DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments
The amendment filed 11/14/2025 has been entered.
Claims 1-2 and 7-8 are amended.
Claim 4 is cancelled.
Claims 9-11 are new.
Response to Arguments
Applicant’s arguments, see pg. 8, filed 11/14/2025, with respect to Claim Rejections under 35 USC 112 have been fully considered and are persuasive. The rejection of Claim 2 has been overcome.
Applicant’s arguments, see pgs. 8-11, with respect to Claim Rejections under 35 USC 103 have been fully considered but are moot because the arguments do not apply to the specific combination of references being used in the current rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C.
102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a
new ground of rejection if the prior art relied upon, and the rationale supporting the rejection,
would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the
claimed invention is not identically disclosed as set forth in section 102, if the
differences between the claimed invention and the prior art are such that the
claimed invention as a whole would have been obvious before the effective filing
date of the claimed invention to a person having ordinary skill in the art to which
the claimed invention pertains. Patentability shall not be negated by the manner in
which the invention was made.
Claim 1-3 and 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Stogaitis (US 2015/0172854) in view of Levine (US 2021/0262800) and Leclercq (US 2012/0223860).
Regarding Claim 1, Stogaitis teaches:
A … device, comprising:
a physical sensor that performs measurements relating to an orientation and movement of the … device ([0019]: “Sensor data may include accelerometer readings, gyroscope readings, and/or compass readings from the mobile devices.”; [0084]: “accelerometer and gyroscope data, collected by a mobile device, may be used to calculate a path by a module on the mobile device.”);
an acquisition unit that acquires information representing a user’s exercise type ([0021]: “determined activity type”; [0042]: “WAP location management module 310 may be configured to communicate with activity recognition module 330”); and
a processor that performs positioning of the … device intermittently with an idle period in between based on radio waves received from satellites ([0004]: “receiving session data from at least one mobile device, wherein each instance of the received session data includes one or more global positioning system (GPS) data points”; [0005]: “a plurality of global positioning system (GPS) data points … gathered periodically”; [0021]: “previous known GPS data point”),
wherein the processor determines whether to calculate a movement amount of the … device per set intervals based on measurement results of the physical sensor during a period in which the positioning based on radio waves received from satellites is not obtained, in accordance with the user’s exercise type acquired by the acquisition unit ([0017]: “particularly where GPS is unavailable.”; [0021]: “Paths may be calculated for those sessions where a determined activity type for the session is suitable for dead-reckoning calculations”; [0022]: “aligning a path from where a GPS trail ends (e.g., due to a transition from outdoors to indoors)”).
Stogaitis does not explicitly teach – but Levine teaches: a wearable device (Levine [0044]: “wearable”).
It would have been obvious to one of ordinary skill in the art to modify Stogaitis and use a wearable device, as taught by Levine. Wearable devices are well-known in the art, and modifying Stogaitis to use a wearable device allows for convenient and accurate pedestrian dead reckoning.
Stogaitis does not explicitly teach – but Leclercq teaches: wherein if, during the idle period, the movement amount is not calculated and a change in traveling direction is detected based on the measurement results of the physical sensor, the processor resumes the positioning based on radio waves received from satellites (Leclercq [0007]: “intermittent operating mode”; “power-saving mode”; [0015]: “gyroscope”; [0016]: “a GNSS receiver is powered down into a sleep state or an intermittent mode of operation when it detects no motion … The GNSS receiver is awakened when it detects a motion”; [0019-0021]).
It would have been obvious to one of ordinary skill in the art to modify Stogaitis and resume satellite positioning if, during the idle period, the movement amount is not calculated and a change in traveling direction is detected, as taught by Leclercq. Using idle periods and resuming satellite positioning if movement is detected is beneficial for conserving power (Leclercq [0008]). Modifying Stogaitis with the teachings of Leclercq comprises applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
Regarding Claim 2, Stogaitis teaches: wherein the processor does not calculate the movement amount based on measurement results of the physical sensor when the user’s exercise type does not involve running or walking activities ([0043]: “discard sessions where the mobile device 130 is determined to be swinging in a hand of a user of the mobile device”).
