CTNF 19/185,214 CTNF 84885 DETAILED ACTION The present application, filed on 4/21/2025 is being examined under the AIA first inventor to file provisions. The following is a non-final First Office Action on the Merits. Claims 1 are pending and have been considered below. Priority This application is a CON of 17/751,585 05/23/2022, which is a CON of PCT/US20/61882 11/23/2020, which claims benefit of 63/032,689 05/31/2020 and claims benefit of 62/939,309 11/22/2019 The priority is acknowledged. Information Disclosure Statement (IDS) The information disclosure statement (IDS) submitted on 6/2/2025; 7/9/2025; 9/11/2025; 3/16/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, such IDS is being considered by Examiner. Claim Rejections - 35 USC § 102a(2) 07-07-aia AIA 07-07 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 – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-08-aia AIA (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. 07-15-aia AIA Claim 1 is rejected under 35 U.S.C. 102 as being anticipated by Kim et al (US 2016/0324445) . Regarding Claim 1: Kim discloses: A system for motion-based media creation comprising: an article of footwear or apparel comprising at least one accelerometer or inertial measurement unit operative to monitor spatial motion of at least a portion of the article of footwear or apparel, and to generate a data stream indicative of the monitored spatial motion; {see at least [0143]: acceleration sensor within a pad part in the form of an insole of a shoe; [0144]: The user's gait posture may be determined according to a detection order of the sensor values}; a processor in networked wireless communication with the article of footwear or apparel, the processor configured to: {see at least [0139]: a communication unit configured to transmit the sensor values to an external electronic device by using short range communication; and fig. 1 shows an example external device with processor 120}, receive the data stream from the article of footwear or apparel; {see at least [0139]: The external electronic device may be configured to control determination of the user's gait posture by using the received sensor values} identify at least one motion primitive from the received data stream; and {see at least fig6, rc602, [0139] determine user’s gait posture} trigger the playback of an audio sample or a visual effect in response to the identified at least one motion primitive. {see at least fig6, rc603, [0145] information output as audiovisual (reads on audio playback} Examiner Remarks Relevant prior art made of record and not relied upon which, however, is considered most pertinent to applicant's disclosure: US 2018/0199657 Kikukawa FOOTWEAR, SOUND OUTPUT SYSTEM, AND SOUND OUTPUT METHOD Adaptive output control is performed on the basis of sound and motion. Footwear includes a sensor portion that detects motion of the footwear, a transmission portion that transmits sensor data detected by the sensor portion to an external apparatus, a reception portion that receives an output control signal based on sound data and the sensor data from the external apparatus, and an output portion that performs output based on the output control signal. Kikukawa discloses: A system for motion-based media creation comprising: {see at least [0060]-[0061]} an article of footwear or apparel comprising at least one accelerometer or inertial measurement unit operative to monitor spatial motion of at least a portion of the article of footwear or apparel, and to generate a data stream indicative of the monitored spatial motion; {see at least [0035], [0039], [0060]-[0061] motion data is acquired via acceleration sensors and data streams are generated based on the motion} a processor in networked wireless communication with the article of footwear or apparel, the processor configured to: {see at least [0036]-[0038] - processor communicates with the footwear wirelessly}, receive the data stream from the article of footwear or apparel; {see at least [0035], [0039], [0060], [0061] - data received from footwear} identify at least one motion primitive from the received data stream; and {see at least [0035], [0039], [0060], [0061] - motions are identified} trigger the playback of an audio sample or a visual effect in response to the identified at least one motion primitive. {see at least [0033] motion of the footwear and music are interlocked (reads on triggering audio playback)} Additional prior art made of record and not relied upon which, however, is considered pertinent to applicant's disclosure: US 20140070957 A1 LONGINOTTI-BUITONI; Gianluigi et al. WEARABLE COMMUNICATION PLATFORM An wearable communications garment that includes one or more user-selectable inputs integrated into the garment. A sartorial communications apparatus may include a flexible material that is worn (e.g., as an undergarment) by the user and includes one or more interactive sensors that may be manually activated by a user, even through one or more intervening layers of clothing. The apparatus may also include one or more additional body