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 .
Status of Claims
Claims 1, 2, 4-9 and 11-13 are rejected under 35 U.S.C.103 rejection.
Claim 3 is a canceled claim.
Claim 10 is an objected claim.
Remarks
Applicant’s arguments filed 02/06/2026, with respect to pending the claims have been fully considered and are directed to claims as amended. The arguments addressed to the 101 rejection are persuasive, but the arguments are not persuasive with respect to 103 rejection.
Claim Analysis – 35 USC § 101
The new 2019 Revised Patent Subject Matter Eligibility Guidance published in the Federal register (Vol. 84 No.4, Jan 7, 2019 pp 50-57) has been applied and the claims are deemed as being patent eligible. In particular, in the prong 1 analysis claims 1, 11 and 12 contain an abstract idea. However, they also claim a practical application of electronic device under prong 2 analysis.
In claims 1, 11 and 12, the additional elements/ steps: “electronic device to worn on an arm; detector configured to detect acceleration component on three axes that are orthogonal to each other” which is a tangible, physical device, and which add a significant additional element, integrating the claim into a practical application of determining a form of exercise. Thus claims 1, 11 and 12 are deemed patent eligible under 35 USC 101. Claims 2-10 and 13 are dependent claims of claim 1 and they are directed to the practical application of the parent claim and are also patent eligible under 35 USC 101.
35 USC § 102/103 Rejections
Arguments
The Applicant argues (Page 7, lines 28-31):
“Accordingly, Ohyama, taken individually or in combination with Wu and Baxter, does not teach or suggest splitting the acceleration components on the three axes into: (i) a first acceleration component that is an acceleration component on a first axis selected from the three axes, and (ii) a second acceleration component that is a component of a sum of the acceleration components of two axes other than the first axis.”
The Examiner respectfully disagrees, because Ohyama teaches the separating the vertical component and the horizontal component of the acceleration occurring on a user (See para [0050]), as well Ohyama teaches the removing U (vertical components) from component from the acceleration vector (Ae, An, Au), and can also acquire a vertical component (Ae) of the acceleration vector by extracting the U component from the acceleration vector (Ae, An, Au), the vector (An, Vu) what is corresponds to the sum of the acceleration components of two axis (see Fig. 2) and other than first axis, which removes Ae (see Fig. 2, Ae is vertical component).
Claim Rejections - 35 USC § 103
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.
Claims 1, 2, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (JP2018514755A), hereinafter Wu in view of Baxter (CA3147712), [hereinafter Baxter] and Ohyama (US Pub.20190323840A1), [hereinafter Ohyama].
Regarding Claims 1, 11, and 12, Wu discloses an electronic device to be worn on an arm of a user, the electronic device comprising:
a detector (Fig. 1, # 130 (wireless receivers), Fig. 3, # 100, mobile device 100 include a Global Navigation Satellite System (GNSS) receiver 170 receives satellite positioning system (SPS) signals 174 (e.g., from SPS satellites) via an SPS antenna 172, para [0023], [0028], [0029] and [0030] and see para [0031], where sensors 150 may include a magnetometer, a solid state compass, a gyroscope, and a pressure sensor. In one example, another sensor 150 can be used to detect arm swing motion and arm swing cycle, e.g., the sensors data corresponds to the exercise information) configured to detect acceleration components on three axes that are orthogonal to each other(para [0031], where the accelerometer 140 may include a three-axis accelerometer, e.g., three-axis accelerometer measures acceleration along three mutually orthogonal axes); and
a controller, configured to (Fig. 1, # 110 portion),
determine, base on the arm swing direction of the user, a form of an exercise of the user (Figures 6A-6c, para [0040], where accelerometer 140 may detect arm swing through a change in direction at the opposite end of the swing), The detection of arm swing is corresponds to the form of an exercise of the user.
e.g., in embodiment described above, determination of the direction of the arm swing and determination of the grounding leg were made as to the determination of the form of the user’s movement of the user’s movement. The control portion 110 may perform a form analysis (a form of the movement is displayed in animation, etc.) of the movement of the user’s movement based on the determined information on the arm swinging or the grounding leg. Furthermore, the control portion 110 may transmit the determined arm swings, the ground-engaging feet, the form analysis results, etc. to other devices (smart watches, smartphones, etc.) via the communication portion 150 to be displayed on the display portion of the other devices).
