DETAILED ACTION
Claims 1-20 are presented for examination.
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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“the behavior management module operable to perform a behavior zone transition of the user account…” in claim 1
“the behavior management module restricts access to at least one feature…” in claim 1
“the incentive module operable to manage one or more incentives…” in claim 1
“the goals module operable to present one or more metrics to the user and further operable to update an incentive…” in claim 1
“a schedule management module operable to present the user with a plurality of tasks and…provide a task update…” in claim 3
“the schedule management module is further operable to provide a different task update…” in claim 4
“the goals module is operable to update the incentive…” in claim 6
“the incentive module is further operable to update a virtual currency” in claim 7
“the behavior management module operable to perform a behavior zone transition of the user account…” in claim 8
“the behavior management module restricts access to or allows access to at least one feature…” in claim 8
“the incentive module operable to update a virtual currency balance…” in claim 8
“the goals module operable to present one or more metrics to the user and further operable to provide information indicative of an update…” in claim 8
“a schedule management module operable to present the user with a plurality of tasks and…provide a task update…” in claim 9
“the goals module is operable provide the information indicative of the update…” in claim 9
“the incentive module causes the accrual rate to update…” in claim 10
“the goals module is further operable to provide additional information…” in claim 14
“receiving, by a behavior management module…an input…” in claim 15
“performing, by the behavior management module, a behavior zone transition…” in claim 15
“transmitting, by a goals module…information…” in claim 15
“changing, by the incentive module, an accrual rate…” in claim 18
“updating, by the incentive module, a balance of a virtual currency…” in claim 19
“automatically assigning, by the goals module, difficulty ratings…” in claim 20
** Paragraphs 37-38 provide examples of hardware that provide support for the various modules.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Double Patenting
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 is either anticipated by, or would have been obvious over, the reference claim(s). 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,380,380. Although the claims at issue are not identical, they are not patentably distinct from each other for the reasons presented below.
Claim
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Claim limitations
Instant Application
Claim
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Claim limitations
U.S. Patent 12,380,380
1
A system for management of a user account associated with a user, the system comprising:
=
1, 8
[Claim 1] A system for management of a user account associated with a user, the system comprising:
[Claim 8] A system for managing a user account associated with a user, the system comprising:
1, 3
[Claim 1] a graphical user interface operable to present one or more features of a behavior management module, an incentive module, and a goals module associated with the user account to the user;
[Claim 3] a schedule management module
≈
1, 8
[Claim 1] a graphical user interface operable to present one or more features of a behavior management module, a schedule management module, and an incentive module to the user;
[Claim 8] a graphical user interface operable to present one or more features of a behavior management module, a schedule management module, and an incentive module to the user;
1
the behavior management module operable to perform a behavior zone transition of the user account from a first behavior zone from a plurality of behavior zones to a second behavior zone from the plurality of behavior zones based on internal information,
=
1, 8
[Claim 1] the behavior management module operable to perform a behavior zone transition of the user account from a first behavior zone from a plurality of behavior zones to a second behavior zone from the plurality of behavior zones based on internal information,
[Claim 8] the behavior management module operable to perform a behavior zone transition of the user account from a first behavior zone from a plurality of behavior zones to a second behavior zone from the plurality of behavior zones based on internal information;
1
wherein, in response to the behavior zone transition, the behavior management module restricts access to at least one feature from the one or more features presented by the graphical user interface;
=
1, 8
[Claim 1] wherein, in response to the behavior zone transition, the behavior management module restricts access to at least one feature from the one or more features presented by the graphical user interface;
[Claim 8] wherein, in response to the behavior zone transition, the behavior management module restricts access to at least one feature from the one or more features presented by the graphical user interface;
3
a schedule management module operable to present the user with a plurality of tasks
=
1, 8
[Claim 1] the schedule management module operable to present the user with a plurality of tasks and,
[Claim 8] the schedule management module operable to present the user with a plurality of tasks and,
NOTE: Elimination of an element or its functions is deemed to be obvious in light of prior art teachings of at least the recited element or its functions (see In re Karlson, 136 USPQ 184, 186; 311 F2d 581 (CCPA 1963)), thereby rendering the elimination of any elements recited in the claims of the related patent (that are not recited in the instant claims) obvious.