sensors configured to sense a user's position, movement, and/or physiological status. The sensor(s) may be connected via a conductive trace on the garment to a sensor module for analysis and/or transmission. Methods of manufacturing the garments as well as methods of using the garments are also described. US 20150067811 A1 Agnew; John et al. CONDUCTING SESSIONS WITH CAPTURED IMAGE DATA OF PHYSICAL ACTIVITY AND UPLOADING USING TOKEN-VERIFIABLE PROXY UPLOADER A token-verifiable proxy uploader is disclosed. A token request may be transmitted from an end-user communication device for requesting an upload token from a hosted services server that is configured to authorize transmission of a first media file to a hosted proxy server. The upload token may be transmitted to the end-user communication device. Validation of the user of the end-user communication device may be conducted without the end-user device providing any credentials to the media sharing site and in which the end-user device is does not transmit any credentials specific to the media sharing site as part of the validation. The token validation call may be in response to the hosted proxy server receiving the upload token and either: (1) the first media file from the end-user communication device; or (2) a request from the end-user communication device to upload the first media file to the hosted proxy server. US 20160322078 A1 BOSE; Bhaskar et al. MULTI-SENSOR EVENT DETECTION AND TAGGING SYSTEM A sensor event detection and tagging system that analyzes data from multiple sensors to detect an event and to automatically select or generate tags for the event. Sensors may include for example a motion capture sensor and one or more additional sensors that measure values such as temperature, humidity, wind or elevation. Tags and event detection may be performed by a microprocessor associated with or integrated with the sensors, or by a computer that receives data from the microprocessor. Tags may represent for example activity types, players, performance levels, or scoring results. The system may analyze social media postings to confirm or augment event tags. Users may filter and analyze saved events based on the assigned tags. The system may create highlight and fail reels filtered by metrics and by tags. US 20100035688 A1 Picunko; Robert Electronic Game That Detects and Incorporates a User's Foot Movement An electronic video system incorporates the foot movements of a user into a video program. The system includes a receiver and a computer processor. The receiver is configured to wirelessly receive signals transmitted from footwear worn by a user. The signals correspond to a series of foot movements of the user. The computer processor is operatively connected to the receiver and is configured to run the video program, which utilizes the signals received by the receiver as input data. The processor processes the input data to recognize the series of foot movements of the user, and outputs video signals simulating the series of foot movements. US 20210243031 A1 PEGORARO; Gabriele Edmondo METHOD, ARCHITECTURE AND DEVICES FOR THE REALIZATION OF AN ENCRYPTED COMMUNICATION PROTOCOL OF ENCRYPTED DATA PACKETS NAMED 'TRANSPORT ENCRYPTED PROTOCOL' (TEP) Method, devices, programs and system for the realization of an encrypted protocol for the transmission of encrypted data packets, called “Transport Encrypted Protocol” (TEP), intended for communication, characterized by a particular methodology of data encrypted encapsulation according to the blockchain paradigm including the following steps: the establishment of a distributed ledger which generate sender and recipient addresses to establish a communication characterized by the encryption of both the content and the transport channels; the verification of the integrity of the message and the correct correspondence of the address by the receiving node (hash), which decrypts each layer of encapsulation and hence decrypting the message itself; and the submission of an encrypted notification of receipt to the sender node and the subsequent preparation of the receiving node to the next state, either the break in communication or the modification of its status from recipient to sender. US 20180214777 A1 Hingorani; Sanjiv Chandroo AUGMENTED REALITY RHYTHM GAME An interactive rhythm game may provide an enhanced player experience by implementing one or more features described herein. For example, the variety of dance locations may be greatly enhanced by providing an augmented reality feature allowing the player to turn any real world location into a dance location in the game. As another example, an interactive rhythm game may allow a player to customize aspects of in-game avatars by allowing users to provide custom textures and define their own custom dance animations. As yet another example, an interactive rhythm game may adjust the difficulty and/or dance performance of an avatar based on one or more factors. As still another example, the interactive rhythm game may modify the augmented reality dance venue to include