DETAILED ACTION
This Office Action is in response to Applicants application filing received on March 6, 2025. Claim(s) 1-20 is/are currently pending in the instant application.
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 .
Specification
The abstract of the disclosure is objected to because it fails to disclose a concise description of the invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Drawings
The drawings are objected to because several of the drawings are not of sufficient quality to read the text. This in includes dark and gray scale and dark background images. At least Figures 3A1, 3A2, 3B, 4A, 4B, 4C1, 4C2, 4C3, 4C4, 4C5, 4D1, 4D2, 4D3, 4E1, 4E2, 4G, 41H, 4H2, 43H, 4I, 5A, 5B1, 5B2, 5B3, 5C1, 5C3, 5D1, 5D2, 5E, 6A, 6B, 11 need attention and clarity. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Figs. 4H1 and 11 is provided as an example of the drawing quality.
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Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 1-20 are directed to one of the four statutory classes of invention (e.g. process, machine, manufacture, or composition of matter). The claims include a system or “apparatus”, method or “process”, or product or “article of manufacture” and is a method, apparatus, and article for skills and performance assessment which is a process (Step 1: YES).
The Examiner has identified independent method Claim 1 as the claim that represents the claimed invention for analysis and is similar to independent apparatus Claim 12 and product Claim 18. Claim Y recites the limitations of (abstract ideas highlighted in italics and additional elements highlighted in bold)
obtaining, at an administrator computing device, input from a first user computing device indicating a selection of a first curriculum workout plan, wherein the first curriculum workout plan includes a specified first set of workouts;
obtaining, at the administrator computing device, additional input from the first user computing device specifying one or more individuals and/or groups to be assigned the specified first set of workouts of the first curriculum workout plan;
automatically assigning, by the administrator computing device, a first subset of workouts of the first curriculum workout plan to one or more second user computing devices associated with the specified one or more individuals and/or groups; and
pushing one or more signal packets indicating the first subset of workouts of the first curriculum workout plan to one or more second user computing devices associated with the specified one or more individuals and/or groups.
These limitations, under their broadest reasonable interpretation, cover performance of the limitation as “Certain Methods of Organizing Human Activity”. Obtaining input related to a workout plan, obtaining additional input for an individual or groups to be assigned to the workout plan, and assigning the workout plan to one or more individuals or groups recites managing personal behavior or relationships. Accordingly, the claim recites an abstract idea. The administration computing device comprising at least one processor coupled to at least one memory in Claim 12 is just applying generic computer components to the recited abstract limitations. The non-transitory machine-readable medium having stored thereon instructions executable by at least one processor in Claim 18 appears to be just software. Claims 12 and 18 are also abstract for similar reasons. (Step 2A-Prong 1: YES. The claims are abstract)
These limitations, under their broadest reasonable interpretation, cover performance of the limitation as “Mental Processes”. Obtaining input related to a workout plan, obtaining additional input for an individual or groups to be assigned to the workout plan, and assigning the workout plan to one or more individuals or groups recites concepts performed in the human mind. But for the “administrator computing device”, “first user computing device”, “second user computing device”, and “signal packet” language, the claim encompasses an administrator placing individuals or groups into sets to follow workout plans and then providing the workout plans to the individuals or groups using his/her mind. The mere nominal recitation of an administrator device and first and second user devices with a data transmission packet does not take the claim out of the mental processes grouping. Accordingly, the claim recites an abstract idea. The administration computing device comprising at least one processor coupled to at least one memory in Claim 12 is just applying generic computer components to the recited abstract limitations. The non-transitory machine-readable medium having stored thereon instructions executable by at least one processor in Claim 18 appears to be just software. Claims 12 and 18 are also abstract for similar reasons. (Step 2A-Prong 1: YES. The claims are abstract)
This judicial exception is not integrated into a practical application. In particular, the claims only recite an administrator computing device and first and second user computing devices (Claim 1) a processor and at least one memory (claim 12) and/or a non-transitory machine-readable medium having stored thereon instructions (Claim18). The computer hardware is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore claims 1, 12, and 18 are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer hardware amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. See Applicant’s specification para. [0033] about implementation using general purpose or special purpose computing devices (Example types of electronic and/or computing devices may include, for example, any of a wide range of digital electronic devices, including, but not limited to, cellular telephones (e.g., smartphones), tablet devices, desktop and/or notebook computers, virtual and/or augmented reality devices, high-definition televisions, digital video players and/or recorders, game consoles, satellite television receivers, wearable devices, personal digital assistants, mobile audio and/or video playback and/or recording devices, streaming devices, or any combination of
the foregoing.) and MPEP 2106.05(f) where applying a computer as a tool is not indicative of significantly more.<< Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus claims 1, 12, and 18 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more)
Dependent claims 2-11, 13-17, and 19-20 further define the abstract idea that is present in their respective independent claims 1, 12, and 18 and thus correspond to Certain Methods of Organizing Human Activity and/or Mental Processes and hence are abstract for the reasons presented above. The dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. The dependent claims include steps or processes which are similar to that disclosed in MPEP 2106.05(d), (f), (g), and/or (h) which include activities and functions the courts have determined to be well-understood, routine, and conventional when claimed in a generic manner, or as insignificant extra solution activity, or as merely indicating a field of use or technological environment in which to apply the judicial exception.
