DETAILED ACTION
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 1-20, are rejected under 35 U.S.C. 103 as being unpatentable over May (US 11,763,697) in view of Wang (US 2023/0245651).
Regarding claims 1-2, 9, 17, May discloses a system for measuring and analyzing athletic activity, that includes a housing with an accelerometer and gyroscope, and at least one processor, wherein the system generates motion data based upon measurements from the accelerometer and gyroscope. See col. 13: 5-24 (a six-axis accelerometer can be construed as a gyroscope). May discloses wherein the system utilizes AI optimization to train a machine learning model with the motion data (claim 2) so as to provide adjusted performance target data (claim 17). See col. 13: 25-42
May discloses detection of trigger events and relation or creation of tags and categories for the AI system, and wherein events are provided as input to the AI model, that provides an output that tags the data with a standardized tag for the defined categories, so as to create tagged data. See col. 25: 8-21
May does not disclose wherein the event triggers a feedback request for a natural language response from the athlete during the activity, so as to aid in the AI process. However, this concept is broadly established, as is disclosed by the AI system of Wang in paragraph 0210. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider such with the May system, so as to assist the AI in providing relevant analysis.
Claims 3, 11, May discloses wherein the motion data is tagged and classified in a continuous fashion with constant updated data sets, (i.e. reasonably defined as first, second, etc.). See col. 14: 52-53.
Claims 5-6, 12-14, and 18, May discloses wherein the system can be used for various training activities including routing and pacing, or regarding health and injuries. See col. 21: 37-44 and 23: 55-60.
Claims 4, 10, 19-20, May discloses wherein the athlete can be notified regarding data classification, and generate a response (response as per claim 20). See col. 34: 38-46 (the classification and analysis is what defines the cue presented to the user).
Regarding claim 7-8, 15, Wang discloses wherein a user can provide an initial request prompt for a feedback prompt in 0210, and wherein the request can comprise user profile data in paragraph 0404. The use of such a feedback scheme with the May system would be obvious as described above with regard to claim 1.
Regarding claim 16, May discloses wherein the system can be contained in a user’s shoe in col. 32: 6-15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY A MUSSELMAN whose telephone number is (571)272-1814. The examiner can normally be reached Monday - Thursday, 8:00AM - 4:00PM.
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, PETER S VASAT can be reached at 571-570-7625. 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.
TIMOTHY A. MUSSELMAN
Primary Examiner
Art Unit 3715
/TIMOTHY A MUSSELMAN/Primary Examiner, Art Unit 3715
Prosecution Insights