CTNF 19/071,764 CTNF 80987 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Venkatraman et al. (U.S. Publication Number 2019/0254590) . Referring to claim 1, Venkatraman et al. discloses an acquisition unit that acquires biometric information of a subject (202); a determination unit that determines a state of the subject from the biometric information (120); generation unit that generates advice corresponding to the state of the subject (abstract); and an output unit that outputs the advice generated, in which the output unit changes an output timing of the advice in accordance with the biometric information (All figures in 8). Referring to claim 2, Venkatraman et al. discloses wherein the biometric information includes at least any of pulsation, Sp02, and body temperature (164). Referring to claim 3, Venkatraman et al. discloses wherein the acquisition unit acquires an exercise intensity based on the biometric information, when the exercise intensity is equal to or greater than a first threshold value and is smaller than a second threshold value, the determination unit determines that the state of the subject is a first exercise state, the generation unit generates advice on an exercise based on the first exercise state, and the output unit outputs the advice on the exercise after an elapse of a predetermined first time after it is determined that the state is the first exercise state (paragraph 0056 & 0081). Referring to claim 4, Venkatraman et al. discloses wherein the predetermined first time of a case where a maximum value of the exercise intensity is a first exercise intensity close to the first threshold value is shorter than the predetermined first time of a case where the maximum value of the exercise intensity is a second exercise intensity close to the second threshold value (paragraph 0056 & 0081). Referring to claim 5, Venkatraman et al. discloses wherein when the exercise intensity is equal to or greater than the second threshold value (paragraphs 0056 & 0081), the determination unit determines that the state of the subject is a second exercise state (abstract), the generation unit generates advice on an activity including an exercise based on the second exercise state of the subject (all figures in 8), and the output unit outputs the advice on the activity at a second timing earlier or later than the first timing in accordance with the first exercise state and the second exercise state (all figures in 8). Referring to claim 6, Venkatraman et al. discloses wherein the advice on the activity includes advice to the subject to promote sleep (all figures in 8). Referring to claim 7, Venkatraman et al. discloses further comprising: a detection unit that detects a movement of the subject (202); and storage unit that stores information about sleep of the subject (130), wherein the acquisition unit acquires a bedtime or a wake-up time of the subject based on the movement and the biometric information of the subject (202), the storage unit stores the bedtime or the wake-up time of the subject up to the previous day, and the second timing is a timing corresponding to the bedtime or the wake-up time of the subject up to the previous day (130). Referring to claim 8, Venkatraman et al. discloses further comprising: a detection unit that detects a movement of the subject (202); and a storage unit that store information about sleep of the subject (130), wherein when the exercise intensity is equal to or greater than the second threshold value, the determination unit determines that the state of the subject is a second exercise state (paragraphs 0056 & 0081), the generation unit generates advice on an activity including a next day's exercise based on the first exercise state and the second exercise state (abstract), the acquisition unit acquires a wake-up time of the subject and a sleep time of the subject based on the movement and the biometric information of the subject (202), the determination unit determines whether the sleep time is sufficient for the exercise intensity for the day including the exercise intensity in the first exercise state and the second exercise state (120), and when it is determined that the sleep time is insufficient, the output unit outputs the advice on the activity including the next day's exercise at a fourth timing later than a third timing when the sleep time is determined to be sufficient (abstract). Referring to claim 9 , Venkatraman et al. discloses wherein when the exercise intensity is equal to or greater than the second threshold value (paragraphs 0056 & 0081), the determination unit determines that the state of the subject is a second exercise state (202), the generation unit generates advice to promote different exercises based on the second exercise state of the subject (abstract), and when the exercise intensity of the second exercise state satisfies a predetermined strength, the output unit outputs advice to promote different exercises (all figures in 8). Referring to claim 10, Venkatraman et al. discloses wherein the generation unit generates advice on review of the exercise based on the first exercise state and the second exercise state (abstract), and when it is determined that the exercise intensity is changed from a value equal to or greater than the second threshold value to a value smaller than the first threshold value (paragraphs 0056 & 0081), the output unit outputs the advice on review of the exercise after an elapse of a predetermined second time (abstract). Referring to claim 11, Venkatraman et al. discloses wherein the predetermined second time of a case where the exercise intensity that is equal to or greater than the second threshold value and equal to or greater than a third threshold value is acquired by the acquisition unit is longer than the predetermined second time of a case where the exercise intensity that is equal to or greater than the second threshold