Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 1 of 28
`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 1 of 28
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`EXHIBIT 4
`EXHIBIT 4
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`

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`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 2 of 28
`
`Serial No.: 12/211,033
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`Roger J. Quy
`
`Serial No.:
`
`12/211,033
`
`Filed:
`
`Title:
`
`09/15/2008
`
`METHOD AND APPARATUS FOR HEALTH AND DISEASE
`
`MANAGEMENT COMBINING PATIENT DATA MONITORING WITH
`
`WIRELESS INTERNET CONNECTIVITY
`
`Art Unit:
`
`3769
`
`Examiner:
`
`Michael C. Astorino
`
`Confirmation No.: 7693
`
`Docket No.:
`
`00125/002005
`
`ViaEFS Web
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-14 5 0
`
`AMENDMENT AND RESPONSE TO OFFICE ACTION
`
`Sir:
`
`In response to the Office Action mailed May 4, 2009, kindly amend the above-identified
`
`application as follows:
`
`Certificate of Electronic Filing Under
`37 C.F.R. §1.8
`I certify that this correspondence and any document reference
`herein is being electronically deposited with the USPTO via EFS(cid:173)
`Web on 08/04/2009.
`
`Nancy Joyce simmons
`(Printed Name of Person Mailing Correspondence)
`/nancy ioyce simmons/
`(Signature)
`
`PNA-FB0001597
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 3 of 28
`
`Serial No.: 12/211,033
`
`Amendments to the Claims:
`
`1.
`
`(Currently Amended) A method for interactive exercise monitoring, the method
`
`comprising the steps of:
`
`a.
`
`coupling a web-enabled wireless phone to a device which provides lreal-thexercise-related
`
`information;
`
`b.
`
`c.
`
`rendering a user interface on the web-enabled wireless phone;
`
`receiving h:ealthexercise-related information in the web-enabled wireless phone, wherein
`
`the lreal-thexercise-related information includes physiological data and data indicating an amount
`
`of exercise performed data, and wherein at least one of the physiological data and the data
`
`indicating an amount of exercise performeddata-is received from the device which provides
`
`h:ealthexercise-related information;
`
`d.
`
`sending the lreal-thexercise-related information to an internet server via a wireless
`
`network;
`
`e.
`
`receiving a calculated response from a the server, the response associated with a
`
`calculation performed by the server based on the h:ealthexercise-related information; and
`
`f.
`
`running an application in the web-enabled wireless phone for receiving the exercise-
`
`related information and displaying the response.
`
`2. (Currently Amended) The method of claim 1, where the receiving exercise-related
`
`information including physiological data is includes receiving data received from a physiological
`
`monitoring device or from an exercise machine.
`
`3. (Currently Amended) The method of claim 1, where the receiving exercise-related
`
`information including data indicating an amount of exercise performed data is received includes
`
`receiving data from an exercise machine or from a physiological monitoring device.
`
`4. (Currently Amended) The method of claim 1, wherein the web-enabled wireless phone
`
`receives lreal-thexercise-related information over a transmission medium, the transmission
`
`medium including-:- a wired connection, an RS 232 connection, an infrared connection, or a radio
`
`frequency wireless connection.
`
`2
`
`PNA-FB0001598
`
`

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`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 4 of 28
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`Serial No.: 12/211,033
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`5. (Currently Amended) The method of claim 1, wherein the receiving heal#i:exercise-related
`
`information includes receiving data input by a patient.
`
`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. (Currently Amended) The method of claim 1, where the device which provides
`
`:ltealthexercise-related information is selected from the group consisting of: an electronic body
`
`weight scale, a body fat gauge, a pedometer, a biofeedback device, a treadmill, a stepper, an
`
`exercise cycle, an accelerometer, a rowing machine, physiotherapy equipment, an aerobic or
`
`anaerobic exercise device, a temperature monitor, a heart rate monitor, a blood pressure monitor,
`
`a respiratory monitor, and a device that monitors an amount of work or rate of work performed
`
`any type of physiological monitoring device, and any type of exercise machine.
`
`8. (Currently Amended) A computer-readable medium, containing instructions for performing
`
`an interactive method of exercise monitoring, the method comprising the steps of:
`
`a.
`
`b.
