DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. 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).
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3. Claims 1-15 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,499,637 B2.
19/419,397 (Instant application),
Claims # 1-15
U.S. Patent No. 12,499,637 B2,
Claims # 1-15
1. A fitness system, comprising: a wireless interface configured to receive sensor data from a fitness tracker associated with a user; a motion data generator that processes the sensor data to generate motion data, wherein the motion data indicates a pace of the user during a fitness activity utilizing an article of fitness equipment; a fitness partner generator that generates display data associated with a virtual fitness partner for display on a display screen, wherein the display data is based on: appearance data corresponding to an appearance of the virtual fitness partner, wherein the appearance data is determined based on fitness partner profile data; perspective data calculated based on a virtual position vector, wherein the virtual position vector is determined based on the motion data, and wherein the virtual position vector indicates relative position of the virtual fitness partner relative to the user; and event trigger monitoring data based on the motion data, wherein the event trigger monitoring data indicates one of a plurality of fitness partner actions in response to the fitness partner generator determining that a corresponding one of a plurality of event trigger conditions has been met; wherein the display screen is configured to display the virtual fitness partner within a display region and in accordance with the display data to virtually superimpose the virtual fitness partner within images viewed by the user to simulate performance of the fitness activity by the virtual fitness partner along a virtual transit of the user, and wherein the virtual fitness partner is depicted to perform the one of the plurality of fitness partner actions in accordance with the event trigger monitoring data.
2. The fitness system of claim 1, wherein the article of fitness equipment includes a tread mill.
3. The fitness system of claim 1, wherein the article of fitness equipment includes an exercise bicycle.
4. The fitness system of claim 1, wherein the one of the plurality of event trigger conditions includes determining that a magnitude of a scalar projection of the virtual position vector onto a vector corresponding to the motion data exceeds a lag threshold.
5. The fitness system of claim 4, wherein the lag threshold is indicated in the fitness partner profile data.
6. The fitness system of claim 5, wherein the corresponding one of the plurality of fitness partner actions includes changing a magnitude of the partner pace from a first pace to a second pace that is slower than the first pace.
7. The fitness system of claim 1, wherein the one of the plurality of event trigger conditions includes determining that a magnitude of a scalar projection of the virtual position vector onto a vector that is orthogonal to the motion data exceeds a gap threshold, and wherein the corresponding one of the plurality of fitness partner actions includes setting a first updated direction to generate a first updated partner velocity vector, wherein the magnitude of a first cross product of the first updated partner velocity vector and the motion data is nonzero.
8. The fitness system of claim 7, wherein a second one of the plurality of event trigger conditions includes determining that the magnitude of the scalar projection of the virtual position vector onto the vector that is orthogonal to the motion data no longer exceeds the gap threshold, and wherein a second one of the plurality of fitness partner actions corresponding to the second one of the plurality of event trigger conditions includes setting a second updated direction to generate a second updated partner velocity vector, wherein the magnitude of a second cross product of the second updated partner velocity vector and the motion data is less than the magnitude of the first cross product.
9. The fitness system of claim 1, wherein the one of the plurality of event trigger conditions includes detecting a change in motion data from a first direction to a second direction, and wherein the corresponding one of the plurality of fitness partner actions includes setting an updated direction of the virtual fitness partner in accordance with the change in motion data.
10. The fitness system of claim 1, wherein the one of the plurality of event trigger conditions includes determining that a derivative of the pace exceeds a pace derivative threshold.
11. The fitness system of claim 1, wherein the fitness partner profile data includes a plurality of partner velocity vectors and a corresponding plurality of interval times, and wherein the virtual transit of the virtual fitness partner is displayed in accordance with the plurality of partner velocity vectors and a corresponding plurality of interval times.
12. The fitness system of claim 11, wherein the plurality of partner velocity vectors and the corresponding plurality of interval times are generated based on a plurality of previous motion datas and a corresponding plurality of previous timestamps generated by the motion data generator in a previous performance of the fitness activity.
13. The fitness system of claim 1, wherein the fitness partner profile data is generated based on fitness activity history data associated with the user.
14. The fitness system of claim 1, wherein the fitness partner profile data is generated based on selecting one of a plurality of past performances of the fitness activity by the user.
15. The fitness system of claim 1, wherein the fitness partner profile data includes second user appearance data, and wherein the virtual fitness partner is displayed to resemble a second user based on the second user appearance data.