≈
1, 8
[Claim 1] responsive to an input indicative of a completion of a task by the user, provide a task update to the incentive module;
[Claim 8] responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
1
the incentive module operable to manage one or more incentives associated with the user account;
NOTE: A virtual currency balance is a type of incentive.
≈
1, 8
[Claim 1] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; or the input indicative of the completion of the task by the user;
[Claim 8] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; and a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
1
a beacon device located in an environment occupied by the user, the beacon device operable to provide information indicative of the behavior zone transition for the user, wherein the beacon device comprises:
NOTE: Regarding the comparison to claim 8, displaying a color-coded indication of a current behavior zone of the plurality of behavior zones for the user and to provide an auditory indication of the behavior zone transition from the first behavior zone to the second behavior zone is an example of providing information indicative of the behavior zone transition.
=,
≈
1, 8
[Claim 1] and a beacon device located in an environment occupied by the user, the beacon device operable to provide information indicative of the behavior zone transition for the user, wherein the beacon device comprises:
[Claim 8] a beacon device operable to display a color-coded indication of a current behavior zone of the plurality of behavior zones for the user and to provide an auditory indication of the behavior zone transition from the first behavior zone to the second behavior zone, the beacon device comprising: a camera capturing image data of a behavior of the user in an environment;
1
a camera capturing image data of a behavior of the user in the environment;
=
1, 8
[Claim 1] a camera capturing image data of a behavior of the user in the environment;
[Claim 8] a camera capturing image data of a behavior of the user in an environment;
1
a transmitter transmitting the image data of the behavior to the behavior management module, wherein the internal information comprises the image data; and
=
1, 8
[Claim 1] a transmitter transmitting the image data of the behavior to the behavior management module, wherein the internal information comprises the image data;
[Claim 8] a transmitter transmitting the image data of the behavior to the behavior management module, wherein the internal information further comprises the image data;
1
one or more light sources emitting a first light indicative of the user account being in the first behavior zone and a second light indicative of the user account being in the second behavior zone,
=
1, 8
[Claim 1] one or more light sources emitting a first light indicative of the user account being in the first behavior zone and a second light indicative of the user account being in the second behavior zone,
[Claim 8] one or more light sources emitting a first light indicative of the user account being in the first behavior zone and a second light indicative of the user account being in the second behavior zone;
1
wherein, in response to the behavior management module performing the behavior zone transition, the one or more light sources transition from emitting the first light to emitting the second light; and
=
1, 8
[Claim 1] wherein, in response to the behavior management module performing the behavior zone transition, the one or more light sources transition from emitting the first light to emitting the second light;
[Claim 8] wherein, in response to the behavior management module performing the behavior zone transition, the one or more light sources transition from emitting the first light to emitting the second light;
1
the goals module operable to present one or more metrics to the user and further operable to update an incentive from the one or more incentives managed by the incentive module.
NOTE: A virtual currency balance is a type of incentive. Claims 1, 8, and 9 associate metrics (such as metrics to earn virtual currency) with a task and completion of a task by a user is recognized and/or input. This information is used to update a virtual currency balance. The use of one module vs. another (e.g., a goals module vs. an incentive module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
1, 8, 9
[Claim 1] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; or the input indicative of the completion of the task by the user;
[Claim 8] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; and a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
[Claim 9] wherein the incentive module is further operable to update the virtual currency balance associated with an account of the user based on the completion of the task by the user.