Wu does not disclose:
split the acceleration components on the three axes into a first acceleration
component that is an acceleration component on a first axis selected from the three axes, and a second acceleration component that is a component of a sum of the acceleration components of two axes other than the first axis;
acquire, based on the first acceleration component and the second acceleration
component, a horizontal velocity;
determine, based on the horizontal velocity as a determination value, an arm
swing direction of the user.
Ohyama discloses split the acceleration components on the three axes into a first acceleration component (para [0050], where FIGS. 5 to 7. Embodiment 2 is different from Embodiment 1 in the method for separating the vertical component and the horizontal component of the acceleration occurring on a user) that is an acceleration component on a first axis selected from the three axes, and a second acceleration component that is a component of a sum of the acceleration components of two axes other than the first axis and a second acceleration component that is a component of a sum of the acceleration components of two axes other than the first axis (Fig. 2, para [0029], where coordinate system converter 12 can acquire a horizontal component (An, Au) of the acceleration vector by removing the U component from the acceleration vector (Ae, An, Au) in the ENU coordinate system and can also acquire a vertical component (Ae) of the acceleration vector by extracting the U component from the acceleration vector (Ae, An, Au) in the ENU coordinate system, e.g., removing vertical component from the sum of three component is equally to the sum of two component corresponding to the horizontal acceleration component of Ae and Au and component of Au is other axis component), and acquires, based on the first acceleration component and the second acceleration component, the horizontal velocity( See Fig. 2, and para [0029], para [0074], where the vector calculator (15, 26) calculates a velocity vector from a horizontal component (Fig. 2, Ae and An) of the acceleration in the stable measurement period).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to splits the acceleration components on the three axes into a first acceleration component and second acceleration component as taught by Ohyama in combination of Wu and Baxter in order to with higher accuracy determine the travelling direction.
Baxter discloses determine, based on the horizontal velocity as a determination value (Claim 2, where obtaining horizontal velocity estimates (S234, to S328) which involves integration and filtering of acceleration data in horizontal axes), also Baxter estimating a step length of a user based on orthogonal motion (see Abstract), e.g., Baxter determines the horizontal velocity for walking step, not for arm swing direction.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to acquires a horizontal velocity in the corresponding direction, as taught by Baxter for arm swing direction of the user of Wu in order to more accurately detect the location of the person.
Regarding Claim 11, comprising the similar limitations of claim 1.
Additionally Wu discloses, claim 11 disclose an arm swing direction determination method performed by an information processing device (para [0060]).
Regarding Claim 12, comprising the similar limitations of claims 1 and 11.
Additionally, Wu disclose claim 11 disclose a non-transitory recording medium storing a program that causes a controller (para [0074], where machine-readable medium that tangibly embodies the instructions may be used in performing the methods).
Regarding Claim 2, Wu discloses the electronic device according to claim 1, wherein the detector is configured to detect, as an exercise information (Figures 6A-6c, para [0040], where accelerometer 140 may detect arm swing through a change in direction at the opposite end of the swing), acceleration components on three axes that are orthogonal to each other (para [0031], where the accelerometer 140 may include a three-axis accelerometer, e.g., three-axis accelerometer measures acceleration along three mutually orthogonal axes).
Wu does not disclose: the controller is configured to: acquire, based on the acceleration components on the three axes detected by the detector, the horizontal velocity that is a horizontal velocity component, and
with the acquired horizontal velocity as a determination value determine based on the determination value, the arm swing direction of the user.
Wu discloses the detect arm swing through h[ a change in direction] (by detecting the walking rate) (see para [0040]), but does not discloses acquired horizontal velocity as a determination value determine based on the determination value, an arm swing direction of the user.
Baxter discloses acquired horizontal velocity as a determination value determine based on the determination value(Claim 2 , where obtaining horizontal velocity estimates (S234, to S328) which involves integration and filtering of acceleration data in horizontal axes), also Baxter estimating a step length of a user based on orthogonal motion (see Abstract), e.g., Baxter determines the horizontal velocity for walking step, not for arm swing direction.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to acquires a horizontal velocity in the corresponding direction, as taught by Baxter for arm swing direction of Wu in order to more accurately detect the location of the person.
