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 § 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.
Claim(s) 1-4, 6-11, 13-18 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamakin (RU 2158021 C1) in view of Shiraski et al. (U.S. Publication 2009/0170664).
Referring to claims 1, 8 & 15, Kamakin discloses comprising receiving a first user input at a user device to begin a breathing sequence (determine number of breaths); providing first heart rate information on a display of the user device during a first phase of the breathing sequence, wherein the first heart rate information is generated based on
first collected heart rate data (heart rate sensor); causing fluctuation of a fluctuating user interface element on the display of the user device during a second phase of the breathing sequence (display of fluctuations); and providing second heart rate information on the display of the user device during a third phase of the breathing sequence, wherein the second heart rate information is generated based on second collected heart rate data (readings). Kamakin does not disclose responsive to receiving a first user input at an input component of a user device, beginning a breathing sequence configured to direct a user breathing exercise; responsive to collecting first user heart rate data using a sensor of the user device, generating and displaying, first heart rate information on a display of the user device during a first phase of the breathing sequence; causing fluctuation of a fluctuating user interface element on the display of the user device during a second phase of the breathing sequence, wherein the fluctuation is associated with user breathing cues for performing the user breathing exercise; and responsive to collecting second heart rate data using the sensor of the user device, generating and displaying, providing second heart rate information on the display of the user device during a third phase of the breathing sequence. However, Shirasaki et al. teaches responsive to receiving a first user input at an input component of a user device, beginning a breathing sequence configured to direct a user breathing exercise (Figs. 7-10); responsive to collecting first user heart rate data using a sensor of the user device, generating and displaying, first heart rate information on a display of the user device during a first phase of the breathing sequence (Figs. 7-10); causing fluctuation of a fluctuating user interface element on the display of the user device during a second phase of the breathing sequence, wherein the fluctuation is associated with user breathing cues for performing the user breathing exercise (Figs. 7-10); and responsive to collecting second heart rate data using the sensor of the user device, generating and displaying, providing second heart rate information on the display of the user device during a third phase of the breathing sequence (Figs. 7-10) . It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include responsive to receiving a first user input at an input component of a user device, beginning a breathing sequence configured to direct a user breathing exercise; responsive to collecting first user heart rate data using a sensor of the user device, generating and displaying, first heart rate information on a display of the user device during a first phase of the breathing sequence; causing fluctuation of a fluctuating user interface element on the display of the user device during a second phase of the breathing sequence, wherein the fluctuation is associated with user breathing cues for performing the user breathing exercise; and responsive to collecting second heart rate data using the sensor of the user device, generating and displaying, providing second heart rate information on the display of the user device during a third phase of the breathing sequence, as disclosed by Shirasaki et al., incorporated into Kamakin, in order guide an exercise pattern of breathing to a user.
Referring to claims 2 & 9 & 16, Kamakin discloses wherein the first heart rate information comprises a first heart rate user interface element and a first heart metric, and the second heart rate information comprises a second heart rate user interface element and a second heart metric (heart rate sensor).
Referring to claims 3, 10 & 17, Kamakin discloses wherein the first heart rate user interface element pulsates in a manner that corresponds to a first measured heart rate based on the first collected heart rate data (reading/display of fluctuations).
Referring to claims 4, 11 & 18, Kamakin discloses wherein the second heart rate user interface element pulsates in a manner that corresponds to a second measured heart rate based on the second collected heart rate data (heart rate sensor).
Referring to claims 5, 12 & 19, Kamakin discloses further comprising: during the first phase of the breathing sequence, collecting the first heart rate data using one or more sensors of the user device (heart rate sensor & square pulse generator); and during the third phase of the breathing sequence, collecting the second heart rate data using the one or more sensors of the user device (heart rate sensor & square pulse generator).
Referring to claims 6 & 13, Kamakin discloses wherein the first phase comprises a preliminary phase, the second phase comprises a breathing phase, and the third phase comprises a concluding phase, and wherein the breathing phase occurs before the concluding phase and after the preliminary phase (square pulse generator).
Referring to claims 7 & 14 & 20, Kamakin discloses wherein the fluctuation comprises repeated growing and repeated shrinking of the fluctuating user interface element at a
cyclic rate during the second phase, the cyclic rate corresponding to breath ratio (breaths and exhalations of fluctuations).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715
