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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed 3/23/2026 have been fully considered but they are not persuasive.
Applicant contends that Kiraly discloses only a single sensor (citing Fig. 4) and therefore cannot meet the claimed “first sensor” and “second sensor.” This argument is incorrect and mischaracterizes the reference.
Kiraly explicitly discloses multiple distinct sensor embodiments similarly to the limitation of the independent claims. See Kiraly, [0004], [0033], [0039], [0040] (The method may also use multiple sensors wherein a first sensor may be used by the method to capture the image of the scan zone and a second sensor to capture the second image); and Fig. 5 (showing multiple sensor configurations, including sensors 182/184 and 186/188).
Sensor 186 (or equivalent first sensor): operates in trigger mode with a high frame rate / low resolution in the narrow detection zone to detect ball placement and the launch event and to determine the time of the event, [0039]–[0041]; Fig. 5.
Sensor 188 (or equivalent second sensor): provides higher resolution (or lower frame rate but higher detail) images that are buffered and selectively processed for detailed body-motion and performance analysis after the event is detected, [0039]–[0041]; Fig. 5.
The claims merely require a first sensor configured for first images (used for event detection and timing) and a second sensor configured for second images with greater resolution or frame rate (used for performance evaluation). Kiraly’s multiple-sensor embodiment meets the claimed limitation. Applicant’s reliance on the single-sensor embodiment of Fig. 4 is irrelevant when the reference expressly teaches the multi-sensor embodiment that anticipates the claims.
Applicant further argues that the time of the event is not determined “based on the first images.” This is also unpersuasive. In Kiraly’s multi-sensor embodiment, the first sensor (high-frame-rate trigger sensor) continuously captures images used to detect the launch/strike event and determine its precise timing via successive image comparison, [0039]–[0041]. Only after this detection does the system select and process buffered frames from the second sensor for body-motion analysis and performance evaluation. The claimed sequence is met.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 7, 8, 10, 11, 15-19, 21, 22, 24, 25, 29, 31, 33, 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiraly (US 2007/0298898 A1).
1. Kiraly discloses a player monitoring system for efficient processing of player performance data (e.g., golf swing analysis system with automated ball placement detection and image capture for launch monitoring), comprising:
a first sensor configured to capture first images of a player playing or practicing a sporting game in a playing space, the first sensor having a first resolution and a first frame rate (i.e. high-speed, low-resolution image capture device monitors a small zone in trigger mode to detect ball placement and motion events, capturing images for initial event detection), [0039];
a second sensor configured to capture second images of the player playing or practicing the sporting game in the playing space, the second sensor having a second resolution greater than the first resolution or a second frame rate greater than the first frame rate (i.e. higher resolution image capture device activated in response to the first sensor's detection, capturing detailed images for performance analysis), [0040]-[0041];
a buffer configured to buffer the second images (i.e. system buffers or stores captured images from the high-resolution device for subsequent analysis, as part of the launch monitor's processing of selected frames post-trigger), (Fig. 3), [0036], [0038];
at least one processor programmed with instructions, that when executed by the at least one processor [0047], cause the at least one processor to:
receive the first images (i.e. launch monitor receives images from the high-speed, low-resolution device for initial detection), [0039];
analyze the first images to detect an event in the first images, wherein the event is a launch of an object by the player (i.e. analyzes low-resolution images to detect ball placement and swing initiation/motion events, including the launch or impact with the ball), [0039];
determine, based on the first images, a time of the event (i.e. determines timing of the event, such as ball impact/launch, based on motion detection in the monitored zone), [0039]-[0040];
based on the determined time and in response to detection of the event in the first images, select a plurality of image frames of the second images for evaluation of a performance of the player in performing an action associated with the event (i.e. selects and captures relevant high-resolution frames timed around the detected event for evaluating swing and launch performance), [0040]-[0041];
analyze the plurality of image frames selected by the at least one processor to assess body motion associated with movement of a body part of the player while launching the object (i.e. analyzes selected high-resolution frames to track and assess golfer's body and club motion during the swing and launch), [0040]-[0041];
evaluate the performance of the player in performing the action based on the body motion assessed by the at least one processor (i.e. evaluates performance metrics like club speed, ball speed, launch angle, and spin based on the motion analysis), and provide feedback indicative of a performance of the player in playing or practicing the sporting game (i.e. provides feedback to the golfer based on the analyzed performance data, such as through display or audio), [0030].
2. Kiraly discloses the system of claim 1, wherein the event is a shot of the object by the player toward a target (i.e. golf ball struck toward a target such as a hole or fairway), and wherein the instructions, when executed by the at least one processor, cause the at least one processor to: determine a trajectory of the object based on the first images (i.e. low-resolution sensor detects initial motion path and launch trajectory in the monitored zone); and determine the time of the event based on the trajectory (i.e. timing of launch determined from the detected motion path), [0039]-[0041].