Further, Baxter disclose the controller is configured to acquire based on the acceleration components on the three axes detected by the detector(Page 9, lines 1-5, where comprise a multi-axis (e.g. three orthogonal axes) accelerometer for measuring Linear acceleration in different directions, gyroscope for measuring rotation around Three different axes and magnetometers for measuring the magnetic field in different direction (although any suitable inertial sensors may be used)), a horizontal velocity that is a horizontal velocity component (Claim 2 , where obtaining horizontal velocity estimates (S234, to S328)).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to acquires a horizontal velocity in the corresponding direction, as taught by Baxter for arm swing direction of Wu in order to more accurately detect the location of the person.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Baxter and Ohyama, as applied to the claim 1 and further in view of Sharma et al., (US Pub.20210005071)[hereinafter Sharma].
Regarding Claim 4, Wu and Baxter and Ohyama discloses the electronic device according to claim 1, Wu and Baxter and Ohyama do not disclose wherein the controller is configured to calculates, based on a first leveling signal obtained by cutting high-frequency components greater than or equal to a first reference frequency in a first signal that is a signal expressing chronological data of the first acceleration component and a second leveling signal obtained by cutting the high-frequency components greater than or equal to the first reference frequency in a second signal that is a signal expressing chronological data of the second acceleration component, a horizontal acceleration, and
Wu and Ohyama do not disclose acquire the horizontal velocity from the calculated horizontal acceleration.
Baxter discloses acquire the horizontal velocity (Claim 2 , where obtaining horizontal velocity estimates (S234, to S328)), from the calculated horizontal acceleration (S234, to S328) which involves integration and filtering of acceleration data in horizontal axes).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to acquires a horizontal velocity as taught by Baxter into Wu in order to more accurately detect the location of the person.
Sharma discloses the controller is configured to: calculates, based on a first leveling signal obtained by cutting high-frequency components greater than or equal to a first reference frequency in a first signal that is a signal expressing chronological data of the first acceleration component and a second leveling signal obtained by cutting the high-frequency components greater than or equal to the first reference frequency in a second signal that is a signal expressing chronological data of the second acceleration component, a horizontal acceleration(para [0230], where a filtered acceleration signal can be, for example, an acceleration signal having one or more channels (e.g., x-channel, y-channel, and/or z-cannel), with high-frequency content removed (e.g., greater than a particular threshold frequency), e.g., high frequency content remove, e.g., first leveling signal corresponds to the acceleration signal in the z channel, second corresponds to the acceleration signal in the x channel; the reference frequency correspond to the particular threshold frequency).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to provide cutting high-frequency components, as taught by Sharma in combination of Wu and Baxter and Ohyama in order to remove unwanted high-frequency components (noise).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Baxter, Ohyama, and Sharma as applied to the claim 4 and further in view of
Zhao et al.,( CN103505219A), [hereinafter Zhao].
Regarding Claim 5, Wu and Baxter and Ohyama and Sharma discloses the electronic device according to claim 4, but do not disclose wherein
the controller is configured to acquire the horizontal velocity from a leveling horizontal signal obtained by cutting high-frequency components greater than or equal to a second reference frequency in a signal expressing chronological data of the horizontal acceleration.
Zhao discloses the controller is configured to acquire the horizontal velocity from a leveling horizontal signal obtained by cutting high-frequency components greater than or equal to a second reference frequency in a signal expressing chronological data of the horizontal acceleration (Claim 8, where using low-pass filtering algorithm, filtering the high frequency noise interference signal in three-dimensional acceleration signal, the time-frequency transform is the changed into frequency domain signals through a time domain acceleration signal of the low-pass filter so as to obtain frequency information of the acceleration signal, the integral is, the acceleration signal filter for one time and level, integrating operation in the vertical direction to obtain the evaluation speed and horizontal displacement in the vertical direction).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to provide cutting high-frequency components, and acquiring the horizontal displacement with evaluation speed, as taught by Zhao in combination of Wu and Baxter and Ohyama and Sharma in order to better evaluating human body gait information, and risk of falling of the old people is evaluated.
Claim 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Baxter, Ohyama, Sharma and Zhao, as applied to the claim 5 and further in view of Tsur et al., (US Pub.20220111257A1), hereinafter Tsur.
Regarding Claim 6, the combined system applied above disclose the electronic device according to claim 5, but do not disclose wherein the controller is configured to calculate a horizontal acceleration moving average that is a moving average of the leveling horizontal signal, and
acquire the horizontal velocity by integrating a value obtained by subtracting the horizontal acceleration moving average from the leveling horizontal signal.
