CTNF 19/030,626 CTNF 92541 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 1. 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 2. The information disclosure statement (IDS) submitted on 01/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 3. 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 either is anticipated by, or would have been obvious over, the reference claim. 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 §§ 706.02(l) (1) - 706.02(l) (3) 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 USPTO Internet website contains terminal disclaimer forms, which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. 08-34 AIA 4. Claim (s) 1-4, 8 & 15 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim (s) 1 of U.S. Patent No : US 12,214,258 B2 . Although the claims at issue are not identical, they are not patentably distinct from each other because Claim(s) 1-4, 8 & 15 of the current application matches directly to every element of Claim 1-4, 8 & 15 of Patent No: US 12,214,258 B2 . 5. In addition, specifically Independent Claims 1, 8 & 15, is/are rejected on the ground of nonstatutory double patenting as being rejected over claim(s) 1-4, 8 & 15 of Patent No: 12,214,258 B2, in view of Burroughs et al. (US 2012/0323496 A1). 6. The claims are not patentable distinct from each other because it would have been obvious to one having ordinary skill in the art at the time the invention was made to take the teachings of Burroughs et al. and apply them on the teachings of Application No. 19/030,626 to generate a calibration factor, establishing a wireless communication connection with a fitness machine during a physical workout session. 7. The table below shows only a sample of how each of these claims is anticipated by claims such as Claim 1 of Patent No. US 12,214,258 B2. Instant Application 19/030,626 Patent No. 12,214,258 B2 1. A method comprising: 1. A computer-implemented method, comprising: establishing, by a wearable computer, a wireless communication connection with a fitness machine, wherein the fitness machine is associated with a physical workout session; establishing, by a wearable computer, a wireless communication connection with a fitness machine; receiving accrued workout data of the physical workout session from the fitness machine; obtaining first machine data from the fitness machine, receiving first machine data from the fitness machine, the first machine data specifying a type of the fitness machine; the first machine data specifying a type of the fitness machine; initiating a workout session on the wearable computer based on the first machine data; initiating a workout session on the wearable computer based on the first machine data; during the workout session: obtaining sensor data generated by the wearable computer; during the workout session: obtaining first sensor data generated by the wearable computer; obtaining second machine data from the fitness machine; obtaining second machine data from the fitness machine; determining a calibration factor based on the second machine data and the sensor data; and determining a calibration factor based on the second machine data and the first sensor data; storing the calibration factor on the wearable computer; storing the calibration factor on the wearable computer; and determining pre-connection fitness data based on the accrued workout data and the calibration factor; and scaling second sensor data generated by the wearable computer using the calibration factor to define first scaled sensor data; and generating a workout session summary based on the pre-connection fitness data. generating a workout session summary based on the first scaled sensor data. 2. The method of claim 1, further comprising, during the workout session, launching a pedometer calibration application on the wearable computer to obtain the sensor data. 2. The computer-implemented method of claim 1, further comprising, during the workout session, launching a pedometer calibration application on the wearable computer to obtain the first sensor data. 3. The method of claim 2, wherein the sensor data comprises pedometer data comprising at least one of a step count or a distance traveled. 3. The computer-implemented method of claim 2, wherein the first sensor data comprises pedometer data comprising at least one of a step count or a distance traveled. 4. The method of claim 1, wherein the calibration factor comprises a ratio formed from the second machine data over the sensor data. 4. The computer-implemented method of claim 1, wherein the calibration factor comprises a ratio formed from the second machine data over the first sensor data. 5. The method of claim 1, wherein the physical workout session is an ongoing physical workout session of a user. 6. The method of claim 1, wherein the accrued workout data is generated by the fitness machine prior to initiating the workout session. 7. The method of claim 1, wherein generating the workout session summary is further based on the calibration factor. 8. One or more non-transitory computer-readable storage devices comprising computer-executable instructions that, when executed by one or more processors of a wearable computer, cause the wearable computer to perform operations comprising: establishing, by the wearable computer, a wireless communication connection with a fitness machine, wherein the fitness machine is associated with a physical workout session; receiving accrued workout data of the physical workout session from the fitness machine; receiving first machine data from the fitness machine, the first machine data specifying a type of the fitness machine; initiating a workout session on the wearable computer based on the first machine data; during the workout session: obtaining sensor data generated by the wearable computer; obtaining second machine data from the fitness machine; determining a calibration factor based on the second machine data and the sensor data; and storing the calibration factor on the wearable computer;4 determining pre-connection fitness data based on the accrued workout data and the calibration factor; and generating a workout