Regarding Claim 3, Stogaitis teaches: wherein when the movement amount is not calculated, the processor calculates a movement distance between two points adjacent in time based on positions of the two points obtained by performing positioning based on radio waves received from satellites ([0102]: “GPS points”; “session data received from one mobile device may be used to calculate a path, a GPS trail or path”).
Regarding Claim 5, Stogaitis does not explicitly teach – but Levine teaches: wherein the acquisition unit includes an operation reception unit that receives an input operation specifying the user’s exercise type (Levine [0071]: “A user can provide the particular activity as user input”).
It would have been obvious to one of ordinary skill in the art to modify Stogaitis and include an operation reception unit that receives an input operation specifying the user’s exercise type, as taught by Levine. Accepting user input specifying the user’s exercise type is beneficial for improving movement measurement accuracy.
Regarding Claim 6, Stogaitis teaches: wherein the physical sensor includes at least one of an acceleration sensor and an orientation sensor ([0019]: “accelerometer readings, gyroscope readings, and/or compass readings”).
Regarding Claim 7, Stogaitis teaches:
A method for controlling acquisition of movement information of a … device, performed by the … device , the … device including a physical sensor that performs measurements relating to an orientation and movement of the … device ([0019]: “Sensor data may include accelerometer readings, gyroscope readings, and/or compass readings from the mobile devices.”; [0084]: “accelerometer and gyroscope data, collected by a mobile device, may be used to calculate a path by a module on the mobile device.”), the method comprising:
acquiring information representing a user’s exercise type ([0021]: “determined activity type”; [0042]: “WAP location management module 310 may be configured to communicate with activity recognition module 330”);
performing positioning of the … device intermittently with an idle period in between based on radio waves received from satellites ([0004]: “receiving session data from at least one mobile device, wherein each instance of the received session data includes one or more global positioning system (GPS) data points”; [0005]: “a plurality of global positioning system (GPS) data points … gathered periodically”; [0021]: “previous known GPS data point”); and
determining whether to calculate a movement amount of the … device per set intervals based on measurement results of the physical sensor during a period in which the positioning based on radio waves received from satellites is not obtained, in accordance with the user’s exercise type ([0017]: “particularly where GPS is unavailable.”; [0021]: “Paths may be calculated for those sessions where a determined activity type for the session is suitable for dead-reckoning calculations”; [0022]: “aligning a path from where a GPS trail ends (e.g., due to a transition from outdoors to indoors)”).
Stogaitis does not explicitly teach – but Levine teaches: a wearable device (Levine [0044]: “wearable”).
The rationale to modify Stogaitis with the teachings of Levine would persist from Claim 1.
Stogaitis does not explicitly teach – but Leclercq teaches: wherein if, during the idle period, the movement amount is not calculated and a change in traveling direction is detected based on the measurement results of the physical sensor, resuming the positioning based on radio waves received from the satellites (Leclercq [0007]: “intermittent operating mode”; “power-saving mode”; [0015]: “gyroscope”; [0016]: “a GNSS receiver is powered down into a sleep state or an intermittent mode of operation when it detects no motion … The GNSS receiver is awakened when it detects a motion”; [0019-0021]).
The rationale to modify Stogaitis with the teachings of Leclercq would persist from Claim 1.
