Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 1 of 19
`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 1 of 19
`
`EXHIBIT 2
`EXHIBIT 2
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 2 of 19
`
`fbi) Si Ai DLARTiENi k (."4 . (IE
`
`United Swes 1'uteut and '1 rid c na
`
`January 06, 2020
`
`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF:
`
`APPLICATION NUMBER: 12/211,033
`FILING DATE: September 15, 2008
`PATENT NUMBER: 8277377
`ISSUE DATE: October 02, 2012
`
`Under Sccrefary of Commerce
`for int kc :I Property
`and I)raor of the U ed
`Pa ni ad Ilatfendh ofl-we
`
`PNA-FB0001 473
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 3 of 19
`
`Application No.: 12/211,033
`
`Docket No.: 00125/002005 (205 1/14C4)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of:
`Roger J. Quy
`
`Application No.: 12/211,033
`
`Filed: September 15, 2008
`
`For: METHOD AND APPARATUS FOR
`MONITORING EXERCISE WITH WIRELESS
`INTERNET CONNECTIVITY
`
`Examiner: Shirley Xueying Jian
`
`Confirmation No.: 7693
`
`Art Unit: 3769
`
`Via EFS Web
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir/Madam:
`
`Certificate of Electronic Transmission
`Under 37 C.F.R. 1.8
`
`I hereby certify that this correspondence and any document referenced
`herein are being electronically filed with the USPTO via EFS-Web on May
`18, 2012.
`
`Michelle Wolf
`(Printed Name of Person Sending Correspondence)
`
`/Michelle Wolf/
`(Signature)
`
`AMENDMENT AND RESPONSE
`
`This filing accompanies a Request For Continued Examination filed herewith.
`
`Any fees deemed to be due or credit for any overpayment for this application should be
`
`directed to Deposit Account Number 50-1047 and authorization is hereby given to charge such
`
`account.
`
`Please enter the following amendments and remarks.
`
`Amendments to the Claims are reflected in the listing of claims which begins on page 2.
`
`Remarks/Arguments begin on page 6.
`
`1
`
`PNA-FB0001 933
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 4 of 19
`
`Application No.: 12/211,033
`
`Docket No.: 00 125/002005 (2051/14C4)
`
`In the claims:
`
`1.
`
`(Currently Amended) A method for interactive exercise monitoring, the method comprising
`
`the steps of:
`
`a.
`
`downloading an application to a web-enabled wireless phone directly from a remote server
`
`over the intemet
`
`b.
`
`coupling Lhea web-enabled wireless phone to a device which provides exercise-related
`
`information;
`
`C.
`
`d.
`
`C.
`
`rendering a user interface on the web-enabled wireless phone;
`
`using the application, receiving data indicating a physiologic status of a subject;
`
`using the application, receiving data indicating an amount of exercise performed by the
`
`subject;
`
`f.
`
`wherein at least one of the data indicating a physiologic status of a subject or the data
`
`indicating an amount of exercise performed by the subject is received from the device which
`
`provides exercise-related information, and wherein the data indicating a physiologic status of a
`
`subject is received at least partially while the subject is exercising;
`
`g.
`
`h.
`
`sending the exercise-related information to an internet server via a wireless network;
`
`receiving a calculated response from the server, the response associated with a calculation
`
`performed by the server based on the exercise-related information; and
`
`i.
`
`using the application, running an application in the web enabled wireless phone for
`
`receiving the exercise related information and displaying the response.
`
`2.
`
`(Previously Presented) The method of claim 1, wherein the receiving data indicating a
`
`physiologic status of a subject includes receiving data from a physiological sensor coupled to an
`
`exercise machine.
`
`3.
`
`(Previously Presented) The method of claim 1, where the receiving data indicating an
`
`amount of exercise performed by the subject includes receiving data from an exercise machine.
`
`2
`
`PNA-FB0001 934
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 5 of 19
`
`Application No.: 12/211,033
`
`Docket No.: 00125/002005 (205 1/14C4)
`
`4.
`
`(Previously Presented) The method of claim 1, wherein the web-enabled wireless phone
`
`receives exercise-related information over a transmission medium, the transmission medium
`
`including a wired connection or a wireless connection.
`
`5. (Cancelled)
`
`6.