Tsur discloses the controller is configured to calculate a horizontal acceleration moving average that is a moving average of the leveling horizontal signal, and
acquire the horizontal velocity by integrating a value obtained by subtracting the horizontal acceleration moving average from the leveling horizontal signal (para [0316], where the average acceleration is subtracted from the accelerations and integrated t over the segment to get velocities; then the average velocity is subtracted from the velocities and integrated over the segment to get the displacement).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to acquires the horizontal velocity, as taught by Tsur in combined system above in order to better evaluating human body gait information, and risk of falling of the old people is evaluated.
Regarding Claim 7, the combined system applied above disclose the electronic device according to claim 6, further Tsur discloses wherein the controller is configured to calculate a horizontal velocity moving average that is a moving average of the horizontal velocity, and sets a value obtained by subtracting the horizontal velocity moving average from the horizontal velocity as the determination value(Fig. 3, where horizontal displacement, para [0316], where the average acceleration is subtracted from the accelerations and integrated t over the segment to get velocities; then the average velocity is subtracted from the velocities and integrated over the segment to get the displacement).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to calculates a horizontal velocity, as taught by Tsur in combined system above in order to better evaluating human body gait information, and risk of falling of the old people is evaluated.
Claims 8, 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Baxter, and Ohyama as applied above and further in view of Chuang (US 10049595B1), hereinafter Chuang.
Regarding Claim 8, Wu and Baxter and Ohyama discloses the electronic device according to claim 2, but do not disclose wherein the controller is configured to determine, based on at least the determined arm swing direction, a ground contact foot of the user.
Chuang discloses the controller is configured to determine, based on at least the determined arm swing direction, a ground contact foot of the user (Col. 14, line 52-55, Fig. 5 and 6, where the output of sensors 40 at sensor unit 4 is processed to determine the time at which a stride begins and ends by determining when a runner's foot impacts the ground, when a runner's foot leaves the ground, and when a runner's foot is stationary relative to the ground. By analyzing various changes in measured accelerations, the controller 44 or controller 18 may compute the stride direction and duration and information corresponding thereto, such as stride frequency; for, the Fig. 5, the 534 arrow show arm forward direction, see Col. 17, lines 9-13, where arrow 534 indicates a forward direction of acceleration of the sensor unit 2 (i.e., the runner left arm 542).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to determine arm swing direction, a ground contact foot of the user, as taught by Chuang in combination of Wu and Baxter and Ohyama in order to better evaluating human body gait information.
Regarding Claim 9, Wu and Baxter and Ohyama and Chuang discloses the electronic device according to claim 8, but Wu and Baxter and Ohyama do not disclose wherein the controller is configured to detect a timing of a ground contact of a foot of the user, and determine, based on the detected timing of the ground contact and the determined arm swing direction, the ground contact foot of the user.
Chuang discloses the controller is configured to detect a timing of a ground contact of a foot of the user, and determine, based on the detected timing of the ground contact and the determined arm swing direction, the ground contact foot of the user (Col. 14, line 52-55, Fig. 5 and 6, where the output of sensors 40 at sensor unit 4 is processed to determine the time at which a stride begins and ends by determining when a runner's foot impacts the ground, when a runner's foot leaves the ground, and when a runner's foot is stationary relative to the ground. By analyzing various changes in measured accelerations, the controller 44 or controller 18 may compute the stride direction and duration and information corresponding thereto, such as stride frequency; for, the Fig. 5, the 534 arrow show direction forward of the arm, see Col. 17, lines 9-13, where arrow 534 indicates a forward direction of acceleration of the sensor unit 2 (i.e., the runner left arm 542). As shown in FIG. 5, the forward direction is the direction in which runner 1 is running); (Col. 8, lines 9-15, where on the ground (left “maximum contact”) and end the moment the left foot leaves the ground (left “liftoff”). (2) Midflight phase after left launch is the span of time during which both feet are off of the ground following left liftoff).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to determine timing of ground contact foot of the user, as taught by Chuang in combination of Wu and Baxter and Ohyama in order to better evaluating human body gait information.