1
NOTE: Elimination of an element or its functions is deemed to be obvious in light of prior art teachings of at least the recited element or its functions (see In re Karlson, 136 USPQ 184, 186; 311 F2d 581 (CCPA 1963)), thereby rendering the elimination of any elements recited in the claims of the related patent (that are not recited in the instant claims) obvious.
≠
1, 8
[Claim 1] and a data store storing the virtual currency balance updating at an accrual rate, wherein, in response to the behavior management module performing the behavior zone transition, the incentive module causes the accrual rate to update from the first predetermined accrual rate to the second predetermined accrual rate.
[Claim 8] a speaker emitting a sound in response to the behavior zone transition occurring; and a data store storing the virtual currency balance updating at an accrual rate, wherein, in response to the behavior management module performing the behavior zone transition, the incentive module causes the accrual rate to update from the first predetermined accrual rate to the second predetermined accrual rate.
2
wherein a metric from the one or more metrics of the goals module relates to an amount of time the user account is associated with the first behavior zone before the behavior management module initiates the behavior zone transition.
NOTE: A virtual currency balance is a type of incentive. Claims 1, 8, and 9 associate metrics (such as metrics to earn virtual currency) with a task and completion of a task by a user is recognized and/or input. This information is used to update a virtual currency balance. The use of one module vs. another (e.g., a goals module vs. an incentive module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
1, 8, 9
[Claim 1] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; or the input indicative of the completion of the task by the user;
[Claim 8] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; and a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
[Claim 9] wherein the incentive module is further operable to update the virtual currency balance associated with an account of the user based on the completion of the task by the user.
3
a schedule management module operable to present the user with a plurality of tasks and, responsive to an input indicative of a completion of a task by the user, provide a task update to at least one of the incentive module or the goals module, wherein the graphical user interface is further operable to present the plurality of tasks to the user.
NOTE: “or the goals module” is recited in the alternative
Also, the use of one module vs. another (e.g., a goals module vs. a schedule management module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
1, 8
[Claim 1] the schedule management module operable to present the user with a plurality of tasks and, responsive to an input indicative of a completion of a task by the user, provide a task update to the incentive module
[Claim 8] the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
4
wherein the schedule management module is further operable to provide a different task update to at least one of the incentive module or the goals module responsive to a failure by the user to complete the task within an associated time limit.
NOTE: The use of one module vs. another (e.g., a goals module vs. a behavior module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
4
wherein the schedule management module is further operable to provide a different task update to the behavior management module responsive to a failure by the user to complete the task within an associated time limit.
5
wherein a metric from the one or more metrics of the goals module relates to the completion of the task by the user.
NOTE: A virtual currency balance is a type of incentive. Claims 1, 8, and 9 associate metrics (such as metrics to earn virtual currency) with a task and completion of a task by a user is recognized and/or input. This information is used to update a virtual currency balance. The use of one module vs. another (e.g., a goals module vs. an incentive module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
1, 8, 9
[Claim 1] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; or the input indicative of the completion of the task by the user;
[Claim 8] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; and a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
[Claim 9] wherein the incentive module is further operable to update the virtual currency balance associated with an account of the user based on the completion of the task by the user.
6
wherein the goals module is operable to update the incentive of the incentive module upon the completion of the task by the user;
wherein the incentive updated by the goals module is associated with the metric relating to the completion of the task by the user.
NOTE: A virtual currency balance is a type of incentive. The use of one module vs. another (e.g., a goals module vs. an incentive module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
9
wherein the incentive module is further operable to update the virtual currency balance associated with an account of the user based on the completion of the task by the user.
7
wherein the incentive module is further operable to update a virtual currency balance associated with the user account based on at least one of:
a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; or
a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate.
