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`This listing of claims will replace all prior versions, and listings, of claims in the
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`application.
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`Claim 1
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`(previously presented): An exercise monitoring system, comprising:
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`(a)
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`a data acquisition unit comprising an electronic positioning device and
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`a physiological monitor, said data acquisition unit configured to be worn
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`by a subject performing a physical activity; and
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`(b)
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`a display unit configured for displaying real-time data provided by said
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`electronic positioning device and said physiological monitor, said
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`display unit separate from said data acquisition unit;
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`wherein said display unit is configured to be worn by the subject, worn by
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`someone other than the subject, or attached to an apparatus associated with
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`the physical activity being performed by the subject so as to be visible to the
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`subject while performing the physical activity, and
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`further wherein said system is configured such that said display unit displays
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`real-time data comprising at least one of a subject's location, altitude, velocity,
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`pace, and distancetraveled.
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`Claim 2 (original): The exercise monitoring system of claim 1, wherein said
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`electronic positioning device is configured to receive electromagnetic signals from
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`three or more sourcesso that said monitoring system can determine at least one of a
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`subject's location, altitude, velocity, pace, and distancetraveled.
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`Claim 3 (previously presented): The system of claim 1, wherein said electronic
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`positioning device comprises a GPS device.
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`Claim 4 (original): The system of claim 1, wherein said physiological monitor is
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`chosen from the group consisting of: an oximeter and a heart rate monitor.
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`Claim 5 (original): The system of claim 4, wherein said electronic positioning
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`device comprises a GPS device.
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`Claim 6 (canceled)
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`
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`Claim 7 (previously presented): The system of claim 1, wherein said electronic
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`positioning device comprises a GPS device, and further wherein said data
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`acquisition unit further comprises a support member, and said GPS device and said
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`physiological monitor are provided on said support member.
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`Claim 8 (original): The system of claim 7, wherein said GPS device and said
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`physiological monitor are removably secured to said support member.
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`Claim 9 (previously presented): The
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`system of
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`claim 1, wherein said data
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`acquisition unit is configured to be worn about a human user's waist.
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`Claim 10 (previously presented): The
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`system of claim 1, wherein said data
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`acquisition unit is configured to be worn about a human user's chest.
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`Claim 11 (original): The system of claim 1, wherein said display unit is configured to
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`be worn about a human user's wrist.
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`Claim 12 (original): The system of claim 1, wherein said display unit is configured to
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`be mounted to a bicycle.
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`Claim13 (canceled)
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`Claim 14 (original): The system of claim 1, wherein said physiological monitor
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`includes a probe configured for acquiring physiological data from a user.
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`Claim 15 (original): The system of claim 4, wherein said physiological monitor
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`comprises an oximeter.
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`Claim 16 (original): The system of claim 4, wherein said physiological monitor
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`comprises a heart rate monitor.
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`Claim 17 (original): The system of claim 1, wherein said system further comprises
`an alarm which is activated when data provided by at least one of said electronic
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`
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`positioning device and said physiological monitor does not meet a predetermined
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`target.
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`Claim 18 (currently amended): An exercise monitoring system, comprising:
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`(a)
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`an electronic positioning device configured to receive electromagnetic
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`signals from three or more sources so that said monitoring system can
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`determine at least one of a subject’s velocity or pace, wherein said
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`electronic positioning device is provided as part of a data acquisition
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`unit;
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`(b)
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`a physiological monitor;
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`{b)(c). a display unit configured to be worn by a user and for simultaneously
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`displaying real-time data provided by said electronic positioning device
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`and_said physiological monitor, wherein said display unit is separate
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`from said electronic positioning device; and
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`{6)(d) an alarm, wherein said alarm is activated when a subject’s velocity or
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`pace does not meet a predetermined target.
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`Claims 19-59 (canceled)
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`Claim 60 (previously presented): The exercise monitoring system of claim 1,
`wherein said display unit comprises a heads-up type display unit configured to
`display said data by projecting the data onto glasses, goggles or a visor, or by
`projecting the data onto a display screen positioned such that the data will be visible
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`to a user.
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`Claim 61 (canceled)
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`claim 1,
`Claim 62 (previously presented): The exercise monitoring system of
`wherein said system is configured such that the display unit simultaneously displays:
`at least one of a subject’s velocity, pace and distance traveled; and physiological
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`data provided by said physiological monitor.
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`Claim 63 (previously presented): The exercise monitoring system of
`wherein said system further comprises at least one memory, and at
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`claim 1,
`least one
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`
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`processorfor processing acquired data in accordance with instructions stored in said
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`at least one memory.