`
`(Original) The method of claim 1, wherein the web-enabled wireless phone receives data via
`
`an adapter to convert a signal from the device to a suitable input for the wireless phone.
`
`7.
`
`(Previously Presented) The method of claim 1, wherein the data indicating an amount of
`
`exercise performed is received from a device selected from the group consisting of: a treadmill, a
`
`stepper, an exercise cycle, an accelerometer, a rowing machine, physiotherapy equipment, an
`
`aerobic or anaerobic exercise device, and a device that monitors an amount of work or rate of work
`
`performed.
`
`8.
`
`(Currently Amended) A non-transitory computer-readable medium, containing an
`
`application for performing an interactive method of exercise monitoring, the application physically
`
`residing on a server, the method comprising the steps of:
`
`a.
`
`downloading an application to a web-enabled wireless phone directly from a remote server
`
`over the intemet
`
`b.
`
`receiving exercise-related information from a web-enabled wireless phone, wherein the
`
`exercise-related information includes data collected at least in part using the application and
`
`indicating a physiologic status of a subject and data indicating an amount of exercise performed by
`
`the subject, and wherein the data indicating a physiologic status of a subject is received at least
`
`partially while the subject is exercising;
`
`C.
`
`d.
`
`calculating a response based on the exercise-related information;
`
`transmitting the calculated response to the web-enabled wireless phone for subsequent
`
`display, the display using the application.
`
`3
`
`PNA-FB0001 935
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 6 of 19
`
`Application No.: 12/211,033
`
`Docket No.: 00125/002005 (205 1/14C4)
`
`9.
`
`(Currently Amended) The medium of claim 8, wherein the method further comprises:
`
`a. enabling the web-enabled wireless phone to receive exercise-related information from a device;
`
`and
`
`b. transmitting to the web-enabled wireless phone the a device application including a user
`
`interface on which the calculated response may be rendered.
`
`10.
`
`(Previously Presented) The medium of claim 8, wherein the calculating a response includes
`
`calculating a response to assist a person in monitoring calorie expenditure, losing weight, or
`
`maintaining a healthy lifestyle.
`
`11.
`
`(Previously Presented) The medium of claim 8, wherein the instructions further cause the
`
`web-enabled wireless phone to receive the exercise-related information via an adapter, the adapter
`
`to convert a received data signal to a suitable input for the web-enabled wireless phone.
`
`12.
`
`(Previously Presented) The medium of claim 8, wherein the data indicating an amount of
`
`exercise performed by the subject is received from a device which is selected from the group
`
`consisting of: a pedometer, a treadmill, a stepper, an exercise cycle, an accelerometer, a rowing
`
`machine, physiotherapy equipment, an aerobic or anaerobic exercise device, and a device that
`
`monitors an amount of work or rate of work performed.
`
`13.
`
`(Previously Presented) The medium of claim 8, wherein the receiving exercise-related
`
`information includes receiving exercise-related information over a wireless or a wired connection.
`
`14.
`
`(Currently Amended) A web-enabled wireless phone, containing a non-transitory computer-
`
`readable medium, the computer-readable medium comprising memory within a web-enabled
`
`wireless phone, the computer-readable medium comprising instructions for causing a processor in
`
`the web-enabled wireless phone to perform the method of claim 1.
`
`4
`
`PNA-FB0001 936
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 7 of 19
`
`Application No.: 12/211,033
`
`Docket No.: 00125/002005 (205 1/14C4)
`
`15.
`
`(Currently Amended) A non-transitory computer-readable medium, the computer-readable
`
`medium comprising memory within a web-enabled wireless phone, the computer-readable medium
`
`containing instructions for causing a processor in a web-enabled wireless phone to perform the
`
`method of claim 1.
`
`16.
`
`(Cancelled)
`
`17.
`
`(Previously Presented) The method of claim 4, wherein the wireless connection includes an
`
`infrared connection or a radio frequency communication protocol including a short-range wireless
`
`transmission scheme.
`
`18.
`
`(Previously Presented) The method of claim 4, wherein the wired connection includes a
`
`USB connection, a cable, or a docking station.
`
`19.
`
`(Previously Presented) The method of claim 17, wherein the short-range wireless
`
`transmission scheme includes 802.11 or Bluetooth®.