1. A fitness system, comprising: a wireless interface configured to receive sensor data from a fitness tracker associated with a user; a motion data generator that processes the sensor data to generate motion data, wherein the motion data indicates a pace of the user during a fitness activity utilizing an article of fitness equipment; a fitness partner generator that generates display data associated with a virtual fitness partner for display on a display screen, wherein the display data is based on: appearance data corresponding to an appearance of the virtual fitness partner, wherein the appearance data is determined based on fitness partner profile data; perspective data calculated based on a virtual position vector, wherein the virtual position vector is determined based on calculating relative velocity data based on the motion data and a partner pace, and wherein the virtual position vector indicates a distance and a direction of a virtual position of the virtual fitness partner relative to a position of the user; and event trigger monitoring data based on the motion data, wherein the event trigger monitoring data indicates one of a plurality of fitness partner actions in response to the fitness partner generator determining that a corresponding one of a plurality of event trigger conditions has been met; wherein the display screen is configured to display the virtual fitness partner within a display region and in accordance with the display data to virtually superimpose the virtual fitness partner within images viewed by the user to simulate performance of the fitness activity by the virtual fitness partner along a virtual transit of the user, and wherein the virtual fitness partner is depicted to perform the one of the plurality of fitness partner actions in accordance with the event trigger monitoring data.
2. The fitness system of claim 1, wherein the article of fitness equipment includes a tread mill.
3. The fitness system of claim 1, wherein the article of fitness equipment includes an exercise bicycle.
4. The fitness system of claim 1, wherein the one of the plurality of event trigger conditions includes determining that a magnitude of a scalar projection of the virtual position vector onto a vector corresponding to the motion data exceeds a lag threshold.
5. The fitness system of claim 4, wherein the lag threshold is indicated in the fitness partner profile data.
6. The fitness system of claim 5, wherein the corresponding one of the plurality of fitness partner actions includes changing a magnitude of the partner pace from a first pace to a second pace that is slower than the first pace.
7. The fitness system of claim 1, wherein the one of the plurality of event trigger conditions includes determining that a magnitude of a scalar projection of the virtual position vector onto a vector that is orthogonal to the motion data exceeds a gap threshold, and wherein the corresponding one of the plurality of fitness partner actions includes setting a first updated direction to generate a first updated partner velocity vector, wherein the magnitude of a first cross product of the first updated partner velocity vector and the motion data is nonzero.
8. The fitness system of claim 7, wherein a second one of the plurality of event trigger conditions includes determining that the magnitude of the scalar projection of the virtual position vector onto the vector that is orthogonal to the motion data no longer exceeds the gap threshold, and wherein a second one of the plurality of fitness partner actions corresponding to the second one of the plurality of event trigger conditions includes setting a second updated direction to generate a second updated partner velocity vector, wherein the magnitude of a second cross product of the second updated partner velocity vector and the motion data is less than the magnitude of the first cross product.
9. The fitness system of claim 1, wherein the one of the plurality of event trigger conditions includes detecting a change in motion data from a first direction to a second direction, and wherein the corresponding one of the plurality of fitness partner actions includes setting an updated direction of the virtual fitness partner in accordance with the change in motion data.
10. The fitness system of claim 1, wherein the one of the plurality of event trigger conditions includes determining that a derivative of the pace exceeds a pace derivative threshold.
11. The fitness system of claim 1, wherein the fitness partner profile data includes a plurality of partner velocity vectors and a corresponding plurality of interval times, and wherein the virtual transit of the virtual fitness partner is displayed in accordance with the plurality of partner velocity vectors and a corresponding plurality of interval times.
12. The fitness system of claim 11, wherein the plurality of partner velocity vectors and the corresponding plurality of interval times are generated based on a plurality of previous notion datas and a corresponding plurality of previous timestamps generated by the motion data generator in a previous performance of the fitness activity.
13. The fitness system of claim 1, wherein the fitness partner profile data is generated based on fitness activity history data associated with the user.
14. The fitness system of claim 1, wherein the fitness partner profile data is generated based on selecting one of a plurality of past performances of the fitness activity by the user.
15. The fitness system of claim 1, wherein the fitness partner profile data includes second user appearance data, and wherein the virtual fitness partner is displayed to resemble a second user based on the second user appearance data.
Although the conflicting claims are not identical, they are not patentably distinct from each other because limitations in claim 1-15 of the instant application read on claims 1-15 of U.S. Patent No. 12,499,637. The claimed limitations recited in the present application are transparently found in U.S. Patent No. 12,499,637 with obvious wording variations.
4. Claims 16-20 rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 16-20 of U.S. Patent No. 12,499,637 B2 in view of Kaleal, III (US 2017/0206795 A1, hereinafter referred as “Kaleal”).