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`Claim 64 (previously presented): The exercise monitoring system of claim 63,
`wherein said data acquisition unit includes memory, and at least one processorfor
`processing acquired data in accordance with instructions stored in said memory of
`the data acquisition unit, and further wherein said display unit includes memory, and
`at least one processorfor processing acquired data in accordance with instructions
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`stored in said memory of the display unit.
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`Claim 65 (previously presented): The exercise monitoring system of claim 63,
`wherein said at least one memory is configured for storing acquired data for later
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`retrieval.
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`Claim 66 (previously presented): The exercise monitoring system of claim 1,
`wherein said display unit is configured for communication with said data acquisition
`unit via a wired or wireless link, such that data indicative of at least one of a subject's
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`velocity or pace can be transmitted to said display unit.
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`Claim 67 (previously presented): The exercise monitoring system of claim 66,
`wherein said display unit is configured for communication with said data acquisition
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`unit via radio waves.
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`claim 1,
`Claim 68 (previously presented): The exercise monitoring system of
`wherein said system is configured for computing a subject’s workload based on the
`subject's velocity and altitude changes, and displaying the computed workload.
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`Claim 69 (previously presented): The exercise monitoring system of claim 68,
`wherein said system is configured for the input of a subject's weight, and said
`system is configured for computing a subject’s workload based on the subject's
`velocity, altitude changes and inputted weight.
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`
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`Claim 70 (previously presented): The exercise monitoring system of claim 1,
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`wherein said system is configured for electrical communication with an external
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`computer such that acquired data may be stored in the computer.
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`Claim 71 (previously presented): The exercise monitoring system of claim 17,
`wherein said physiological monitor comprises an oximeter, and wherein said system
`is configured such that said alarm is activated when a subject’s blood oxygen level
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`does not meet a predetermined target.
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`Claim 72 (previously presented): The exercise monitoring system of claim 71,
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`wherein said system is configured such that a plurality of predetermined targets for
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`blood oxygen level maybeinput into said system.
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`Claim 73 (previously presented): The exercise monitoring system of claim 1,
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`wherein said physiological monitor comprises an oximeter, and wherein said system
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`is configured for computing and displaying the time variability of a subject’s blood
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`oxygen level.
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`Claim 74 (previously presented): The exercise monitoring system of claim 18,
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`wherein said electronic positioning device comprises a GPS device.
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`Claim 75 (canceled)
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`Claim 76 (previously presented): The exercise monitoring system of claim 74,
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`wherein said data acquisition unit further comprises a support member, and said
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`GPSdevice is removably secured to said support member.
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`Claim 77 (new):
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`The exercise monitoring system of claim 18, wherein said
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`physiological monitor comprises a heart rate monitor configured to be worn about a
`subject's chest and to wirelessly transmit data indicative of a subject's heart rate to
`said display unit.
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`
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`Remarks
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`In the Notice of Allowance, claims 1-5, 7-12, 14-18, 60, 62-74 and 76 were
`allowed.
`In the amendments presented above, independent Claim 18 has been
`amended to specify that
`the exercise monitoring system further
`includes a
`physiological monitor, and that the display system simultaneously displays data
`provided by the electronic positioning device and the physiological monitor. Support
`for the addition of a physiological monitor can be found throughout the specification
`as originally filed (e.g., claim 1 as originally filed). Support for the amendment
`concerning the simultaneous display of data from the electronic positioning device
`and the physiological monitor can be found, for example, at page 40, lines 7-16, at
`page 24, lines 1-8, and at Fig. 19 of the specification as originallyfiled.
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`Newly added claim 77 depends from claim 18, and further specifies that the
`physiological monitor comprises a heart rate monitor configured to be worn about a
`subject's chest and to wirelessly transmit data indicative of a subject's heart rate to
`the display unit. Support for this new claim can be found, for example, at Fig. 15,
`and at page 28, line 22, through page 29, line 20, of the specification as originally
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`filed.
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`The above claim amendments are presented in order to further distinguish
`these claims from the prior art and to facilitate enforcement of the same. Applicants
`recently learned that a third party has introduced a product believed to infringe one
`or more of the previously-allowed claims. The proposed amendments do not require
`an additional search or examination, since previously-allowed claim 18 is merely
`being narrowed in scope and newly-added claim 77 depends from previously-
`allowed claim 18 (and is therefore narrowerthan previously-allowed claim 18).
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`For the reasons stated above, applicants request that the Examiner enter the
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`amendments presented herein.
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`
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`Respectfully submitted,
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`
`
`Attorney for Appli¢ant(s)
`DINSMORE & SHOHL LLP
`1900 Chemed Center
`255 East Fifth Street
`Cincinnati, Ohio 45202
`(513) 977-8565
`
`941993.01
`
`