`
`20.
`
`(Previously Presented) The method of claim 1, wherein the data indicating a physiologic
`
`status of a subject is received from a device selected from the group consisting of: a heart rate
`
`monitor, a blood pressure monitor, a body temperature monitor, a respiratory monitor, a
`
`biofeedback device, an electronic body weight scale, and a body fat gauge.
`
`21.
`
`(Previously Presented) The medium of claim 8, wherein the data indicating a physiologic
`
`status of a subject is received from a device which is selected from the group consisting of: a heart
`
`rate monitor, a blood pressure monitor, a body temperature monitor, a respiratory monitor, a
`
`biofeedback device, an electronic body weight scale, and a body fat gauge.
`
`5
`
`PNA-FB0001 937
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 8 of 19
`
`Application No.: 12/211,033
`
`Docket No.: 00125/002005 (205 1/14C4)
`
`REMARKS
`
`Claims 1-4 and 6-21 were pending in the application. Claim 16 has been canceled here.
`
`Claims 1, 8, 9, 14, and 15 have been amended here. Reconsideration and allowance of all pending
`
`claims is requested.
`
`Applicant thanks Examiner Shirley Jian and Supervisory Patent Examiner Sam Yao for the
`
`personal interview and the many discussions regarding the case. In accordance with these
`
`discussions and as described in the Interview Summary filed on April 9, 2012, the attached amended
`
`claims are respectfully submitted to define over the applied references and thus should be in
`
`allowable condition.
`
`If the Examiner has any questions, or would like to discuss the case in greater detail, she is
`
`invited to contact the undersigned attorney at the number given below.
`
`The Commissioner is authorized to charge any fees that may be due and owing as a result of
`
`this Amendment to the undersigned attorney's PTO Deposit Account Number 50-1047.
`
`FEES
`
`Dated: May 17, 2012
`
`Mayer & Williams PC
`251 North Avenue West, 2nd Floor
`Westfield, NJ 07090
`(619) 846-4615 Tel.
`(908) 518-7795 Fax
`
`Respectfully submitted,
`
`/Mark Wieczorek/
`
`
`
`Mark D. Wieczorek
`
`Registration No. 37,966
`
`6
`
`PNA-FB0001 938
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 9 of 19
`
`Notice of Allowability
`
`12/211.033
`Examiner
`
`QUY, ROGER J.
`Art Unit
`
`Application No.
`
`Applicant(s)
`
`SHIRLEY JIAN
`
`3769
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. 01 This communication is responsive to 0511812012.
`2. 0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`the restriction requirement and election have been incorporated into this action.
`
`
`
`3. @ The allowed claim(s) is/are 1-4,6-15 and 17-21.
`4. 0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) 0 All
`b) 0 Some* c) 0 None of the:
`1. 0 Certified copies of the priority documents have been received.
`2. 0 Certified copies of the priority documents have been received in Application No.
`3. 0 Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`
`
`* Certified copies not received:
`
`
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`5. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-1 52) which gives reason(s) why the oath or declaration is deficient.
`6. 0 CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`(a) 0 including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached
`1) 0 hereto or 2) 0 to Paper No/Mail Date
`(b) 0 including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No/Mail Date
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`7. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`
`
`Attachment(s)
`1. 0 Notice of References Cited (PTO-892)
`2. 0 Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. 0 Information Disclosure Statements (PTO/SB/08),
`Paper No/Mail Date
`
`4. 0 Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. 0 Notice of Informal Patent Application
`6. 0 Interview Summary (PTO-413),
`Paper No/Mail Date
`7. 01 Examiner's Amendment/Comment
`
`
`
`8. Q3 Examiner's Statement of Reasons for Allowance
`
`9. 0 Other
`
`/SHIRLEY JIAN/
`Examiner, Art Unit 3769
`
`/SAM YAOI
`Supervisory Patent Examiner, Art Unit 3769
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 03-11)
`
`Notice of Allowability
`
`Part of Paper No/Mail Date 20120530
`
`PNA-FB0001 944
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 10 of 19
`
`Application/Control Number: 12/2 11,033
`
`Art Unit: 3769
`
`Page 2
`
`DETAILED ACTION
`
`Examiner's Amendment
`
`An examiner's amendment to the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`payment of the issue fee.