other characters and special effects based on the user's gameplay. US 20190028803 A1 Benattar; Benjamin D. ACTIVE NOISE CONTROL AND CUSTOMIZED AUDIO SYSTEM An acoustic customization system to enhance a user's audio environment. One type of enhancement would allow a user to wear headphones and specify what ambient audio and source audio will be transmitted to the headphones. Added enhancements may include the display of an image representing the location of one or more audio sources referenced to a user, an audio source, or other location and/or the ability to select one or more of the sources and to record audio in the direction of the selected source(s). The system may take advantage of an ability to identify the location of an acoustic source or a directionally discriminating acoustic sensor, track an acoustic source, isolate acoustic signals based on location, source and/or nature of the acoustic signal, and identify an acoustic source. In addition, ultrasound may serve as an acoustic source and communication medium. US 20150181314 A1 Swanson; Evan ATHLETIC MONITORING SYSTEM HAVING AUTOMATIC PAUSING OF MEDIA CONTENT Systems and methods configured to be worn on a body of user for athletic performance monitoring, and having a sensor for capturing data associated with an athletic activity being carried out by the user. The captured sensor data may be used to identify a break in an athletic training session being carried out by the user, and in response, to automatically pause playback of media content to the user. US 20150370320 A1 Connor; Robert A. Smart Clothing with Human-to-Computer Textile Interface This invention is smart clothing with a touch-based and/or gesture-based human-to-computer textile interface which transduces human touch and/or gestures into computer inputs. In an example, this interface can comprise an array or mesh of electroconductive fibers, threads, or yarns which are woven together using a plain weave, a rib weave, a basket weave, a twill weave, a satin weave, a leno weave, or a mock leno weave. US 20170177091 A1 Shah; Saurin et al. DYNAMIC EFFECTS PROCESSING AND COMMUNICATIONS FOR WEARABLE DEVICES Processing techniques and device configurations for performing and controlling output effects at a plurality of wearable devices are generally described herein. In an example, a processing technique may include receiving, at a computing device, an indication of a triggering gesture that occurs at a first wearable device, determining an output effect corresponding to the indication of the triggering gesture, and in response to determining the output effect, transmitting commands to computing devices that are respectively associated with a plurality of wearable devices, the commands causing the plurality of wearable devices to generate the output effect at the plurality of wearable devices. In further examples, output effects such as haptic feedback, light output, or sound output, may be performed by the plurality of wearable devices, associated computing devices, or other controllable equipment. US 20120029994 A1 Barkan; Edward et al. COUPON ORGANIZATION USING A BAR CODE READER A consumer can use his or her cell phone to scan barcodes from newspaper circulars at home, on a computer screen at home and/or to scan coupon barcodes positioned on the edge of shelves in a store or displayed on a kiosk in a store. The data from all these coupons is be combined into (preferably) a single 2D barcode or in the event of a large number of coupons, into a smaller number of 2D barcodes on the cell phone's display, for scanning by an imaging barcode scanner at the point of sale. This 2D barcode can also include the user's loyalty card information, so reading a single barcode off the screen of the phone can accomplish what formerly required multiple individual scans to accomplish. US 20190266404 A1 Spivack; Nova et al. Systems, Methods and Apparatuses to Generate a Fingerprint of a Physical Location for Placement of Virtual Objects Systems, methods and apparatuses to generate a Fingerprint of a Physical Location for Placement of Virtual Objects are disclosed. In one aspect, embodiments of the present disclosure include a method, which may be implemented on a system, to generate a fingerprint of the physical location using the location metadata including one or more of, the geometric features and the physical objects. The method can further include tracking device movement in the physical location to determine a position of the device relative to the fingerprint of the physical location and rendering or placing the virtual object in the physical location based on the position of the device and the fingerprint of the physical location. US 20200215390 A1 SHIN; Ki Chul FITNESS MONITORING SYSTEM Disclosed is a fitness monitoring system. A mobile terminal in a system of the present invention connects ends of multiple signals corresponding to a predetermined behavior and stores a determined envelope area. Further, when a signal relating to a user's behavior corresponds to the envelope area, the mobile terminal