=
1, 8
[Claim 1] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate;
[Claim 8] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; and a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate;
8
A system for managing a user account associated with a user, the system comprising:
=
1, 8
[Claim 1] A system for management of a user account associated with a user, the system comprising:
[Claim 8] A system for managing a user account associated with a user, the system comprising:
8, 9
[Claim 8] a graphical user interface operable to present one or more features of a behavior management module, an incentive module, and a goals module to the user;
[Claim 9] a schedule management module
≈
1, 8
[Claim 1] a graphical user interface operable to present one or more features of a behavior management module, a schedule management module, and an incentive module to the user;
[Claim 8] a graphical user interface operable to present one or more features of a behavior management module, a schedule management module, and an incentive module to the user;
8
the behavior management module operable to perform a behavior zone transition of the user account from a first behavior zone from a plurality of behavior zones to a second behavior zone from the plurality of behavior zones based on internal information;
=
1, 8
[Claim 1] the behavior management module operable to perform a behavior zone transition of the user account from a first behavior zone from a plurality of behavior zones to a second behavior zone from the plurality of behavior zones based on internal information,
[Claim 8] the behavior management module operable to perform a behavior zone transition of the user account from a first behavior zone from a plurality of behavior zones to a second behavior zone from the plurality of behavior zones based on internal information;
8
wherein, in response to the behavior zone transition, the behavior management module restricts access to or allows access to at least one feature from the one or more features presented by the graphical user interface;
NOTE: “or allows access to” is recited in the alternative
=
1, 8
[Claim 1] wherein, in response to the behavior zone transition, the behavior management module restricts access to at least one feature from the one or more features presented by the graphical user interface;
[Claim 8] wherein, in response to the behavior zone transition, the behavior management module restricts access to at least one feature from the one or more features presented by the graphical user interface;
8
the incentive module operable to update a virtual currency balance associated with the user account;
NOTE: Elimination of an element or its functions is deemed to be obvious in light of prior art teachings of at least the recited element or its functions (see In re Karlson, 136 USPQ 184, 186; 311 F2d 581 (CCPA 1963)), thereby rendering the elimination of any elements recited in the claims of the related patent (that are not recited in the instant claims) obvious.
≈
1, 8
[Claim 1] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; or the input indicative of the completion of the task by the user;
[Claim 8] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; and a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
8
a beacon device operable to display a color-coded indication of a current behavior zone of the plurality of behavior zones for the user and to provide an auditory indication of the behavior zone transition from the first behavior zone to the second behavior zone, the beacon device comprising:
=
8
a beacon device operable to display a color-coded indication of a current behavior zone of the plurality of behavior zones for the user and to provide an auditory indication of the behavior zone transition from the first behavior zone to the second behavior zone, the beacon device comprising:
8
a camera capturing image data of a behavior of the user in an environment;
=
1, 8
[Claim 1] a camera capturing image data of a behavior of the user in the environment;
[Claim 8] a camera capturing image data of a behavior of the user in an environment;
8
a transmitter transmitting the image data of the behavior to the behavior management module, wherein the internal information further comprises the image data;
=
1, 8
[Claim 1] a transmitter transmitting the image data of the behavior to the behavior management module, wherein the internal information comprises the image data;
[Claim 8] a transmitter transmitting the image data of the behavior to the behavior management module, wherein the internal information further comprises the image data;
8
one or more light sources emitting a first light indicative of the user account being in the first behavior zone and a second light indicative of the user account being in the second behavior zone;
=
1, 8
[Claim 1] one or more light sources emitting a first light indicative of the user account being in the first behavior zone and a second light indicative of the user account being in the second behavior zone,
[Claim 8] one or more light sources emitting a first light indicative of the user account being in the first behavior zone and a second light indicative of the user account being in the second behavior zone;
8
and a speaker emitting a sound in response to the behavior zone transition occurring;
=
8
a speaker emitting a sound in response to the behavior zone transition occurring;
8
and the goals module operable to present one or more metrics to the user and further operable to provide information indicative of an update of the virtual currency balance to the incentive module.