`
`Authorization for this examiner's amendment was given in a communication with Mark
`
`Wieczorek (Registration number: 37966) on May 31, 2012.
`
`Changes to the Claims
`
`Claims are amended as follows:
`
`1. (Previously Presented) A method for interactive exercise monitoring, the method comprising
`
`the steps of:
`
`a. downloading an application to a web-enabled wireless phone directly from a remote server
`
`over the internet;
`
`b. coupling the a web-enabled wireless phone to a device which provides exercise-related
`
`information;
`
`c. rendering a user interface on the web-enabled wireless phone;
`
`d. using the application, receiving data indicating a physiologic status of a subject;
`
`e. using the application, receiving data indicating an amount of exercise performed by the
`
`subject;
`
`PNA-FB0001 945
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 11 of 19
`
`Application/Control Number: 12/211,033
`
`Page 3
`
`Art Unit: 3769
`
`f. wherein at least one of the data indicating a physiologic status of a subject or the data
`
`indicating an amount of exercise performed by the subject is received from the device which
`
`provides exercise-related information, and wherein the data indicating a physiologic status of a
`
`subject is received at least partially while the subject is exercising;
`
`g. sending the exercise-related information to an internet server via a wireless network;
`
`h. receiving a calculated response from the server, the response associated with a calculation
`
`performed by the server based on the exercise-related infoiiiiation; and
`
`i. using the application, displaying the response.
`
`2. (Previously Presented) The method of claim It, wherein the receiving data indicating a
`
`physiologic status of a subject includes receiving data from a physiological sensor coupled to an
`
`exercise machine.
`
`3. (Previously Presented) The method of claim 1, where the receiving data indicating an
`
`amount of exercise performed by the subject includes receiving data from an exercise machine.
`
`4. (Previously Presented) The method of claim 1, wherein the web-enabled wireless phone
`
`receives exercise-related information over a transmission medium, the transmission medium
`
`including a wired connection or a wireless connection.
`
`5. (Cancelled)
`
`PNA-FB0001 946
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 12 of 19
`
`Application/Control Number: 12/211,033
`
`Page 4
`
`Art Unit: 3769
`
`6. (Original) The method of claim It, wherein the web-enabled wireless phone receives data via
`
`an adapter to convert a signal from the device to a suitable input for the wireless phone.
`
`7. (Previously Presented) The method of claim 1, wherein the data indicating an amount of
`
`exercise performed is received from a device selected from the group consisting of: a treadmill, a
`
`stepper, an exercise cycle, an accelerometer, a rowing machine, physiotherapy equipment, an
`
`aerobic or anaerobic exercise device, and a device that monitors an amount of work or rate of
`
`work performed.
`
`8. (Currently Amended) A non-transitory computer-readable medium, containing an
`
`application for performing an interactive method of exercise monitoring, the application
`
`physically residing on a server, the method comprising the steps of:
`
`a. downloading an application to a web-enabled wireless phone directly from a remote server
`
`over the internet;
`
`b. receiving exercise-related information from a web-enabled wireless phone, wherein the
`
`exercise-related information includes data collected at least in part using the application and
`
`indicating a physiologic status of a subject and data indicating an amount of exercise performed
`
`by the subject, and wherein the data indicating a physiologic status of a subject is received at
`
`least partially while the subject is exercising;
`
`c. calculating a response based on the exercise-related information;
`
`d. transmitting the calculated response to the web-enabled wireless phone for subsequent display,
`
`the display using the application.
`
`PNA-FB0001 947
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 13 of 19
`
`Application/Control Number: 12/211,033
`
`Page 5
`
`Art Unit: 3769
`
`9. (Currently Amended) The non-transitory computer-readable medium of claim 8, wherein the
`
`method further comprises:
`
`a. enabling the web-enabled wireless phone to receive exercise-related information from a
`
`device; and
`
`b. transmitting to the web-enabled wireless phone the device application including a user
`
`interface on which the calculated response may be rendered.
`
`10. (Currently Amended) The non-transitory computer-readable medium of claim 8, wherein the
`
`calculating a response includes calculating a response to assist a person in monitoring calorie
`
`expenditure, losing weight, or maintaining a healthy lifestyle.