`
`displaying a user interface;
`
`receiving :ltealthexercise-related information from a web-enabled wireless phone, wherein
`
`the heal#i:exercise-related information includes physiological data and data indicating an amount
`
`of exercise performed data;
`
`c.
`
`sending calculating a response based on the heal#i:exercise-related information to-an
`
`internet server;
`
`d.
`
`receiving a transmitting the calculated response to the web-enabled wireless phone from a
`
`server, the response associated v1ith a calculation performed by the server based on the health
`
`related information; and
`
`e.
`
`displaying an indication of the response .
`
`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
`
`3
`
`PNA-FB0001599
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 5 of 28
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`Serial No.: 12/211,033
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`b. transmitting to the web-enabled wireless phone an application including a user interface on
`
`which the calculated response may be rendered
`
`instructions further cause the 1.veb enabled 1tvireless phone to receive data over a transmission
`
`medium, the transmission medium including: a v.rired connection, an RS 232 connection, an
`
`infrared connection, or a radio frequency connection.
`
`10. (Currently Amended) 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 instructions further cause the v.reb enabled 'Nireless phone to
`
`receive data from a keyboard.
`
`11. (Currently Amended) The medium of claim 8, wherein the instructions further cause the
`
`web-enabled wireless phone to receive the healthexercise-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 medium of claim 8, wherein the healthexercise-related
`
`information is received from a physiological monitoring device which is selected from the group
`
`consisting of: an electronic body weight scale, a body fat gauge, a pedometer, a biofeedback
`
`device, a treadmill, a stepper, an exercise cycle, an accelerometer, a rowing machine,
`
`physiotherapy equipment, an aerobic or anaerobic exercise device, a temperature monitor, a heart
`
`rate monitor, a blood pressure monitor, a respiratory monitor, and a device that monitors an
`
`amount of work or rate of work performed any physiological monitoring device, and any exercise
`
`machine.
`
`13. (New) The medium of claim 8, wherein the receiving exercise-related information includes
`
`receiving exercise-related information over a wireless or a wired connection.
`
`14. (New) A web-enabled wireless phone, containing a computer-readable medium, 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-FB0001600
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 6 of 28
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`Serial No.: 12/211,033
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`15. (New) A computer-readable medium, containing instructions for causing a processor in a
`
`web-enabled wireless phone to perform the method of claim 1.
`
`16. (New) The method of claim 1, further comprising downloading the application to the web(cid:173)
`
`enabled wireless phone from a server.
`
`17. (New) The method of claim 4, wherein the wireless connection includes an infrared
`
`connection or a radio frequency communication protocol including Bluetooth(R) or 802.11.
`
`18. (New) The method of claim 4, wherein the wired connection includes a USB connection, a
`
`cable, or a docking station.
`
`5
`
`PNA-FB0001601
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 7 of 28
`
`Serial No.: 12/211,033
`
`Amendments to the Abstract:
`
`Please amend the abstract as follows:
`
`Embodiments of the invention provide a A method and apparatus are provided for a
`
`wireless health monitoring of exercise, fitness, or nutrition, system for interactively monitoring a
`
`disease or health condition of a patient by connecting an internetweb-enabled wireless phone web
`
`device ("\¥\VD") to a health monitoring device which may be a medical device or other health
`
`related device such as an provides exercise-related information, including physiological data and
`
`data indicating an amount of exercise performed machine. The \¥\VD may be connected to the
`
`health monitoring device directly by a vtired connection to a generic input/output port of the
`
`\¥\VD using an optional adaptor if necessary. Alternatively, the connection \V:WD may be 12):
`
`way of a wirelessly connected to the health monitoring device, such as via an infrared or radio
`
`frequency connection, including connection using protocols such as Bluetooth® or 802. l l,._QI_Qy
`
`way of a wired connection. The vtireless connection may also employ an An optional adaptor
`
`may be included if necessary. An application for receiving the exercise-related information and
`
`providing a user interface may be downloaded to the web-enabled wireless phone from an
`
`internet server. The user may also input data to the \¥\VD manually, such as by a keypad,
`
`keyboard, stylus, or optionally by voice command.