Regarding Claim 8, Stogaitis teaches:
A non-transitory storage medium readable by a computer in a … device that includes a physical sensor that performs measurements relating to an orientation and movement of the … device, the non-transitory storage medium storing a program executable by the computer ([0019]: “Sensor data may include accelerometer readings, gyroscope readings, and/or compass readings from the mobile devices.”; [0084]: “accelerometer and gyroscope data, collected by a mobile device, may be used to calculate a path by a module on the mobile device.”), the program causing the … device to perform the following:
acquiring information representing a user’s exercise type ([0021]: “determined activity type”; [0042]: “WAP location management module 310 may be configured to communicate with activity recognition module 330”);
performing positioning of the … device intermittently with an idle period in between based on radio waves received from satellites ([0004]: “receiving session data from at least one mobile device, wherein each instance of the received session data includes one or more global positioning system (GPS) data points”; [0005]: “a plurality of global positioning system (GPS) data points … gathered periodically”; [0021]: “previous known GPS data point”); and
determining whether to calculate a movement amount of the … device per set intervals based on measurement results of the physical sensor during a period in which the positioning based on radio waves received from satellites is not obtained, in accordance with the user’s exercise type ([0017]: “particularly where GPS is unavailable.”; [0021]: “Paths may be calculated for those sessions where a determined activity type for the session is suitable for dead-reckoning calculations”; [0022]: “aligning a path from where a GPS trail ends (e.g., due to a transition from outdoors to indoors)”).
Stogaitis does not explicitly teach – but Levine teaches: a wearable device (Levine [0044]: “wearable”).
The rationale to modify Stogaitis with the teachings of Levine would persist from Claim 1.
Stogaitis does not explicitly teach – but Leclercq teaches: wherein if, during the idle period, the movement amount is not calculated and a change in traveling direction is detected based on the measurement results of the physical sensor, the positioning based on the radio waves received from the satellites is resumed (Leclercq [0007]: “intermittent operating mode”; “power-saving mode”; [0015]: “gyroscope”; [0016]: “a GNSS receiver is powered down into a sleep state or an intermittent mode of operation when it detects no motion … The GNSS receiver is awakened when it detects a motion”; [0019-0021]).
The rationale to modify Stogaitis with the teachings of Leclercq would persist from Claim 1.
Regarding Claims 9, 10, and 11, Stogaitis teaches: wherein when the user's exercise type acquired by the acquisition unit is an activity involving the user's running or walking movements, the processor calculates the movement amount and movement direction based on the measurement results of the physical sensor during the period in which the positioning is not obtained ([0017]: “particularly where GPS is unavailable.”; [0021]: “Paths may be calculated for those sessions where a determined activity type for the session is suitable for dead-reckoning calculations”; [0021]: “Paths may be calculated for those sessions where a determined activity type for the session is suitable for dead-reckoning calculations. For example, dead-reckoning calculation of a path may be more accurate where the activity type is determined to be walking while the phone is in pocket”).
Stogaitis does not explicitly teach – but Levine teaches:
wherein when the user's exercise type acquired by the acquisition unit is an activity that does not involve the user's running or walking movements, during the period in which the positioning is not obtained, the processor calculates the moving direction based on the measurement results of the physical sensor without calculating the movement amount (Levine [0089]: “estimated 3DOF rotation”; [0096]: “the computing device utilizes estimated trajectory 380 (6DOF pose) to provide or supplement user navigation functionality (e.g., to enable continuous tracking of user positioning despite loss of a GPS signal on a smartphone)”; [0118]: “a single user profile can have several tuned predictive models associated therewith, each corresponding to different user activities that the user may engage in (e.g., running, walking, dancing, performing group training exercises, etc.).”; Examiner note: Levine estimates rotation (i.e., moving direction) separately from movement amount and creates models for activities that do not involve running or walking (e.g., dancing)).
It would have been obvious to one of ordinary skill in the art to modify Stogaitis and calculate the moving direction without calculating the movement amount when the exercise type does not involve running or walking, as taught by Levine. Calculating moving direction when the user is not walking or running is beneficial for improving system performance, such as by improving positioning accuracy (Levine [0119]). Modifying Stogaitis with the teachings of Levine comprises applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH Y. ZHU whose telephone number is (571)270-0170. The examiner can normally be reached Monday-Friday, 8AM-4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William J. Kelleher can be reached on (571) 272-7753. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NOAH YI MIN ZHU/Examiner, Art Unit 3648
/William Kelleher/Supervisory Patent Examiner, Art Unit 3648