value and equal to or greater than the third threshold value is not acquired by the acquisition unit (paragraphs 0056 & 0081). Referring to claim 12, Venkatraman et al. discloses wherein the acquisition unit acquires an exercise amount based on the biometric information (202), when the exercise amount is a first exercise amount (exercise), the determination unit determines that the state of the subject is a first exercise state (120), the generation unit generates advice on an exercise based on the first exercise state (abstract), and the output unit outputs the advice on the exercise after an elapse of a predetermined third time after it is determined that the state is the first exercise state (all figures in 8). Referring to claim 13, Venkatraman et al. discloses wherein when the exercise amount is equal to or greater than a second exercise amount greater than the first exercise amount (paragraphs 0056 & 0081), the determination unit determines that the exercise state of the subject is a second exercise state (120), the generation unit generates advice on an activity including an exercise based on the second exercise state of the subject (abstract), and the output unit outputs the advice on the activity at a sixth timing earlier than a fifth timing in accordance with the first exercise state and the second exercise state (all figures in 8). Referring to claim 14, Venkatraman et al. discloses wherein the advice on the activity includes advice to the subject to promote sleep (abstract). Referring to claim 15, Venkatraman et al. discloses further comprising: a detection unit that detects a movement of the subject (202); and a storage unit that stores information about sleep of the subject (130), wherein the acquisition unit acquires a bedtime or a wake-up time of the subject based on the movement and the biometric information of the subject (202), the storage unit stores the bedtime or the wake-up time of the subject up to the previous day (130), the sixth timing is a timing corresponding to the bedtime or the wake-up time of the subject up to the previous day (exercise data). Referring to claim 16, Venkatraman et al. discloses further comprising: a detection unit that detects a movement of the subject (120); and a storage unit that stores information about sleep of the subject (130), wherein when the exercise amount is equal to or greater than a second exercise amount greater than the first exercise amount, the determination unit determines that the exercise state of the subject is a second exercise state (paragraphs 0056 & 0081), the generation unit generates advice on an activity including a next day's exercise based on the first exercise state and the second exercise state (abstract), the acquisition unit acquires a wake-up time of the subject (202) and a sleep time of the subject based on the movement and the biometric information of the subject (130), the determination unit determines whether the sleep time is sufficient for the day's exercise amount including the exercise amount in the first exercise state and the second exercise state (202), and when it is determined that the sleep time is insufficient, the output unit outputs the advice on the activity including the next day's exercise at an eighth timing later than a seventh timing based on the wake-up time of the subject up to the previous day (all figures in 8). Referring to claim 17, Venkatraman et al. discloses wherein when the exercise amount is equal to or greater than a second exercise amount greater than the first exercise amount (paragraphs 0056 & 0081), the determination unit determines that the exercise state of the subject is a second exercise state (202), the generation unit generates advice to promote different exercises based on the second exercise state of the subject (abstract), and when the exercise amount of the second exercise state satisfies a predetermined exercise amount, the output unit outputs the advice to promote different exercises (paragraphs 0056 & 0081). Referring to claim 18, Venkatraman et al. discloses wherein the generation unit generates advice on review of the exercise based on the first exercise state and the second exercise state (abstract), and when it is determined that the exercise amount is changed from the exercise amount of the second exercise state to an amount equal to or smaller than the exercise amount in the first exercise state (paragraphs 0056 & 0081), the output unit outputs the advice on review of the exercise after an elapse of a predetermined fourth time (all figures in 8). Referring to claim 19, Venkatraman et al. discloses wherein the predetermined fourth time corresponding to a first total exercise amount in the first exercise state and the second exercise state is longer than the predetermined fourth time corresponding to a second total exercise amount smaller than the first total exercise amount (paragraph 0056 & 0081). Citation of Pertinent Prior Art 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Connor (U.S. Publication Number 2021/0379388) teaches an integrated system to assist cardiovascular functioning with implanted cardia device and sensor-enabled wearable device . Conclusion 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. 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, Xuan Thai can be reached at 571-272-7147. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KESHA FRISBY/Primary Examiner, Art Unit 3715 Application/Control Number: 19/071,764 Page 2 Art Unit: 3715 Application/Control Number: 19/071,764 Page 3 Art Unit: 3715 Application/Control Number: 19/071,764 Page 4 Art Unit: 3715 Application/Control Number: 19/071,764 Page 5 Art Unit: 3715 Application/Control Number: 19/071,764 Page 6 Art Unit: 3715 Application/Control Number: 19/071,764 Page 7 Art Unit: 3715 Application/Control Number: 19/071,764 Page 8 Art Unit: 3715
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