`
`The health exercise-related data information may be is transmitted from the '.V\VD to an
`
`internet server using standard internet protocols. The, and the server may calculates and return a
`
`response using a sofhvare program vthich may include an algorithm or artificial intelligence
`
`system, and may further provide for reviev,r by a physician or health specialist. The user may
`
`interact v1ith the server. For example, the server transmits a response to the \¥\VD, and the user
`
`may ansvt'er the response or provide other information.
`
`Attached to this Amendment is a replacement Abstract sheet.
`
`6
`
`PNA-FB0001602
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 8 of 28
`
`Serial No.: 12/211,033
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`Replacement Abstract:
`
`A method and apparatus are provided for wireless monitoring of exercise, fitness, or
`
`nutrition by connecting a web-enabled wireless phone to a device which provides exercise(cid:173)
`
`related information, including physiological data and data indicating an amount of exercise
`
`performed. The connection may be by way of a wireless connection using protocols such as
`
`BluetoothC© or 802.11, or by way of a wired connection. An optional adaptor may be included if
`
`necessary. An application for receiving the exercise-related information and providing a user
`
`interface may be downloaded to the web-enabled wireless phone from an internet server. The
`
`exercise-related information may be transmitted to an internet server, and the server may
`
`calculate and return a response.
`
`7
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`PNA-FB0001603
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 9 of 28
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`Serial No.: 12/211,033
`
`In the Title:
`
`Please amend the title as follows:
`
`METHOD AND APPARATUS FOR HEl,LTH i\ND DISEl,:SE Mi\Nl"GEMENT
`
`COMBINING PATIENT DATA MONITORING EXERCISE WITH WIRELESS INTERNET
`
`CONNECTIVITY
`
`Replacement Title:
`
`METHOD AND APPARATUS FOR MONITORING EXERCISE WITH WIRELESS
`
`INTERNET CONNECTIVITY
`
`8
`
`PNA-FB0001604
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 10 of 28
`
`Serial No.: 12/211,033
`
`REMARKS
`
`Claims 1-12 were pending in this application. Claims 13-18 have been added and claims
`
`1-5 and 7-12 have been amended. Claims 1-18 are pending. Reconsideration and allowance of
`
`all pending claims are respectfully requested.
`
`Applicant has modified the Abstract and Title to more succinctly describe the subject
`
`matter of the invention.
`
`Rejections Under 35 U.S.C. §112
`
`The Examiner has rejected claims 1-12 under 35 U.S.C. 112, second paragraph, as being
`
`indefinite for failing to particularly point out and distinctly claim the subject matter which
`
`Applicant regards as the invention. Specifically, the Examiner has indicated that one cannot
`
`discern based on the specification the distinction between "physiological data" and "exercise
`
`data" and as such the term is indefinite. Applicant has obviated the rejection by way of
`
`amendment. In particular, the claims now recite receiving exercise-related information including
`
`physiological data and data indicating an amount of exercise performed. Physiological
`
`information is clear from the specification at, e.g., paragraph [0018] as describing devices that
`
`"monitor the physiologic status of a healthy subject" and data indicating an amount of exercise
`
`performed is described in the specification at, e.g., paragraph [0044].
`
`It is respectfully
`
`submitted that the rejections have been obviated and should be withdrawn.
`
`Rejections Under 35 U.S.C. §102
`
`Claims 1-12 stand rejected under 35 U.S.C. 102(e) as being allegedly anticipated by
`
`Brown (US Patent 5,997,476). These rejections are traversed with respect to the amended
`
`independent claims 1 and 8 ( and corresponding CRM claims 14 and 15) as follows.
`
`Brown discloses a networked system for communication of information to an individual
`
`and for remotely monitoring the individual, including a server and a workstation connected to the
`
`server through a communication system, where the workstation functions as a remote interface
`
`for entering server messages and queries to be communicated to the patients, or script
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`information ( column 4, lines 46-48), as well as displaying patient reports generated by the server
`
`( column 8, lines 46-51 ). The server includes a script generator designed to generate script
`
`programs from the script information entered through the workstation (column 6, lines 56-58)
`
`9
`
`PNA-FB0001605
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 11 of 28
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`Serial No.: 12/211,033
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`and a database for storing the script programs ( column 5, lines 15-16). The system also includes
`
`a programmable apparatus ( corresponding to elements 26 or 32) which executes the script
`
`program to communicate queries and messages to a patient, receive responses to the queries,
`
`collect monitoring device measurements, and transmit responses and measurements to the server
`
`(column 5, lines 16-20). In some embodiments, the system of Brown also includes a monitoring
`
`device for measuring and recording a physiological condition of the patient, and transmitting the
`
`measurements to the patient's remotely programmable apparatus (column 4, line 64 to column 5,
`
`line 3). Brown notably fails to disclose any substantial teaching of how to take patient
`
`monitoring "into the field", i.e. to make it work wherever the patient is as long as there is a
`
`standard wireless connection.