Claims 2, 6 are based on MPEP 2106.05(g)(3) iii. Selecting information, based on types of information and availability of information in a power-grid environment, for collection, analysis and display, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354-55, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016); and MPEP 2106.05 (d) II. i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network);
Claims 3, 9 are equivalent to MPEP 2106.05(d) II. i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network);
Claim 4 is the same as MPEP 2106.05(d)II. iii. Electronic recordkeeping, Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225, 110 USPQ2d 1984 (2014) (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log);
Claim 5 is based on MPEP 2106.05(g)(3) v. Consulting and updating an activity log, Ultramercial, 772 F.3d at 715, 112 USPQ2d at 1754;
Claim 7 is equivalent to MPEP 2106.05(f)(2) v. Requiring the use of software to tailor information and provide it to the user on a generic computer, Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1370-71, 115 USPQ2d 1636, 1642 (Fed. Cir. 2015);
Claim 8 MPEP 2106.05(f)(2) ii. Generating a second menu from a first menu and sending the second menu to another location as performed by generic computer components, Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1243-44, 120 USPQ2d 1844, 1855-57 (Fed. Cir. 2016);
Claim 10 is similar to MPEP 2106.05(f)(2) vi. A method of assigning hair designs to balance head shape with a final step of using a tool (scissors) to cut the hair, In re Brown, 645 Fed. App'x 1014, 1017 (Fed. Cir. 2016)
Claim 11 is similar to MEPE 2106.05(d)II. iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
Claims 14-17, 19, and 20 are covered as identical to 3+4, 5, 7+8, 9, 3+4+5, and 7+8+9 respectively.
Therefore, the claims 2-11, 13-17, 19 and 20 are directed to an abstract idea. Thus, the claims 1-20 are not patent-eligible.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7,12-15, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hope et al. U.S. Publication 2022/0180998 A1 (hereafter Hope).
Regarding claim 1, Hope discloses obtaining, at an administrator computing device (see at least Figs. 5, 6; computer server system 112), input from a first user computing device indicating a selection of a first curriculum workout plan (see at least [0009] a method for scheduling training activities for a user of a fitness monitoring device, comprises the steps of: receiving a training category selection from the user), wherein the first curriculum workout plan includes a specified first set of workouts (see at least [0010] a method for generating a workout routine for an athlete, includes: receiving a training category selection from a portable fitness monitoring device and/or computer; receiving performance information associated with the athlete from the portable fitness monitoring device; generating a schedule of a plurality of training activities based on the selected training category and the performance information,);
obtaining, at the administrator computing device, additional input from the first user computing device specifying one or more individuals and/or groups to be assigned the specified first set of workouts of the first curriculum workout plan (see at least [0056] The portable fitness monitoring device may be adapted to measure various performance parameters associated with the athlete's physical activities, to provide feedback to the athlete during the activities, to send information to the server system, and/or to receive information from the server system. The server system may be adapted to process performance information associated with the athlete's activities, to provide feedback to the athlete before, during, and/or after the physical activities, to send information to the portable fitness monitoring device, and/or to receive information from the portable fitness monitoring device.);
automatically assigning, by the administrator computing device, a first subset of workouts of the first curriculum workout plan to one or more second user computing devices associated with the specified one or more individuals and/or groups (see at least [0110] the training categories 202 may correspond to one or more particular sports. For example, a user who wishes to train for soccer may select a soccer training category which would facilitate scheduling of training activities, including a combination of cardio based training activities and non-cardio based activities (e.g., a strength based activity), which may prepare the user for the rigors of soccer (e.g., stamina and leg strength). Training categories 202 also may be directed to broad fitness categories, such as, for example, losing weight, staying fit, running faster, cycling faster, and other suitable categories.); and