`
`ii. (Currently Amended) The non-transitory computer-readable medium of claim 8, wherein the
`
`instructions further cause the web-enabled wireless phone to receive the exercise-related
`
`information via an adapter, the adapter to convert a received data signal to a suitable input for the
`
`web-enabled wireless phone.
`
`12. (Currently Amended) The non-transitory computer-readable medium of claim 8, wherein the
`
`data indicating an amount of exercise performed by the subject is received from a device which
`
`is selected from the group consisting of: a pedometer, a treadmill, a stepper, an exercise cycle, an
`
`accelerometer, a rowing machine, physiotherapy equipment, an aerobic or anaerobic exercise
`
`PNA-FB0001 948
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 14 of 19
`
`Application/Control Number: 12/2 11,033
`
`Art Unit: 3769
`
`Page 6
`
`device, and a device that monitors an amount of work or rate of work performed.
`
`13. (Currently Amended) The non-transitory computer-readable medium of claim 8, wherein the
`
`receiving exercise-related information includes receiving exercise-related information over a
`
`wireless or a wired connection.
`
`14. (Previously Presented) A web-enabled wireless phone, containing a non-transitory computer-
`
`readable medium, the computer-readable medium comprising memory within a web-enabled
`
`wireless phone, the computer-readable medium comprising instructions for causing a processor
`
`in the web-enabled wireless phone to perfoi iii the method of claim 1.
`
`15. (Previously Presented) A non-transitory computer-readable medium, the computer-readable
`
`medium comprising memory within a web-enabled wireless phone, the computer-readable
`
`medium containing instructions for causing a processor in a web-enabled wireless phone to
`
`perform the method of claim 1.
`
`16. (Cancelled)
`
`17. (Previously Presented) The method of claim 4, wherein the wireless connection includes an
`
`infrared connection or a radio frequency communication protocol including a short-range
`
`wireless transmission scheme.
`
`PNA-FB0001 949
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 15 of 19
`
`Application/Control Number: 12/211,033
`
`Page 7
`
`Art Unit: 3769
`
`18. (Previously Presented) The method of claim 4, wherein the wired connection includes a USB
`
`connection, a cable, or a docking station.
`
`19. (Currently Amended) The method of claim 17, wherein the short-range wireless transmission
`
`scheme includes IEEE 802.11 protocol or Bluet oth® short-wavelength radio transmission in
`
`the ISM band of 2400-2480 MHz.
`
`20. (Previously Presented) The method of claim 1, wherein the data indicating a physiologic
`
`status of a subject is received from a device selected from the group consisting of: a heart rate
`
`monitor, a blood pressure monitor, a body temperature monitor, a respiratory monitor, a
`
`biofeedback device, an electronic body weight scale, and a body fat gauge.
`
`21. (Currently Amended) The non-transitory computer-readable medium of claim 8, wherein the
`
`data indicating a physiologic status of a subject is received from a device which is selected from
`
`the group consisting of: a heart rate monitor, a blood pressure monitor, a body temperature
`
`monitor, a respiratory monitor, a biofeedback device, an electronic body weight scale, and a
`
`body fat gauge.
`
`Changes to the Specification
`
`Please replace paragraph [0022] with the following paragraph:
`
`[0022] As for wireless techniques, infrared (IR), microwaves, radio frequency (RE), e.g.,
`
`Bluetooth® or IEEE 802.11 protocols, optical techniques including lasers, and other such
`
`PNA-FB0001 950
`
`

`

`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 16 of 19
`
`Application/Control Number: 12/211,033
`
`Page 8
`
`Art Unit: 3769
`
`techniques may be used. The patient or subject may also input data manually, such as by a
`
`stylus, keypad, synchronization from a PC, or by various other techniques discussed below.
`
`Please replace paragraph [0044] with the following paragraph:
`
`[0044] The term "signal communication" is used to mean any type of connection between
`
`components where the connection is, e.g., electromagnetic, and where the connection allows
`
`information to be passed from one component to another. This term may be used in a similar
`
`fashion as "coupled", "connected", "information communication", "data communication", etc.