NOTE: A virtual currency balance is a type of incentive. Claims 1, 8, and 9 associate metrics (such as metrics to earn virtual currency) with a task and completion of a task by a user is recognized and/or input. This information is used to update a virtual currency balance. The use of one module vs. another (e.g., a goals module vs. an incentive module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
1, 8, 9
[Claim 1] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; or the input indicative of the completion of the task by the user;
[Claim 8] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; and a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
[Claim 9] wherein the incentive module is further operable to update the virtual currency balance associated with an account of the user based on the completion of the task by the user.
9
wherein the system further comprises:
a schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the goals module and the behavior management module, the internal information further comprising the task update; and
wherein the goals module is operable provide the information indicative of the update of the virtual currency balance to the incentive module based on the task update;
wherein the task update is associated with a metric from the one or more metrics.
NOTE: A virtual currency balance is a type of incentive. Claims 1, 8, and 9 associate metrics (such as metrics to earn virtual currency) with a task and completion of a task by a user is recognized and/or input. This information is used to update a virtual currency balance. The use of one module vs. another (e.g., a goals module vs. an incentive module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
1, 8, 9
[Claim 1] the schedule management module operable to present the user with a plurality of tasks and, responsive to an input indicative of a completion of a task by the user, provide a task update to the incentive module
[Claim 8] the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
Also:
[Claim 1] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; or the input indicative of the completion of the task by the user;
[Claim 8] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; and a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
[Claim 9] wherein the incentive module is further operable to update the virtual currency balance associated with an account of the user based on the completion of the task by the user.
10
wherein the beacon device further comprises: a data store storing the virtual currency balance updating at an accrual rate; wherein, in response to the behavior management module performing the behavior zone transition, the incentive module causes the accrual rate to update from a first predetermined accrual rate to a second predetermined accrual rate.
=
8
the beacon device comprising:…a data store storing the virtual currency balance updating at an accrual rate, wherein, in response to the behavior management module performing the behavior zone transition, the incentive module causes the accrual rate to update from the first predetermined accrual rate to the second predetermined accrual rate.
11
wherein each metric from the one or more metrics is assigned a difficulty rating.
NOTE: The claims in the related patent do not explicitly recite this limitation of the instant application. Kemery et al. (US 2011/0237227) explains that “a more difficult chore may be associated with a larger reward.” (Kemery: ¶ 29) The Examiner submits that it would have been obvious to one of ordinary skill in the art before the effective filing date of Applicant’s invention to modify the claims in the related patent to perform this limitation of the instant application in order to more fairly establish compensation rates based on the difficulty and/or specialized nature of each respective task.
≠
12
wherein the difficulty rating of each metric from the one or more metrics is based on a historic completion percentage of a task associated with each metric.
NOTE: The claims in the related patent do not explicitly recite this limitation of the instant application. Official Notice is taken that it was old and well-known in the art to pay a worker relatively more to perform tasks that require a higher skilled worker (i.e., tasks that less of the population of workers tend to be capable of performing). The Examiner submits that it would have been obvious to one of ordinary skill in the art before the effective filing date of Applicant’s invention to modify the claims in the related patent to perform this limitation of the instant application in order to more fairly establish compensation rates based on the difficulty and/or specialized nature of each respective task.
≠
13
wherein the difficulty rating of each metric from the one or more metrics is based on a second difficulty rating associated with a subtask of a task associated with each metric, wherein the difficulty rating is a first rating.
NOTE: The claims in the related patent do not explicitly recite this limitation of the instant application. Kemery et al. (US 2011/0237227) explains that “a more difficult chore may be associated with a larger reward.” (Kemery: ¶ 29) The Examiner submits that it would have been obvious to one of ordinary skill in the art before the effective filing date of Applicant’s invention to modify the claims in the related patent to perform this limitation of the instant application in order to more fairly establish compensation rates based on the difficulty and/or specialized nature of each respective task.