19/419,397 (Instant application),
Claims # 16-20
U.S. Patent No. 12,499,637 B2,
Claims # 16-20
16. A method for execution by a fitness system that includes a memory, and at least one processor, wherein the method is executed in conjunction with instructions stored by the memory that, when executed by the at least one processor, cause the fitness system to: generate motion data, wherein the motion data indicates a pace of a user during a fitness activity utilizing an article of fitness equipment; generate display data associated with a virtual fitness partner for display on a display screen, wherein the display data is based on: appearance data corresponding to an appearance of the virtual fitness partner, wherein the appearance data is determined based on fitness partner profile data; perspective data calculated based on a virtual position vector, wherein the virtual position vector is determined based on the motion data, and wherein the virtual position vector indicates relative position of the virtual fitness partner relative to the user; and event trigger monitoring data based on the motion data, wherein the event trigger monitoring data indicates one of a plurality of fitness partner actions in response to determining that a corresponding one of a plurality of event trigger conditions has been met; display the virtual fitness partner within a display region of the display screen and in accordance with the display data to virtually superimpose the virtual fitness partner within images viewed by the user to simulate performance of the fitness activity by the virtual fitness partner along a virtual transit of the user, and wherein the virtual fitness partner is depicted to perform the one of the plurality of fitness partner actions in accordance with the event trigger monitoring data.
17. The method of claim 16, wherein the fitness partner profile data is generated based on fitness activity history data associated with the user.
18. The method of claim 16, wherein the fitness partner profile data is generated based on selecting one of a plurality of past performances of the fitness activity by the user.
19. The method of claim 16, wherein the fitness partner profile data includes second user appearance data, and wherein the virtual fitness partner is displayed to resemble a second user based on the second user appearance data.
20. The method of claim 16, wherein the one of the plurality of event trigger conditions includes determining that a magnitude of a scalar projection of the virtual position vector onto a vector corresponding to the motion data exceeds a lag threshold.
16. A method for execution by a fitness system that includes a memory, and at least one processor, wherein the method is executed in conjunction with instructions stored by the memory that, when executed by the at least one processor, cause the fitness system to: generate motion data corresponding to motion of a user of fitness equipment during performance of a fitness activity, wherein the motion data indicates a pace and where in the motion data is generated utilizing a fitness tracker associated with the user; generate relative velocity data based on the motion data and a partner velocity vector, wherein the partner velocity vector is determined based on fitness partner profile data stored in the memory; determine a virtual position vector based on the relative velocity data that indicates a distance and a direction of a virtual position of a virtual fitness partner relative to the user; generate perspective data calculated based on the virtual position vector; generate event trigger monitoring data based on the motion data, wherein the event trigger monitoring data indicates one of a plurality of fitness partner actions in response to determining that a corresponding one of a plurality of event trigger conditions has been met; generate display data based on the perspective data, the event trigger monitoring data, and appearance data corresponding to the virtual fitness partner; and display the virtual fitness partner within a display region of a display device and in accordance with the display data to virtually superimpose the virtual fitness partner upon images viewed by the user to simulate performance of the fitness activity by the virtual fitness partner along a virtual transit of the user, and wherein the virtual fitness partner is depicted to perform the one of the plurality of fitness partner actions in accordance with the event trigger monitoring data.
17. The method of claim 16, wherein the fitness partner profile data is generated based on fitness activity history data associated with the user.
18. The method of claim 16, wherein the fitness partner profile data is generated based on selecting one of a plurality of past performances of the fitness activity by the user.
19. The method of claim 16, wherein the fitness partner profile data includes second user appearance data, and wherein the virtual fitness partner is displayed to resemble a second user based on the second user appearance data.
20. The method of claim 16, wherein the one of the plurality of event trigger conditions includes determining that a magnitude of a scalar projection of the virtual position vector onto a vector corresponding to the motion data exceeds a lag threshold.
Although the conflicting claims are not identical, they are not patentably distinct from each other because limitations in claim 16-20 of the instant application read on claims 16-20 of U.S. Patent No. 12,499,637 B2. The claimed limitations recited in the present application are transparently found in the U.S. Patent No. 12,499,637 B2 with obvious wording variations.
However, U.S. Patent No. 12,499,637 B2 does not disclose appearance data determined based on fitness partner profile data. However, the examiner maintains that it was well known in the art to provide appearance data determined based on fitness partner profile data, as taught by Kaleal. Kaleal at ¶0188 discloses avatar customization component 410 can select the avatar's appearance, demographics, voice and personality based on one or more of: the fitness routine or activity selected for performance, profile information for the user regarding the user's preferences, the user's demographics, and the user's performance history with respect to monitored fitness routines or activities.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify U.S. Patent No. 12,499,637 B2 by specifically providing provide appearance data determined based on fitness partner profile data, as taught by Kaleal, for the purpose of providing an avatar appearance better suited for the user’s performance of a fitness activity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRIYANK J SHAH whose telephone number is (571)270-3732. The examiner can normally be reached on 10:00 - 6:00 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ghebretinsae, Temesghen can be reached on (571) 272-3017. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PRIYANK J SHAH/Primary Examiner, Art Unit 2626
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