pushing one or more signal packets indicating the first subset of workouts of the first curriculum workout plan to one or more second user computing devices associated with the specified one or more individuals and/or groups (see at least [0096] Fig. 7B, the server 112 may send one or more workout routines to the portable fitness monitoring device 102. During the activity, the portable fitness monitoring device 102 may send, for example, real-time performance information to the server 112, and in response the server 112 may send, for example, real-time feedback or coaching to the portable fitness monitoring device 102. In one embodiment, this communication during the activity may occur as a result of and/or simultaneously with the execution of a workout routine by the portable fitness monitoring device 102. After the activity, the portable fitness monitoring device 102 may send, for example, complete activity performance information to the server 112, and in response the server 112 may send, for example, post-activity analysis to the portable fitness monitoring device 102. [0097] in FIG. 7B, a group of individuals having portable fitness monitoring devices 102 and one or more sensors 104 may communicate with a base station 116 that may be connected to the server 112 through a wired or wireless connection. The base station 116 may be a self-contained unit adapted to receive and transmit data to and from the portable fitness monitoring devices 102, the one or more sensors 104).
Regarding claim 2, Hope discloses wherein pushing the one or more signal packets indicating the first subset of workouts of the first curriculum workout plan to the one or more second user computing devices affects a transformation of a graphical user interface of a software agent executed at the one or more second user computing devices to notify the specified one or more individuals and/or groups of the assignment of the first subset of workouts of the first curriculum workout plan (see at least Figs. 11, Chose your training. Fig. 13, select a plan. Fig. 14, example Football, cardio or strength and flexibility. Fig. 20, 10 strength exercises)
Regarding claim 3, Hope discloses wherein the first user computing device comprises a group owner computing device (see at least [0056] performance parameters associated with the athlete's physical activities may be received and viewed by an authorized individual (e.g., a coach) in real-time or substantially in real-time. Based on this information, the coach may also provide feedback to the athlete during the activity.).
Regarding claim 4, Hope discloses wherein the first curriculum workout plan is directed to developing one or more skills associated with a sport of basketball for the specified one or more individuals and/or groups, wherein the specified one or more individuals and/or groups comprise one or more basketball players (see at least [0111] FIGS. 10 and 11 are exemplary GUI windows according to embodiments of the present invention that may be displayed by the training module 200. From the main training module page, the user (who may or may not be the athlete 100) may be able to select from one of a plurality of icons corresponding to training categories 202. The training categories 202 may include, but are not limited to, basketball, tennis, football, soccer, recreational running, walking, skating, swimming, performing aerobic exercises, weight lifting, general fitness, baseball, boxing, hockey, field hockey, rugby, crew/rowing, race running, sprint running, cycling, lacrosse, golf, martial arts, gymnastics, wrestling, yoga, skiing, paddle boarding, and snowboarding. Fig. 14, Football training including preseason, cardio, strength, and flexibility. Basketball would have things like strength, flexibility, conditioning, shooting, dribbling, etc.).
Regarding claim 5, Hope discloses wherein the specified first set of workouts of the curriculum workout plan includes one or more workouts selected from one or more of a plurality of skills categories including basketball shooting, passing, dribbling, finishing, conditioning, rebounding defense, and/or mindset (see at least [0111] From the main training module page, the user (who may or may not be the athlete 100) may be able to select from one of a plurality of icons corresponding to training categories 202. The training categories 202 may include, but are not limited to, basketball, tennis, football, soccer, recreational running, walking, skating, swimming, performing aerobic exercises, weight lifting, general fitness, baseball, boxing, hockey, field hockey, rugby, crew/rowing, race running, sprint running, cycling, lacrosse, golf, martial arts, gymnastics, wrestling, yoga, skiing, paddle boarding, and snowboarding. Fig. 11, Fig. 12 includes the selection of Football and related training. Fig. 15 includes single workouts related to strength, speed, flexibility, sprints, squats, and core. The apparatus is claimed for basketball and related condition and training for the sport. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987) .