≠
14
wherein the goals module is further operable to provide additional information indicative of a second update to the incentive module; and wherein the second update is to an accrual rate of the virtual currency balance; wherein the update is a first update.
NOTE: A virtual currency balance is a type of incentive. Claims 1, 8, and 9 associate metrics (such as metrics to earn virtual currency) with a task and completion of a task by a user is recognized and/or input. This information is used to update a virtual currency balance. The use of one module vs. another (e.g., a goals module vs. an incentive module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
1, 8, 9
[Claim 1] the schedule management module operable to present the user with a plurality of tasks and, responsive to an input indicative of a completion of a task by the user, provide a task update to the incentive module
[Claim 8] the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
Also:
[Claim 1] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; or the input indicative of the completion of the task by the user;
[Claim 8] the incentive module operable to update a virtual currency balance associated with the user account based on at least one of: a first amount of time spent in the first behavior zone and a first predetermined accrual rate when the user account is in the first behavior zone; and a second amount of time spent in the second behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; the schedule management module operable to present the user with a plurality of tasks and responsive to a completion of a task by the user, provide a task update to the behavior management module, the internal information comprising the task update;
[Claim 9] wherein the incentive module is further operable to update the virtual currency balance associated with an account of the user based on the completion of the task by the user.
15
A method for behavior management of a user account associated with a user via a beacon device, the method comprising:
=
15
A method for behavior management of a user account associated with a user via a beacon device, the method comprising:
15
capturing, via a camera of the beacon device, image data of a behavior of the user in an environment;
=
15
capturing, via a camera of the beacon device, image data of a behavior of the user in an environment;
15
transmitting, via a transmitter of the beacon device, the image data of the behavior;
=
15
transmitting, via a transmitter of the beacon device, the image data of the behavior;
15
emitting, via one or more light sources of the beacon device, a first light indicative of the user account associated with the user being in a first behavior zone and a second light indicative of the user account being in a second behavior zone;
=
15
emitting, via one or more light sources of the beacon device, a first light indicative of the user account associated with the user being in a first behavior zone and a second light indicative of the user account being in a second behavior zone;
15
NOTE: Elimination of an element or its functions is deemed to be obvious in light of prior art teachings of at least the recited element or its functions (see In re Karlson, 136 USPQ 184, 186; 311 F2d 581 (CCPA 1963)), thereby rendering the elimination of any elements recited in the claims of the related patent (that are not recited in the instant claims) obvious.
≠
15
storing, via a data store of the beacon device, a virtual currency balance updating at an accrual rate, the accrual rate based on a current behavior zone;
15
presenting, via a graphical user interface of the beacon device, one or more features of an application associated with the beacon device and the user account to the user;
=
15
presenting, via a graphical user interface of the beacon device, one or more features of an application associated with the beacon device and the user account to the user;
15
receiving, by a behavior management module associated with the beacon device, an input relating to the behavior of the user from the beacon device, the input comprising the image data;
=
15
receiving, by a behavior management module associated with the beacon device, an input relating to the behavior of the user from the beacon device, the input comprising the image data;
15
performing, by the behavior management module, a behavior zone transition of the user account from the first behavior zone to the second behavior zone based on analysis of the input from the beacon device;
=
15
performing, by the behavior management module, a behavior zone transition of the user account from the first behavior zone to the second behavior zone based on analysis of the input from the beacon device;
15
responsive to the behavior zone transition, transitioning, by the beacon device, a current light being emitted by the one or more light sources of the beacon device from the first light to the second light;
=
and responsive to the behavior zone transition, transitioning, by the beacon device, a current light being emitted by the one or more light sources of the beacon device from the first light to the second light.
15
and responsive to the behavior zone transition, transmitting, by a goals module associated with the beacon device to an incentive module associated with the beacon device, information indicative of an update to an incentive provided by the incentive module, the incentive associated with one or more metrics presented by the goals module to the user.