determines the user's behavior as the predetermined behavior and determines an accuracy or a similarity of the user's behavior by using a degree of matching of the signal relating to the user's behavior to the envelope area. US 20180060943 A1 Mattingly; Todd D. et al. APPARATUS AND METHOD FOR MANAGEMENT OF A HYBRID STORE Systems, apparatuses, and methods are provided herein for store management. A store management system comprises a product allocation database storing product location indicators for one or more unique product identifiers associated with items offered for sale, an item consolidation system, a retail space stocking system, and a control circuit. The control circuit being configured to: determine whether to place an item on a retail space accessible to customers or in a storage area, instruct the retail space stocking system to stock the retail space based on the product location indicator of a plurality of items, receive an order from an in-store customer including a plurality of selected items that comprises items not available in the retail space, and cause the item consolidation system to retrieve at least some of the items not available on the retail space from the storage area for the in-store customer. US 10423241 B1 Pham; Dominick Khanh et al. Defining operating areas for virtual reality systems using sensor-equipped operating surfaces. An operating area for a virtual reality system may be defined based on the positions of sensors (e.g., infrared sensors) or fiducial markings within an environment where the virtual reality system is to be operated. The sensors or the fiducial markings may be provided on an operating surface in the form of a carpet, a mat or another like floor covering. When the virtual reality system is to be calibrated prior to use, positions of the sensors or the fiducial markings may be sensed by a base station, a headset or another virtual reality system unit, and an operating area may be defined based on virtual boundaries constructed using such positions. US 20210161441 A1 WALTMAN; Steven B. et al. MONITORING CATABOLISM MARKERS Health and care are improved through monitoring health markers. In one example a method includes measuring repeatedly at different times a quantity of a biochemical marker in a patient, storing the measurements in a log as entries associated with the patient, analyzing the stored measurements by comparing the quantity of the marker across the plurality of log entries, and determining an illness condition when a recent entry is different from previous log entries, for example when the recent entry is different by more than a threshold or when a baseline level or regular pattern is established from the multiple stored measurements and the recent entry is a change from the baseline by more than a threshold. If a deviation is determined, then an alert condition regarding the patient is determined. Inquiries Any inquiry concerning this communication or earlier communications from the examiner should be directed to Radu Andrei whose telephone number is 313.446.4948. The examiner can normally be reached on Monday – Friday 8:30am – 5pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Hayes can be reached at 571.272.6708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. As disclosed in MPEP 502.03, communications via Internet e-mail are at the discretion of the applicant. Without a written authorization by applicant in place, the USPTO will not respond via Internet e-mail to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122. A paper copy of such correspondence will be placed in the appropriate patent application. The following is a sample authorization form which may be used by applicant: “Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with me concerning any subject matter of this application by electronic mail. I understand that a copy of these communications will be made of record in the application file.” Information regarding the status of published or unpublished applications may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center information webpage. Status information for unpublished applications is available to registered users through Patent Center information webpage only. 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. Any response to this action should be mailed to: Commissioner of Patents and Trademarks P.O. Box 1450 Alexandria, VA 22313-1450 or faxed to 571-273-8300 /Radu Andrei/ Primary Examiner, AU 3697 Application/Control Number: 19/185,214 Page 2 Art Unit: 3697 Application/Control Number: 19/185,214 Page 3 Art Unit: 3697 Application/Control Number: 19/185,214 Page 4 Art Unit: 3697 Application/Control Number: 19/185,214 Page 5 Art Unit: 3697 Application/Control Number: 19/185,214 Page 6 Art Unit: 3697 Application/Control Number: 19/185,214 Page 7 Art Unit: 3697 Application/Control Number: 19/185,214 Page 8 Art Unit: 3697 Application/Control Number: 19/185,214 Page 9 Art Unit: 3697 Application/Control Number: 19/185,214 Page 10 Art Unit: 3697
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