3. Kiraly discloses the system of claim 2, wherein the instructions, when executed by the at least one processor, cause the at least one processor to determine a trajectory parameter indicative of the trajectory (i.e. calculates parameters such as velocity, launch angle, and spin from the trajectory), wherein the feedback is based on the trajectory parameter (i.e. feedback provided based on these performance metrics), [0030], [0045], [0048].
4. Kiraly discloses the system of claim 3, wherein the at least one trajectory parameter includes an entry angle or entry position of the object relative to the target (i.e. includes launch angle and projected landing position relative to the target area), [0045], [0048], [0073].
5. Kiraly discloses the system of claim 1, wherein the event is a shot, dribble, kick, or pass of the object by the player (i.e. event is a golf shot/strike of the ball), and wherein the instructions, when executed by the at least one processor, cause the at least one processor to: determine a trajectory of the object based on the first images (i.e. low-resolution sensor detects initial motion path and launch trajectory); and determine the time of the event based on the trajectory (i.e. timing based on the detected motion path), [0039]-[0041].
7. Kiraly discloses the system of claim 1, wherein the playing space is a court or field for the sporting game (i.e. golf field or course), [0064].
8. Kiraly discloses the system of claim 1, wherein the instructions, when executed by the at least one processor, cause the at least one processor to permit at least one image frame of the second images to be discarded without processing the at least one image frame for evaluation of the performance of the player in performing the action (i.e. system selects specific high-resolution frames for analysis, implying non-selected frames are discarded without further processing to save resources), [0045], [0047].
10. Kiraly discloses the system of claim 1, wherein the instructions, when executed by the at least one processor, cause the at least one processor to define, in response to the event, a window of time that includes the time of the event (i.e. predicts capture windows timed around the detected event), wherein selection of the plurality of image frames is based on the window of time, and wherein each of the plurality of image frames is captured within the window of time (i.e. captures occur within the defined window), [0039]-[0041].
11. Kiraly discloses the system of claim 1, wherein the instructions, when executed by the at least one processor, cause the at least one processor to permit at least one image frame of the second images to be discarded without processing the at least one image frame for evaluation of the performance of the player in performing the action (i.e. non-selected frames discarded), wherein the plurality of image frames immediately precedes the at least one image frame (i.e. selected frames precede later discarded ones in the buffered sequence), [0036], [0038], [0045], [0047].
15-19, 21, 24, 25, 29. Kiraly discloses a player monitoring method for efficient processing of player performance data, comprising: capturing, with a first sensor, first images of a player playing or practicing a sporting game in a playing space, the first sensor having a first resolution and a first frame rate; capturing, with a second sensor, second images of the player playing or practicing the sporting game in the playing space, the second sensor having a second resolution greater than the first resolution or a second frame rate greater than the first frame rate; buffering the second images; analyzing, with at least one processor, the first images to detect an event in the first images, wherein the event is a launch of an object by the player, determining, with the at least one processor based on the first images, a time of the event, selecting, with the at least one processor based on the determined time and in response to detection of the event in the first images, a plurality of image frames of the second images for evaluation of a performance of the player in performing an action associated with the event; analyzing, with the at least one processor, the plurality of image frames selected by the selecting: based on the analyzing, assessing body motion associated with movement of a body part of the player while launching the object: evaluating the performance of the player in performing the action based on the assessing; and providing feedback indicative of a performance of the player in playing or practicing the sporting game as similarly discussed above.
31. Kiraly discloses the system of claim 10, wherein the instructions, when executed by the at least one processor, cause the at least one processor to discard at least one frame of the second images based on the window of time thereby reducing an amount of data processed by the at least one processor for evaluating the performance of the player in performing the action (i.e. non-selected frames discarded), and wherein the discarded at least one frame is associated with a time outside of the window of time (i.e. selected frames precede later discarded ones in the buffered sequence), [0036], [0038], [0045], [0047].
33. Kiraly discloses the system of claim 10, wherein the window of time is from a predefined amount of time prior to the event to a predefined amount of time after the event [0039]-[0040], [0051], [0053].
34. Kiraly discloses the system of claim 1, wherein the first images and the second images overlap in time (the multi-sensor embodiment expressly teaches concurrent/parallel operation of the two sensors. The high-frame-rate detection sensor runs continuously while the high-resolution sensor remains active and captures overlapping images in real time), [0039]-[0041] and Fig. 5.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
Conclusion
THIS ACTION IS MADE FINAL. 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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seng H Lim/Primary Examiner, Art Unit 3715
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