NOTE: A virtual currency balance is a type of incentive. Claim 15 associates metrics (such as metrics to earn virtual currency) with a task and completion of a task by a user is recognized and/or input. This information is used to update a virtual currency balance. The use of one module vs. another (e.g., a goals module vs. an incentive module) simply presents non-functional labels for modules that performs overlapping incentive-related operations.
≈
15
storing, via a data store of the beacon device, a virtual currency balance updating at an accrual rate, the accrual rate based on a current behavior zone;…
responsive to the behavior zone transition, updating, by the incentive module, a balance of the virtual currency for the user account based on an amount of time in the first behavior zone; receiving, by the beacon device, a zone status update comprising the behavior zone transition; responsive to the behavior zone transition, restricting, by the beacon device, access to at least one feature from the one or more features presented by the graphical user interface;
16
storing, via a data store of the beacon device, a virtual currency balance updating at an accrual rate, the accrual rate based on a current behavior zone.
=
15
storing, via a data store of the beacon device, a virtual currency balance updating at an accrual rate, the accrual rate based on a current behavior zone;
17
storing, via a data store of the beacon device, a virtual currency balance updating at an accrual rate, the accrual rate based on the information indicative of the update of the incentive by the goals module
NOTE: A virtual currency balance is a type of incentive. Claim 15 associates metrics (such as metrics to earn virtual currency) with a task and completion of a task by a user is recognized and/or input. This information is used to update a virtual currency balance. The use of one module vs. another (e.g., a goals module vs. an incentive module) simply presents non-functional labels for modules that performs overlapping incentive-related operations..
≈
15
storing, via a data store of the beacon device, a virtual currency balance updating at an accrual rate, the accrual rate based on a current behavior zone;…
responsive to the behavior zone transition, updating, by the incentive module, a balance of the virtual currency for the user account based on an amount of time in the first behavior zone; receiving, by the beacon device, a zone status update comprising the behavior zone transition; responsive to the behavior zone transition, restricting, by the beacon device, access to at least one feature from the one or more features presented by the graphical user interface;
18
responsive to receiving the information indicative of the update of the incentive, changing, by the incentive module, an accrual rate of a virtual currency for the user account from a first predetermined accrual rate to a second predetermined accrual rate.
NOTE: Elimination of an element or its functions is deemed to be obvious in light of prior art teachings of at least the recited element or its functions (see In re Karlson, 136 USPQ 184, 186; 311 F2d 581 (CCPA 1963)), thereby rendering the elimination of any elements recited in the claims of the related patent (that are not recited in the instant claims) obvious.
≈
15
receiving, by a behavior management module associated with the beacon device, an input relating to the behavior of the user from the beacon device, the input comprising the image data; performing, by the behavior management module, a behavior zone transition of the user account from the first behavior zone to the second behavior zone based on analysis of the input from the beacon device; responsive to the behavior zone transition, changing, by an incentive module associated with the beacon device, the accrual rate of a virtual currency for the user account, the accrual rate being a first predetermined accrual rate when the user account is in the first behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; responsive to the behavior zone transition, updating, by the incentive module, a balance of the virtual currency for the user account based on an amount of time in the first behavior zone;
19
responsive to the behavior zone transition, updating, by the incentive module, a balance of a virtual currency for the user account based on an amount of time in the first behavior zone.
NOTE: Elimination of an element or its functions is deemed to be obvious in light of prior art teachings of at least the recited element or its functions (see In re Karlson, 136 USPQ 184, 186; 311 F2d 581 (CCPA 1963)), thereby rendering the elimination of any elements recited in the claims of the related patent (that are not recited in the instant claims) obvious.