Regarding claim 6, Hope discloses further comprising: displaying, to the specified one or more individuals and/or groups via graphical user interfaces of copies of an application executed at the respective second user computing devices, instructions and/or guidance regarding how and/or when to perform one or more individual workouts of the specified first set of workouts (see at least Fig. 20 [0116] FIGS. 17 through 21 are exemplary GUI windows according to embodiments of the present invention that may be displayed by the training module 200 after the user has selected a particular workout plan or single workout based on the selected training category 202. In one embodiment, the GUI window may provide workout details including the workout title 209 of the selected workout plan 206 or single workout 208, graphics 212 representative of the workout, a workout description 214, required equipment 216, and a sample workout 218.); and
obtaining, by the administrator computing device, signals and/or states representative of results and/or scores for the one or more individual workouts of the specified first set of workouts from one or more of the respective second user computing devices (see at least [0125] The workout load settings 224 graphically presents the resistance settings (load, time, and/or repetitions) for the training activities of the workout plan. If a user wishes to adjust the load settings for one or more training activities the user may select to update the settings and employ a workout load wizard 227, as shown for example in FIG. 25. The workout load wizard 227 may comprise a pop-up window that is adapted to accept user input regarding the desired load settings for one or more training activities. In this manner, the workout load wizard 227 may provide an initial self-assessment for the user.).
Regarding claim 7, Hope discloses wherein the specified first set of workouts is to be automatically assigned to the specified one or more individuals and/or groups during a preseason of a cyclical sporting calendar, wherein the cyclical sporting calendar comprises an offseason, the preseason, and/or an in-season (see at least [0113] the user may select from a plurality of workout plans 206 that correspond to the selected training category 202. In one embodiment of the present invention, the training module 200 may enable the user to select workout plan icons associated with various workout plan sub-modules, such as, for example, a Pre-Season Power cardio plan, a Cardio Conditioning plan, a Get Strong plan, and a Flex Time plan. Other workout plan sub-modules corresponding to a selected training category 202, including, but not limited to, a Learn to Run sub-module, a Be Fit sub-module, a Run a Race sub-module, a De-Stress sub-module, a Lose Weight sub-module, and a Finish Faster sub-module may be included. I would be obvious if preseason is an option that in-season and offseason would also be options as the sports schedules are well known. For example, Football is preseason in August and September. In season in September-February, and off season February to July.).
Claims 12 and 18 are substantially similar to claim 1 and therefore rejected under the same rationale.
Claim 13 is substantially similar to claim 2 and therefore rejected under the same rationale.
Claim 14 is substantially similar to claims 3 and 4 and therefore rejected under the same rationale.
Claim 15 is substantially similar to claim 5 and therefore rejected under the same rationale.
Claim 19 is substantially similar to claims 3, 4, and 5 and therefore rejected under the same rationale.
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) 8-11, 16, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hope et al. U.S. Publication 2022/0180998 A1 (hereafter Hope) in view of Errante et al. U.S. Publication 2019/0244540 A1 (hereafter Errante).
Regarding claim 8, Hope discloses that of claim 7 and discloses training for different sports including and example of preseason training. Hope fails to discuss any other type of in-season or off season workouts.
Errante discloses, in the same field of invention, a system for providing performance training where the athletes in the off-season heading into the sports season at a specified time, exercise fro the athlete are adjusted automatically at training stages appropriate to allow the athlete to be in peak condition, and not worn down from intense training at the start of the upcoming season (see at least [0088] Appropriate training session exercises are selected for the specific athlete, e.g., to keep the athlete healthy and to allow the athlete to build momentum on each training day. An athlete's playing schedule can be taken into account, e.g., when training sessions are assembled by the example system 20. For example and in some embodiments, where an athlete is in the off-season and the season begins at a specified time, exercises for that athlete are adjusted at training stages appropriate to allow the athlete to be in peak condition, and not worn down from intense training, at the start of the upcoming season.) wherein the first curriculum workout plan specifies different sets of workouts for the preseason, the in-season, and/or the offseason (see at least [0032] The strength & conditioning coach may create, distribute and manage customized training programs for athletes on a mass scale The strength & conditioning coach may make quick and easy changes to training plans on a mass scale. The strength & conditioning coach may monitor an athlete's training history. The strength & conditioning coach may obtain real time updates on soreness, injuries and exercises that may be too difficult to perform.). therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the training platform disclosed in Hope with the seasonal adjustments for different sports as taught in Hope for managing athlete training and development throughout the year as combinations of prior art elements are known to yield predictable results. (KSR A)
Regarding claim 9, the combination of Hope and Errante discloses wherein the different set of workouts for the preseason, the in-season, and/or the offseason are automatically assigned to the specified one or more individuals and/or groups at times and/or dates specified for a given season (see at least Errante [0111] In the foregoing systems and methods, rules are used and updated for automatically structuring and adjusting training session exercises to match the individual athlete and his/her current circumstances. Feedback from an athlete as to a training session can be used not only to adjust the athlete's training session and/or plan, but also to update the rules used to determine training sessions.).