session summary based on the pre-connection fitness data. 8. One or more non-transitory computer-readable storage devices comprising computer-executable instructions that, when executed by one or more processors of a wearable computer, cause the wearable computer to perform operations comprising: establishing, by the wearable computer, a wireless communication connection with a fitness machine; obtaining first machine data from the fitness machine, the first machine data specifying a type of the fitness machine; initiating a workout session on the wearable computer based on the first machine data; during the workout session: obtaining first sensor data generated by the wearable computer; obtaining second machine data from the fitness machine; determining a calibration factor based on the second machine data and the first sensor data; storing the calibration factor on the wearable computer; and scaling second sensor data generated by the wearable computer using the calibration factor to define first scaled sensor data; and generating a workout session summary based on the first scaled sensor data. 10. The one or more non-transitory computer-readable storage devices of claim 8, wherein generating the workout session summary is further based on the second machine data. 11. The one or more non-transitory computer-readable storage devices of claim 8, wherein determining pre-connection fitness data is further based on the first machine data. 12. The one or more non-transitory computer-readable storage devices of claim 8, further comprising additional computer-executable instructions that when executed cause the wearable computer to perform additional operations comprising prompting, by the wearable computer via visual, audio, or haptic cue, to initiate establishing the wireless communication connection with the fitness machine based on a proximity to the fitness machine. 13. The one or more non-transitory computer-readable storage devices of claim 8, further comprising additional computer-executable instructions that when executed cause the wearable computer to perform additional operations comprising prompting, by the wearable computer via visual, audio, or haptic cue, to enable sharing of data over the wireless communication connection with the fitness machine. 14. The one or more non-transitory computer-readable storage devices of claim 8, wherein the sensor data includes physiological data of a user of the fitness machine and wherein determining the pre-connection fitness data is further based on the physiological data. 15. A system, comprising: one or more processors; and memory coupled to the one or more processors and configured to store instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising: establishing, by a wearable computer, a wireless communication connection with a fitness machine, wherein the fitness machine is associated with a physical workout session; receiving accrued workout data of the physical workout session from the fitness machine; receiving first machine data from the fitness machine, the first machine data specifying a type of the fitness machine; initiating a workout session on the wearable computer based on the first machine data; during the workout session: obtaining sensor data generated by the wearable computer; obtaining second machine data from the fitness machine; determining a calibration factor based on the second machine data and the sensor data; and storing the calibration factor on the wearable computer; determining pre-connection fitness data based on the accrued workout data and the calibration factor; and generating a workout session summary based on the pre-connection fitness data. 15. A system, comprising: one or more processors; and memory coupled to the one or more processors and configured to store instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising: establishing, by a wearable computer, a wireless communication connection with a fitness machine; obtaining first machine data from the fitness machine, the first machine data specifying a type of the fitness machine; initiating a workout session on the wearable computer based on the first machine data; during the workout session: obtaining first sensor data generated by the wearable computer; obtaining second machine data from the fitness machine; determining a calibration factor based on the second machine data and the first sensor data; storing the calibration factor on the wearable computer; and scaling second sensor data generated by the wearable computer using the calibration factor to define first scaled sensor data; and generating a workout session summary based on the first scaled sensor data. 16. The system of claim 15, wherein the accrued workout data is collected by the fitness machine prior to initiating the workout session. 17. The system of claim 15, wherein the sensor data includes an oxygen consumption of a user of the fitness machine. 18. The system of claim 17, wherein determining the pre-connection fitness data is further based on the oxygen consumption of the user. 19. The system of claim 15, wherein the sensor data includes physiological data of a user of the fitness machine. 20. The system of claim 19, wherein determining the pre-connection fitness data is further based on the physiological data . Conclusion 07-96 AIA 8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Malcolm (US 2017/0361159 A1) BLAHNIK JAY (DE 112015002326 T5) Durham et al. (US 2016/0375307 A1) Flaherty (US 2016/0220867 A1) McKirdy (US 9,367,860 B2) 9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B ROBINSON whose telephone number is (571)270-0702. The examiner can normally be reached M-F 7:00-3:00 EST. 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, Nicholas R Taylor can be reached at 571-272-3889. 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. /CHRISTOPHER B ROBINSON/Primary Examiner, Art Unit 2443 Application/Control Number: 19/030,626 Page 2 Art Unit: 2443 Application/Control Number: 19/030,626 Page 3 Art Unit: 2443 Application/Control Number: 19/030,626 Page 4 Art Unit: 2443
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