`
`Applicant submits that Brown does not disclose each and every element of the presently
`
`claimed invention, and thus is deficient as an anticipatory reference.
`
`First, the present invention and current claims require a web-enabled wireless phone.
`
`Brown does not disclose this. Reviewing the devices Brown does disclose, one can see a
`
`remotely programmable apparatus and a workstation. The remotely programmable apparatus is a
`
`proprietary piece of hardware as described in Figs. 3 and 4. Nowhere does Brown teach that its
`
`functionality could be implemented on a web-enabled wireless phone. For example, the Brown
`
`apparatus does not run a typical web browser or mobile phone application; rather the displays
`
`and input buttons operate according to a simple scripting language that provides a set of
`
`commands assigned to each patient. If the workstation is submitted to meet the limitation of a
`
`web-enabled wireless phone, yet another element of claim 1 is lacking, since the workstation of
`
`Brown is not disclosed to have a wireless connection.
`
`Moreover, although Brown mentions that the apparatus may be placed in communication
`
`with the server via wireless or cellular networks, this is done with a modem (86/66) and
`
`telephone jack (22) for the means of transmission. The apparatus is clearly not a web-enabled
`
`wireless phone. This aspect is made even more clear in Brown by the embodiment for
`
`communicating script commands audibly to the patient in Figs. 13-15, where the scripts are made
`
`audible through speech synthesis and recognition functionality.
`
`Besides the lack of a web-enabled wireless phone, Brown is further deficient as an
`
`anticipatory reference as the same fails to disclose receiving exercise-related information, as
`
`required by the independent claims.
`
`10
`
`PNA-FB0001606
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 12 of 28
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`Serial No.: 12/211,033
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`Applicant has noted advantages of the use of a web-enabled wireless phone at paragraphs
`
`[0015]-[0022], including specific advantages with respect to exercise-related information. As a
`
`simple illustration, a person could not do with Brown's device that which is intended by the
`
`claimed invention: for example, a cyclist could not take Brown's device on a bike ride to monitor
`
`heart rate and miles traveled.
`
`Even more differences are apparent with respect to the dependent claims. For example,
`
`with respect to claim 17, the physiological data being monitored in Brown is transmitted to the
`
`apparatus through a standard connection cable (30); Brown does not disclose any wireless
`
`connection to a health monitoring or exercise device.
`
`Numerous other distinctions will be apparent. For example, Brown does not disclose
`
`coupling a web-enabled wireless phone to a device which provides exercise-related information
`
`including physiological data and data indicating an amount of exercise performed, nor receiving
`
`such information. This aspect of including multiple types of data is mentioned in various
`
`locations in the specification, e.g., paragraphs [0015], [0017], and [0055]. Paragraph [0015]
`
`notes that "Various health parameters, such as those relating to nutrition or exercise, may be
`
`entered into a health monitoring device." Paragraph [0017] notes that "[ what may be sent
`
`includes] data output from various exercise machines over the Internet ... " And paragraph [0055]
`
`notes that, following a discussion of a blood glucose sensor, "Other health monitors may also be
`
`employed ... "
`
`:~:;;:)({: fh-:> hi}::hh ""·'"'·:,-,,.,,.-:--":
`d-:>,,,,-,1-::.:,:;,:v ?~':~ri~.~9,: th~': :~~~n~~;:.
`
`11
`
`PNA-FB0001607
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 13 of 28
`
`Serial No.: 12/211,033
`
`:_.;~K:h :~:i JtF ~J1t:J:~tdi-i8 §Jl:~~~t(~_:.th::f: or :i{02., ·~} ~. htfh:::_H::.:::L ~>~~ti;,::JL
`<~Lt ... /Et~~:tly th}n~ ::~:it{!f;;)t 2.~·tiK ·tit1:::c~ ft\ .. t{J l ! ;:~~
`
`The specific locations where sensors are described as connected to exercise machines
`
`include paragraphs [0018], [0044], and [0078]. As Brown provides no such teaching or
`
`disclosure of exercise management, nor teaching or disclosure of two types of data as noted
`
`above, Applicant respectfully submits that the rejection based on Brown should be withdrawn.