`
`The following are examples of signal communication schemes. As for wired techniques, a
`
`standard bus or serial cable may be used if the input/output ports are compatible and an optional
`
`adaptor may be employed if they are not. As for wireless techniques, IR, microwaves, RE, e.g.,
`
`Bluetooth® or IEEE 802.11 protocols, optical techniques including lasers, and other such
`
`techniques may be used. The patient or subject may even input data manually, such as by a
`
`stylus or keypad or by various other techniques discussed above and below.
`
`Please replace paragraph [0052] with the following paragraph:
`
`[0052] For medical devices and applications, physiologic sensor 24 may include, e.g., a
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`sensor appropriate for measuring blood glucose levels, blood pressure, heart rate, or any other
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`desired parameter as required by the physician. Sensor 24 may connect via an optional cable 44
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`to subject 38. Alternatively, sensor 24 may be distal of HMD 11, i.e., at or within subject 38.
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`In other words, if cable 44 is employed, sensor 24 may be proximal or distal of cable 44. If a
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`wireless communications capability is added, sensor 24 need not physically connect with HMD
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`PNA-FB0001 951
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`

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`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 17 of 19
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`Application/Control Number: 12/211,033
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`Page 9
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`Art Unit: 3769
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`11 or WWD 12 at all. That is, the same may measure a health parameter and may communicate
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`the same to wireless health-monitoring apparatus 10 wirelessly. The short range wireless
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`communications schemes which may be employed include infrared, radio frequency including
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`Bluetooth Bluetooth® or IEEE 802.11 protocols, or other such schemes.
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`Please replace paragraph [0053] with the following paragraph:
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`[0053] As examples of sensor types, to measure blood glucose levels, sensor 24 may be a
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`sensor that accepts a drop of blood, e.g., via a finger-prick. To measure heart rate, sensor 24
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`may be placed via an adhesive sensor disposed on the chest. Other health monitors may also be
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`employed so long as the measured data may either be transferred to WWD 12, e.g., via optional
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`adaptor 42, described in further detail below, or by being read by a user, e.g., from a display,
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`and manually input to WWD 12. Alternatively, the measured data may be transferred to WWD
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`12 via wireless communication schemes, such as RE includes Bluetooth® or IEEE 802.11
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`protocols, infrared, optical, microwaves, etc., directly from sensor 24 or from HMD 11 as
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`described in greater detail below.
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`Please replace paragraph [0092] with the following paragraph:
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`[0092] While the device shown in FIG. 8 is described in the context of general wireless
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`communications, various protocols may be employed. For radio frequency communications,
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`protocols such as Bluetooth® or IEEE 802.11 protocols may be advantageously employed.
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`Other techniques employing a similar configuration include those employing IR, microwaves,
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`optical techniques including lasers, and so on.
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`PNA-FB0001 952
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`

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`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 18 of 19
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`Application/Control Number: 12/2 11,033
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`Page 10
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`Art Unit: 3769
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`Reasons for Allowance
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`The prior art does not disclose or fairly suggest a web-enabled wireless phone for
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`interfacing with a device which receive exercise related information; wherein said web-enabled
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`wireless phone downloads a software application directly from a remote server via the Internet,
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`and uses said application to receive and transmit a user's exercise information for management
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`and analysis by said remote server.
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`Prior art reference- Mault (US Patent No. 6,790,178 Bi) discloses a portable computing
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`device, i.e. a PDA or a cellular phone, which interfaces with a plethora of sensors for obtaining
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`exercise related information, and wherein said portable computing device further uses a software
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`application to receive and transmit a user's exercise information for management and analysis by
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`a remote server. However. Mault fails to teach a direct connection with said remote server for
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`downloading said software application; in fact Mault specifically discloses that downloading and
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`installing of software applications are done via another memory module.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to SHIRLEY RAN whose telephone number is (571)270-7374. The
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`examiner can normally be reached on Monday-Friday l0am-5:00pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Gregory Morse can be reached on 571-272-3838. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
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`PNA-FB0001 953
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`

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`Case 1:19-cv-11586-FDS Document 265-2 Filed 01/04/22 Page 19 of 19
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`Application/Control Number: 12/211,033
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`Page 11
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`Art Unit: 3769
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/SHIRLEY JIAN/
`Examiner, Art Unit 3769
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`May 31, 2012
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`/SAM YAO/
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`Supervisory Patent Examiner, Art Unit 3769
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`PNA-FB0001 954
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`