Regarding Claim 13, Wu and Baxter and Ohyama discloses the electronic device according to claim 2, further Wu discloses:
wherein the controller is configured to determine, based on the exercise information detected by the detector, the arm swing direction of the user(Figures 6A-6c, para [0040], where accelerometer 140 may detect arm swing through a change in direction at the opposite end of the swing).
Wu and Baxter and Ohyama do not disclose detect a timing of a ground contact of a foot of the user; determine, based on the determined arm swing direction of the user and the detected timing of the ground contact, a ground contact foot of the user; and determine, based on the exercise information in a period from the detected timing of the ground contact to a timing of a next ground contact, whether a foot on a same side as the arm on which the electronic device is worn is making ground contact.
Chuang discloses detect a timing of a ground contact of a foot of the user;
determine, based on the determined arm swing direction of the user and the
detected timing of the ground contact, a ground contact foot of the user (Col. 14, line 52-55, Fig. 5 and 6, where the output of sensors 40 at sensor unit 4 is processed to determine the time at which a stride begins and ends by determining when a runner's foot impacts the ground, when a runner's foot leaves the ground, and when a runner's foot is stationary relative to the ground. By analyzing various changes in measured accelerations, the controller 44 or controller 18 may compute the stride direction and duration and information corresponding thereto, such as stride frequency; for, the Fig. 5, the 534 arrow show direction forward of the arm, see Col. 17, lines 9-13, where arrow 534 indicates a forward direction of acceleration of the sensor unit 2 (i.e., the runner left arm 542). As shown in FIG. 5, the forward direction is the direction in which runner 1 is running); (Col. 8, lines 9-15, where on the ground (left “maximum contact”) and end the moment the left foot leaves the ground (left “liftoff”). (2) Midflight phase after left launch is the span of time during which both feet are off of the ground following left liftoff);
determine, based on the exercise information in a period from the detected timing of the ground contact to a timing of a next ground contact(Figures 5 and 6, Col. 14, line 52-55, Fig. 5 and 6, where the output of sensors 40 at sensor unit 4 is processed to determine the time at which a stride begins and ends by determining when a runner's foot impacts the ground, when a runner's foot leaves the ground, and when a runner's foot is stationary relative to the ground), whether a foot on a same side as the arm on which the electronic device is worn is making ground contact(see Fig. 5 # 534, 516, where ground food on same side with arm waring the electronic device, Col. 17, lines 9-13, where arrow 534 indicates a forward direction of acceleration of the sensor unit 2 (i.e., the runner left arm 542).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants' invention was made to determine period from the detected timing of the ground contact, as taught by Chuang in combination of Wu and Baxter and Ohyama in order to better evaluating human body gait information.
Objection
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
1) Examiner note regarding the prior art of the record:
Regarding Claim 10,
Chuang discloses the controller is configured to determine that a foot on a same side as the wearing arm is making ground contact when(Fig. 5 and 6) in a period from the detected timing of the ground contact to a timing of a next ground contact(Col. 14, line 52-55, where the output of sensors 40 at sensor unit 4 is processed to determine the time at which a stride begins and ends by determining when a runner's foot impacts the ground, when a runner's foot leaves the ground, and when a runner's foot is stationary relative to the ground. By analyzing various changes in measured accelerations, the controller 44 or controller 18 may compute the stride direction and duration and information corresponding thereto, such as stride frequency); (Col. 8, lines 9-15, where on the ground (left “maximum contact”) and end the moment the left foot leaves the ground (left “liftoff”). (2) Midflight phase after left launch is the span of time during which both feet are off of the ground following left liftoff).
Ota (JP2016220923A) discloses (In this example, as the third feature amount, a feature amount that reflects the degree of difference between the temporally forward step time and the temporally backward step time of the entire walking period is calculated. general, the larger the degree of difference between the step time closer to the front and the step time closer to the rear...), e.g., Ota discloses degree of difference between the temporally forward step time and the temporally backward step time of the entire walking period is calculated, but Ota does determine values of difference between forward and backward time step, and Ota does not disclose determination value takes a positive value is greater than an amount of time in which the determination value takes a negative value.”
The prior art of record does not teach or fairly suggest a method of testing having the steps of “an amount of time in which the determination value takes a positive value is greater than an amount of time in which the determination value takes a negative value.”
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.
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/KALERIA KNOX/
Examiner, Art Unit 2857
/ANDREW SCHECHTER/Supervisory Patent Examiner, Art Unit 2857
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