`
`Even if Brown were to disclose the above, Applicant also notes that the reference is
`
`deficient as Brown discloses virtually no functions of the server application, beyond script and
`
`report generation and storage of script programs and response queries. Even if one identifies the
`
`programmable apparatus as the web-enabled wireless phone, then Brown cannot anticipate the
`
`claimed invention as the server application of Brown does not provide the report to this web(cid:173)
`
`enabled wireless phone, but rather to the workstation. Conversely, if one identifies the
`
`workstation as the web-enabled wireless phone, then Brown cannot anticipate the claimed
`
`invention as the workstation does not have a way to couple to a device that provides exercise(cid:173)
`
`related information. In summary, nowhere does Brown disclose that the server application
`
`performs a calculation using exercise-related information, and transmit a response corresponding
`
`to the calculation from the server back to the web-enabled wireless phone, as required by the
`
`claims noted above. Thus, the server application of the current invention differs widely from any
`
`software identified with Brown.
`
`For at least the above reasons, Applicant submits that the anticipation rejection of the
`
`claims based on Brown should be withdrawn. The discussion above has focused on the
`
`independent claims; however, Applicant submits that the dependent claims are allowable for at
`
`least these reasons.
`
`12
`
`PNA-FB0001608
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 14 of 28
`
`Serial No.: 12/211,033
`
`Nonstatutory Double Patenting Rejection
`
`With respect to the amended claims, Applicant traverses the nonstatutory double
`
`patenting rejection as follows. The current independent claims 1 and 8 (and corresponding
`
`CRM claims 14 and 15) are limited to methods requiring receiving exercise-related information
`
`in a web-enabled wireless phone, where the exercise-related information includes physiological
`
`data and data indicating an amount of exercise performed, and where at least one of the
`
`physiological data and the data indicating an amount of exercise performed is received from the
`
`device which provides exercise-related information. The claims of US Patent 6,602,191 do not
`
`so require these two types of data to be input. As noted above, various sections of the application
`
`point to these several types of data, and the claimed two types of data require monitoring of
`
`physiologic and exercise data during exercise. For example, the same would apply to tracking
`
`the amount of exercise performed during a bike ride as well as heart rate during the ride. For
`
`these reasons, it is respectfully submitted that the nonstatutory double patenting rejection should
`
`thus be withdrawn.
`
`Should the Examiner be of the view that an interview would expedite consideration of the
`
`application, request is made that the Examiner telephone the Applicants' attorney at (619) 818-
`
`4615 in order that any outstanding issues be resolved.
`
`Respectfully submitted,
`
`/Mark Wieczorek/
`
`Mark D . Wieczorek
`Registration No. 37,966
`
`Date: August 4, 2009
`
`Attorney for Applicant
`Mayer & Williams PC
`251 North A venue West, 2nd Floor
`Westfield, NJ 07090
`Tel: 619-818-4615
`Fax: 908-518-7795
`
`13
`
`PNA-FB0001609
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 15 of 28
`
`Serial No.: 12/211,033
`Examiner Shirley Xueying Jian
`Group Art Unit 3769
`Page 1 of 7
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicants:
`
`Roger J. Quy
`
`Application No.
`
`12/211,033
`
`Filed:
`
`Title:
`
`September 15, 2008
`
`METHOD AND APPARATUS FOR MONITORING EXERCISE
`WITH WIRELESS INTERNET CONNECTIVITY
`
`Art Unit:
`
`3769
`
`Examiner:
`
`Shirley Jian
`
`Confirm. No.:
`
`7693
`
`Certificate of Electronic Transmission
`Under 37 C.F.R. §1.8
`
`Docket No.:
`
`00125/002005
`
`I hereby certify that this correspondence and any document referenced
`herein are being electronically filed with the USPTO via EFS-Web on
`September 20, 2010
`
`ViaEFS Web
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-14 5 0
`
`Sir:
`
`Nancy Joyce Simmons
`(Printed Name of Person Sending Correspondence)
`
`/nancy ioyce simmons/
`(Signature)
`
`AMENDMENT AND RESPONSE TO FINAL OFFICE ACTION
`
`This is responsive to the Office Action mailed August 13, 2010 in the above matter,
`
`in which the rejections of the claims was made final. A response is due November 13,
`
`2010, and thus this Amendment and Response is timely filed.