≈
15
receiving, by a behavior management module associated with the beacon device, an input relating to the behavior of the user from the beacon device, the input comprising the image data; performing, by the behavior management module, a behavior zone transition of the user account from the first behavior zone to the second behavior zone based on analysis of the input from the beacon device; responsive to the behavior zone transition, changing, by an incentive module associated with the beacon device, the accrual rate of a virtual currency for the user account, the accrual rate being a first predetermined accrual rate when the user account is in the first behavior zone and a second predetermined accrual rate when the user account is in the second behavior zone, the second predetermined accrual rate being different from the first predetermined accrual rate; responsive to the behavior zone transition, updating, by the incentive module, a balance of the virtual currency for the user account based on an amount of time in the first behavior zone;
20
automatically assigning, by the goals module, difficulty ratings to the one or more metrics presented by the goals module to the user,
wherein the incentive associated with the one or more metrics is based on the difficulty ratings assigned to the one or more metrics.
NOTE: The claims in the related patent do not explicitly recite this limitation of the instant application. Kemery et al. (US 2011/0237227) explains that “a more difficult chore may be associated with a larger reward.” (Kemery: ¶ 29) The Examiner submits that it would have been obvious to one of ordinary skill in the art before the effective filing date of Applicant’s invention to modify the claims in the related patent to perform this limitation of the instant application in order to more fairly establish compensation rates based on the difficulty and/or specialized nature of each respective task.
≠
In regard to any dependent claims of the related patent not explicitly referenced in the table above, it is noted that elimination of an element or its functions is deemed to be obvious in light of prior art teachings of at least the recited element or its functions (see In re Karlson, 136 USPQ 184, 186; 311 F2d 581 (CCPA 1963)), thereby rendering the elimination of any elements recited in the claims of the related patent (that are not recited in the instant claims) obvious.
Allowable Subject Matter
Claims 1-20 are allowed over the prior art of record. The claims remain rejected under a Double Patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter:
Kemery et al. (US 2011/0237227) provides a graphical user interface from which a child may select tasks to perform. Upon validation of completion of a task, appropriate rewards are provided to the child and tracked via a reward tracker. Progress toward a goal may be illustrated using a thermometer representation. See ¶¶ 28-30, 34, 41-42 of Kemery. However, Kemery does not address the claimed details regarding performance of a behavior zone transition of the user account from one behavior zone to another or details about restricting (or allowing, as seen in claim 8) access to at least one feature in response to the behavior zone transition. While Kemery can use a camera to view a completed chore (Kemery: ¶ 28), Kemery does not address the claimed details regarding a beacon that also comprises one or more light sources emitting a first light indicative of a behavior zone of a user account.
Child et al. (US 2017/0245125) tracks a child’s location to provide appropriate reminders to complete a chore at the detected location (Child: ¶ 138); however, Child does not address the claimed details regarding providing incentives for performing certain located-based behaviors or details regarding performance of a behavior zone transition of the user account from one behavior zone to another or details about restricting (or allowing, as seen in claim 8) access to at least one feature in response to the behavior zone transition.
Vanslette et al. (US 2018/0040038) changes the color of an LED depending on a participant’s rate of progress compared to other participants (Vanslette: ¶ 48). Similarly, Murakami et al. (US 2022/0026886) presents workers with a progress bar color-coded to be indicative of their pace toward task completion (Murakami: ¶ 91). Nevertheless, Vanslette and Murakami fail to remedy the deficiencies of Kemery and Child.
Consequently, the Examiner finds that one of ordinary skill in the art prior to Applicant’s invention would not have, in light of the teachings of the aforementioned references, found it obvious to create the claimed invention with the level of detail and specific manner of integration of operations as they are presented in each of the independent claims. Therefore, claims 1-20 are deemed to be allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jorasch et al. (US 2021/0374391) – Provides a checklist of tasks and provides accounts corresponding to various reward types.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUSANNA M DIAZ whose telephone number is (571)272-6733. The examiner can normally be reached M-F, 8 am-4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Epstein can be reached at (571) 270-5389. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUSANNA M. DIAZ/
Primary Examiner
Art Unit 3625A
Prosecution Insights