Regarding claim 10, the combination of Hope and Errante discloses wherein the group owner computing device is associated with a coach, and wherein the different set of workouts for the preseason, the in-season, and/or the offseason are automatically assigned to the specified one or more individuals and/or groups without further intervention by the coach (see at least Errante [0111] Thus feedback from one athlete can be used to influence the generation of training sessions for other athletes. Because the rules are structured to take a specific athlete and his/her current situation automatically into account, training session exercises can be structured to automatically take into account various factors that a human coach would not always necessarily be able to take into consideration.).
Regarding claim 11, the combination of Hope and Errante discloses further comprising obtaining, at the administrator computing device, further input from the coach via the group owner computing device indicating a different subset of workouts to assign to the specified one or more individuals and/or groups for a particular season of the preseason, in-season, and/or offseason (see at least [0085] For example, the athlete identifies his/her particular sport (e.g., baseball, football, tennis, etc.), his/her primary playing position (e.g., baseball catcher, pitcher, shortstop, etc.), age, training experience, injury history, season status (e.g., in-season, off-season, pre-season, etc.) estimated time to season transition, etc. The athlete also identifies one or more performance targets, which the system 20 may use to customize a training strategy for that athlete. For example, the athlete may specify a focus on strength, with a performance emphasis on lower body power, upper body strength, hip mobility and agility. [0104] Another user may be a strength and conditioning coach, who may create, distribute and/or manage customized training programs for athletes,).
Claim 16 is substantially similar to claims 7 and 8 and therefore rejected under the same rationale.
Claim 17 is substantially similar to claim 9 and therefore rejected under the same rationale.
Claim 20 is substantially similar to claims 7, 8, and 9 and therefore rejected under the same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art has to do with training and workout programs specifically designed for different sports as well as their associated methods and systems.
U.S. Publication 2016/0220867 A1 - Systems, methods, devices, and computer programs for generating personalized fitness programs are disclosed. One aspect comprises a method including inducing a release of a protein expression into the body, measuring a force generated by the body utilizing over ninety percent of skeletal muscle to generate the force, determining a force metric based on the force generated in relation to a parameter of the body, identifying a target force metric based on at least one user identified target metric, measuring at least one physical metric of the body, generating personalized training regimen based on the determined force metric and the at least one identified target metric, the developed training regimen configured to maximize conversion of type 1 muscle cells to type 2b muscle cells, and wherein the personalized training regimen is designed to be implemented by the body while the protein expression is present in the bloodstream of the body.
U.S. Publication 2021/0093919 A1 - System and method for coaching based on workout history. Improved solutions enable intelligent management of a user's personal fitness journey based on workout recommendations that closely align with the user's traits. In one exemplary embodiment, workout data for a population of different individuals is analyzed to identify groups of similarly performing individuals. Each group of individuals is analyzed to generate an expected profile that approximates the physiological and/or psychological traits of the group. An expected profile includes heuristics and/or performance metrics that enable dynamic coaching during workouts. Subsequently thereafter, user's can be dynamically coached by their client device, based on the expected profile.
U.S. Publication 2021/0050086 A1 - The present invention includes methods and systems for generating an optimized workout plan for an individual based on the individual's genetic, physiological, behavioural and lifestyle data. By taking an individual's genetic and environmental data into account, a workout plan can built from individual exercises and exercise parameters in a way that is optimized for the individual's physiological traits.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN C WHITE whose telephone number is (571)272-1406. The examiner can normally be reached M-F 7:30-4:00 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, Beth Boswell can be reached at (571)272-6737. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DYLAN C WHITE/Primary Examiner, Art Unit 3625 August 25, 2026
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