`
`No fees are believed to be due. 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 remarks:
`
`Amendments begin on page 2.
`
`Remarks/Arguments begin on page 6.
`
`PNA-FB0001703
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 16 of 28
`
`Serial No.: 12/211,033
`Examiner Shirley Xueying Jian
`Group Art Unit 3769
`Page 2 of7
`
`IN THE CLAIMS:
`
`1.
`
`(Previously Presented) A method for interactive exercise monitoring, the method
`
`comprising the steps of:
`
`a.
`
`coupling a web-enabled wireless phone to a device which provides exercise-
`
`related information;
`
`b.
`
`c.
`
`d.
`
`e.
`
`rendering a user interface on the web-enabled wireless phone;
`
`receiving data indicating a physiologic status of a subject;
`
`receiving data indicating an amount of exercise performed by the subject;
`
`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;
`
`f.
`
`sending the exercise-related information to an internet server via a wireless
`
`network;
`
`g.
`
`receiving a calculated response from the server, the response associated with a
`
`calculation performed by the server based on the exercise-related information; and
`
`h.
`
`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 l, 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 l, where the receiving data indicating an
`
`amount of exercise performed by the subject includes receiving data from an exercise
`
`machine.
`
`PNA-FB0001704
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 17 of 28
`
`Serial No.: 12/211,033
`Examiner Shirley Xueying Jian
`Group Art Unit 3769
`Page 3 of7
`
`4. (Previously Presented) The method of claim l, 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. (Canceled)
`
`6. (Original) The method of claim l, 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. (Previously Presented) 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.
`
`receiving exercise-related information from a web-enabled wireless phone,
`
`wherein the exercise-related information includes data 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;
`
`b.
`
`c.
`
`calculating a response based on the exercise-related information;
`
`transmitting the calculated response to the web-enabled wireless phone.
`
`9. (Previously Presented) 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
`
`PNA-FB0001705
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 18 of 28
`
`Serial No.: 12/211,033
`Examiner Shirley Xueying Jian
`Group Art Unit 3769
`Page 4 of7
`
`b. transmitting to the web-enabled wireless phone 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(cid:173)
`
`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(cid:173)
`
`related information includes receiving exercise-related information over a wireless or a
`
`wired connection.
`
`14. (Previously Presented) A web-enabled wireless phone, containing a computer(cid:173)
`
`readable medium, the computer-readable medium comprising memory within a web(cid:173)
`
`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.
`
`15. (Previously Presented) A computer-readable medium, the computer-readable
`
`medium comprising memory within a web-enabled wireless phone, the computer-
`
`PNA-FB0001706
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 19 of 28
`
`Serial No.: 12/211,033
`Examiner Shirley Xueying Jian
`Group Art Unit 3769
`Page 5 of7
`
`readable medium containing instructions for causing a processor in a web-enabled
`
`wireless phone to perform the method of claim 1.
`
`16. (Previously Presented) The method of claim l, further comprising downloading the
`
`application to the web-enabled wireless phone from a server.
`
`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. (Currently Amended) The method of claim 17, wherein the short-range wireless
`
`transmission scheme includes 802. l l or 802.15 Bluetooth(li).
`
`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.
`
`PNA-FB0001707
`
`

`

`Case 1:19-cv-11586-FDS Document 365-4 Filed 03/30/22 Page 20 of 28
`
`Serial No.: 12/211,033
`Examiner Shirley Xueying Jian
`Group Art Unit 3769
`Page 6 of7
`
`REMARKS
`
`Status of the Claims
`
`Claims 1-4 and 6-21 are pending in the application. Claim 5 has been previously
`
`cancelled. Claims 1, 8, 14, and 15 are the independent claims. Claim 19 has been
`
`amended.
`
`General Remarks
`
`Applicant notes the removal of certain objections and rejections due to
`
`Applicant's prior response. Applicant requests reconsideration of the remaining claims in
`
`light