DETAILED ACTION
1. This Office Action is responsive to claims filed for App. 19/531,585 on September 3, 2026. Claims 1-24 are pending.
America Invents Act
2. The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on May 13, 2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
5. Claims 1-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaleal, III
( US 2016/0086500 A1 ).
Kaleal teaches in Claim 1:
A method, comprising:
at a computer system that is in communication with one or more input devices and one or more output devices ( Figures 1 and 2, [0047] disclose a system architecture 100 which can be employed in association with avatar guidance system 200. An akin environment 2000, as shown in Figure 20, [0313] expands on the input and output devices the architecture can incorporate ):
detecting, via the one or more input devices, an activity of a subject ( [0130] discloses an analysis component 212 that a can determine a response for manifestation by an avatar that guides or motivates the user to perform an action to correct or improve their state. [0131]+ disclose various examples of verbal and/or visual responses which the reaction component 214 can perform. Several examples ranging from diet, to alcohol recovery, etc are provided, i.e. examples of activities of the user ); and
in response to detecting the activity of the subject: in accordance with a determination that the activity satisfies a set of one or more criteria ( [0138] discloses an example of a user on a diet and has taken a walk to a vending machine, potentially to deviate from the diet ):
outputting, via the one or more output devices, an indication to interrupt the activity ( [0138] discloses an example of the avatar speaking to the user to encourage the user not to select the candy bar and instead suggesting a banana (read speaking as using an output device, such as a speaker) to interrupt the user ); and
providing an indication that attention is directed toward the activity, wherein providing the indication that the attention is directed toward the activity is separate from outputting the indication to interrupt the activity ( [0138] discloses part of the response can be to playing a video of the user’s past fitness dedication, which is separate from the speaking interrupt ); and
in accordance with a determination that the activity does not satisfy the set of one or more criteria, forgoing output of, via the one or more output devices, the indication to interrupt the activity. ( [0138] discloses that if the user on the diet is, for example, not going to the vending machine, i.e. not satisfying the criteria for potentially breaking the diet, then no speaking or video is shown )
Kaleal teaches in Claim 2:
The method of claim 1, wherein the set of one or more criteria includes a criterion that is satisfied when the activity of the subject is dangerous to the subject. ( [0138] discloses breaking the diet, i.e. a reasonable interpretation of dangerous. Another example, such as [0136] discloses interrupting the user if the user’s alcohol level is too high, i.e. another example of danger )
Kaleal teaches in Claim 3:
The method of claim 1, wherein the activity of the subject is a first activity of the subject, wherein the set of one or more criteria includes a criterion that is satisfied when the first activity of the subject corresponds to a second activity of the subject that had a particular result, and wherein the second activity of the subject is separate from the first activity of the subject. ( [0073] expands on additional aspects of the diet/fitness program and can monitor exercise as well as diet and in general, can function as a health guide for improving overall health. Please note the focus on fitness, medication, etc, which are reasonable interpretations of second activity that have particular results/goals and are extensions (separate) from strictly diet aspects )
Kaleal teaches in Claim 4:
The method of claim 1, wherein the set of one or more criteria includes a criterion that is satisfied when a determination is made that the computer system previously detected, via the one or more input devices, an input corresponding to a request for the activity of the subject to be monitored. ( [0113]-[0114] discloses the user can select activities which can be monitored, such as the diet program, fitness routine, etc )
Kaleal teaches in Claim 5:
The method of claim 1, wherein the set of one or more criteria includes a criterion that is satisfied when a determination is made that the computer system previously detected, via the one or more input devices, one or more characteristics of the subject, and wherein the one or more characteristics correspond to the activity of the subject. ( [0039]-[0040] disclose physical and physiological data of the user can considered when tailoring or customizing the routines )
Kaleal teaches in Claim 6:
The method of claim 1, wherein the activity of the subject is a first activity of the subject, the method further comprising:
after forgoing output of the indication to interrupt the activity, detecting, via the one or more input devices, a second activity of the subject separate from the first activity of the subject; and in response to detecting the second activity of the subject, outputting, via the one or more output devices, the indication to interrupt the activity. ( To clarify, [0073] expands on additional aspects of the diet/fitness program and can monitor exercise as well as diet and in general, can function as a health guide for improving overall health. Please note the focus on fitness, medication, etc, which are reasonable interpretations of second activity that have particular results/goals and are extensions (separate) from strictly diet aspects. To clarify, additional aspects, not just diet, but fitness for example, can also be monitored )
Kaleal teaches in Claim 7:
The method of claim 6, wherein the second activity of the subject is different from the first activity of the subject. ( [0073] disclose aspects such as diet, health program, stress reduction program, fitness program. While these are part of the same category, they can be interpreted as being different or the same, respectfully )
Kaleal teaches in Claim 8:
The method of claim 6, wherein the second activity of the subject is the same as the first activity of the subject. ( [0073] disclose aspects such as diet, health program, stress reduction program, fitness program. While these are part of the same category, they can be interpreted as being different or the same, respectfully )
Kaleal teaches in Claim 9:
The method of claim 1, wherein the computer system is in communication with one or more display components, the method further comprising:
while detecting the activity of the subject, displaying, via the one or more display components, a representation of a software agent in a first manner ( [0027] discloses a virtual avatar presented to the user );
wherein providing the indication that the attention is directed toward the activity includes displaying, via the one or more display components, the representation of the software agent in a second manner different from the first manner. ( [0138] discloses, for example, playing a video of the user’s past fitness efforts, i.e. a second representation different from a first/initial state of the avatar. [0027] discloses changes based on image data about a user as well, i.e. as activities are monitored )
Kaleal teaches in Claim 10:
The method of claim 9, displaying the representation of the software agent in the second manner includes displaying the representation of the software agent including eyes directed toward the subject. ( [0027], [0033], [0142] disclose the avatar can make adjustments such as that visual and/or behavior reactions can be exhibited. Respectfully, the avatar interacts with the user, i.e. eyes/attention directed towards the user )
Kaleal teaches in Claim 11:
The method of claim 10, wherein the second manner includes a representation of the software agent speaking. ( [0043] discloses audible responses as a way to interact with the user, particularly when correcting for user activities. Respectfully, the example of playing a video is only one such example and other reactions/manners can and are expressly taught )
Kaleal teaches in Claim 12:
The method of claim 1, wherein the indication to interrupt the activity includes audio output. ( [0138] discloses an example of the avatar speaking to the user to encourage the user not to select the candy bar and instead suggesting a banana (read speaking as using an output device, such as a speaker) to interrupt the user )
Kaleal teaches in Claim 13:
The method of claim 1, wherein the computer system is in communication with one or more movement components, and wherein providing the indication that the attention is directed toward the activity includes moving, via the one or more movement components, a portion of the computer system in a third manner. ( [0043], [0049] discloses movement sensors and in general, various types of sensors (all part of the interpreted computer system) which can move with the user and provide data markers to the system to update it. This type of sensor and output is different from the audible alert or the video playback, i.e. a third manner )
Kaleal teaches in Claim 14:
The method of claim 1, wherein the computer system is in communication with one or more display components, and wherein outputting the indication to interrupt the activity includes displaying, via the one or more display components, visual output. ( [0043] discloses a display so as to show the avatar to the user, i.e. visual output )
Kaleal teaches in Claim 15:
The method of claim 1, wherein the indication to interrupt the activity includes an identification of the activity. ( To clarify, if the user is approaching a vending machine, the audible speaking and/or video shown are related to the diet aspects, i.e. an identification )
Kaleal teaches in Claim 16:
The method of claim 1, wherein the indication to interrupt the activity includes an identification of the subject. ( [0117] discloses metrics identifying the user and in general, it is clear the avatar is monitoring a particular user, i.e. being able to identify )
Kaleal teaches in Claim 17:
The method of claim 1, wherein the indication to interrupt the activity includes an identification of a previous interaction with the computer system. ( [0138] discloses details on the user’s past fitness dedication, i.e. a pervious interaction. Furthermore, [0140] discloses a user’s behavior history in order to determine deviations )
Kaleal teaches in Claim 18:
The method of claim 1, wherein the indication to interrupt the activity includes an identification of a previous result of previously performing the activity. ( [0138] discloses details on the user’s past fitness dedication, i.e. a pervious interaction. Furthermore, [0140] discloses a user’s behavior history in order to determine deviations )
Kaleal teaches in Claim 19:
The method of claim 1, wherein the computer system is in communication with one or more display components, further comprising:
while detecting the activity of the subject, displaying, via the one or more display components, an indication of the activity. ( [0043] discloses a display so as to show the avatar to the user, i.e. visual output. While determining/monitoring the activity, the avatar can present themselves next to the user, etc as they are performing the activity )
Kaleal teaches in Claim 20:
The method of claim 1, wherein the computer system is in communication with one or more movement components, the method further comprising:
while detecting the activity of the subject, detecting, via the one or more input devices, the subject move from a first position to a second position different from the first position; and in response to detecting the subject move from the first position to the second position and while detecting the activity of the subject, moving, via the one or more movement components, a portion of the computer system from a third position to a fourth position different from the third position. ( [0048] discloses sensors on the user which can track movement and can transmit to the client device, i.e. various positions. These can track the user and avatar platform can adjust accordingly, such as detecting the user has moved towards the vending machine and suggesting the cafeteria instead, all examples of multiple locations. Please note the movement of the sensors, i.e. part of the interpreted computer system )
Kaleal teaches in Claim 21:
The method of claim 1, wherein the computer system is in communication with one or more movement components, the method further comprising:
in conjunction with outputting the indication to interrupt the activity, moving, via the one or more movement components, a portion of the computer system so that the portion of the computer system faces the subject. ( [0048] discloses sensors on the user which can track movement and can transmit to the client device, i.e. various positions. These can track the user and avatar platform can adjust accordingly, such as detecting the user has moved towards the vending machine and suggesting the cafeteria instead, all examples of multiple locations. Please note the movement of the sensors, i.e. part of the interpreted computer system. As for facing the user, it is clear the avatar is meant to interact with the user, ie.. facing the user )
Kaleal teaches in Claim 22:
The method of claim 1, wherein the activity is a first activity, the method further comprising:
after forgoing output of the indication to interrupt the activity, detecting, via the one or more input devices, a second activity of the subject, wherein the second activity of the subject is different from the first activity of the subject ( To clarify, [0073] expands on additional aspects of the diet/fitness program and can monitor exercise as well as diet and in general, can function as a health guide for improving overall health. Please note the focus on fitness, medication, etc, which are reasonable interpretations of second activity that have particular results/goals and are extensions (separate) from strictly diet aspects. To clarify, additional aspects, not just diet, but fitness for example, can also be monitored ); and
in response to detecting the second activity of the subject:
in accordance with a determination that the second activity corresponds to a third activity that satisfies the set of one or more criteria, outputting, via the one or more output devices, an indication to interrupt the third activity, wherein the third activity is separate from the second activity; and in accordance with a determination that the second activity does not satisfy the set of one or more criteria and that the second activity does not correspond to an activity that satisfies the set of one or more criteria, forgoing output of, via the one or more output devices, the indication to interrupt the third activity. ( To clarify, the second related to the first activity is the same or similar concept of the third related to the second activity and the same reasoning is applicable here as well. To clarify, several aspects of the user are being monitored, such as detailed in [0131]+, whether it is diet, exercise, alcohol, etc and they all have trigger points to interrupt the user )
Kaleal teaches in Claim 23:
A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of a computer system that is in communication with one or more input devices and one or more output devices, the one or more programs including instructions ( [0327] disclose a non-transitory storage media with memory and processor aspects ) for ( Figures 1 and 2, [0047] disclose a system architecture 100 which can be employed in association with avatar guidance system 200. An akin environment 2000, as shown in Figure 20, [0313] expands on the input and output devices the architecture can incorporate ):
detecting, via the one or more input devices, an activity of a subject ( [0130] discloses an analysis component 212 that a can determine a response for manifestation by an avatar that guides or motivates the user to perform an action to correct or improve their state. [0131]+ disclose various examples of verbal and/or visual responses which the reaction component 214 can perform. Several examples ranging from diet, to alcohol recovery, etc are provided, i.e. examples of activities of the user ); and
in response to detecting the activity of the subject: in accordance with a determination that the activity satisfies a set of one or more criteria ( [0138] discloses an example of a user on a diet and has taken a walk to a vending machine, potentially to deviate from the diet );
outputting, via the one or more output devices, an indication to interrupt the activity ( [0138] discloses an example of the avatar speaking to the user to encourage the user not to select the candy bar and instead suggesting a banana (read speaking as using an output device, such as a speaker) to interrupt the user ); and
providing an indication that attention is directed toward the activity, wherein providing the indication that the attention is directed toward the activity is separate from outputting the indication to interrupt the activity ( [0138] discloses part of the response can be to playing a video of the user’s past fitness dedication, which is separate from the speaking interrupt ); and
in accordance with a determination that the activity does not satisfy the set of one or more criteria, forgoing output of, via the one or more output devices, the indication to interrupt the activity. ( [0138] discloses that if the user on the diet is, for example, not going to the vending machine, i.e. not satisfying the criteria for potentially breaking the diet, then no speaking or video is shown )
Kaleal teaches in Claim 24:
A computer system configured to communicate with one or more input devices and one or more output devices ( Figures 1 and 2, [0047] disclose a system architecture 100 which can be employed in association with avatar guidance system 200. An akin environment 2000, as shown in Figure 20, [0313] expands on the input and output devices the architecture can incorporate ), the computer system comprising:
one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions ( [0327] disclose a non-transitory storage media with memory and processor aspects ) for:
detecting, via the one or more input devices, an activity of a subject ( [0130] discloses an analysis component 212 that a can determine a response for manifestation by an avatar that guides or motivates the user to perform an action to correct or improve their state. [0131]+ disclose various examples of verbal and/or visual responses which the reaction component 214 can perform. Several examples ranging from diet, to alcohol recovery, etc are provided, i.e. examples of activities of the user ); and
in response to detecting the activity of the subject: in accordance with a determination that the activity satisfies a set of one or more criteria ( [0138] discloses an example of a user on a diet and has taken a walk to a vending machine, potentially to deviate from the diet ):
outputting, via the one or more output devices, an indication to interrupt the activity ( [0138] discloses an example of the avatar speaking to the user to encourage the user not to select the candy bar and instead suggesting a banana (read speaking as using an output device, such as a speaker) to interrupt the user ); and
providing an indication that attention is directed toward the activity, wherein providing the indication that the attention is directed toward the activity is separate from outputting the indication to interrupt the activity ( [0138] discloses part of the response can be to playing a video of the user’s past fitness dedication, which is separate from the speaking interrupt ); and
in accordance with a determination that the activity does not satisfy the set of one or more criteria, forgoing output of, via the one or more output devices, the indication to interrupt the activity. ( [0138] discloses that if the user on the diet is, for example, not going to the vending machine, i.e. not satisfying the criteria for potentially breaking the diet, then no speaking or video is shown )
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS P JOSEPH whose telephone number is (571)270-1459. The examiner can normally be reached Monday - Friday 5:30 - 3:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached at 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DENNIS P JOSEPH/Primary Examiner, Art Unit 2621
