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 .
Status of Claims
This office action is in response to arguments and amendments entered on August 4, 2025 for the patent application 18/459,757 filed on September 1, 2023. Claims 1, 18 and 19 are amended. Claims 1-20 are pending. The first office action of February 4, 2025 is fully incorporated by reference into this Final Office Action.
Claim Rejections - 35 USC § 101
35 U.S.C. § 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1 – “Statutory Category Identification”
Claims 1 and 18 are directed to “a sport training device” (i.e. a machine); and claim 19 is directed to “a sport training method” (i.e. a process), hence the claims are directed to one of the four statutory categories (i.e. process, machine, manufacture, or composition of matter). In other words, Step 1 of the subject-matter eligibility analysis is “Yes.”
Step 2A, Prong 1 “Abstract Idea Identification”
However, the claims are drawn to an abstract idea of “sports training,” in the form of “certain methods of organizing human activity,” in terms of managing personal behavior or relationships or interactions between people (including social activities, teaching and following rules or instructions), or reasonably in the form of “mental processes,” in terms of processes that can be performed in the human mind (including an observation, evaluation, judgement or opinion). Regardless, the claims are reasonably understood as either “certain methods of organizing human activity” or “mental processes,” which require the following limitations:
“receive data indicative of the movement of the user relative to the piece of athletic equipment and
determine a head position of the user during the movement of the user relative to the piece of athletic equipment, and
output whether the head of the user was raised; and
display the symbol to the user in order to prompt an action by the user.”
These limitations simply describe a process of data gathering and manipulation, which is partially analogous to “collecting information, analyzing it, and displaying certain results of the collection analysis” (i.e. Electric Power Group, LLC, v. Alstom, 830 F.3d 1350, 119 U.S.P.Q.2d 1739 (Fed. Cir. 2016)). Hence, these limitations are akin to an abstract idea which has been identified among non-limiting examples to be an abstract idea. In other words, Step 2A, Prong 1 of the subject-matter eligibility analysis is “Yes.”
Step 2A, Prong 2 – “Practical Application”
Furthermore, the applicants claimed elements of “a piece of athletic equipment,” “an electronic display,” “a movement sensor,” “a controller,” and “a remote device,” are merely claimed to generally link the use of a judicial exception (e.g., pre-solution activity of data gathering and post-solution activity of presenting data) to (1) a particular technological environment or (2) field of use, per MPEP §2106.05(h); and are applying the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, per MPEP §2106.05(f). In other words, the claimed “sports training,” is not providing a practical application, thus Step 2A, Prong 2 of the subject-matter eligibility analysis is “No.”
Step 2B – “Significantly More”
Likewise, the claims do not include additional elements that either alone or in combination are sufficient to amount to significantly more than the judicial exception because to the extent that, e.g. “a piece of athletic equipment,” “an electronic display,” “a movement sensor,” “a controller,” and “a remote device,” are claimed, these are generic, well-known, and conventional data gather computing elements. As evidence that these are generic, well-known, and a conventional data gathering computing elements (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known, the Applicant’s specification discloses these in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a), per MPEP § 2106.07(a) III (a). As such, this satisfies the Examiner’s evidentiary burden requirement per the Berkheimer memo.
Specifically, the Applicant’s claimed “a piece of athletic equipment,” is described in para. [0042], as follows: “[0042] Referring now to the drawings and, more particularly to FIGS. 1-3, FIG. 1 shows an embodiment 10 of the present training systems; FIG. 2 shows a schematic front view of an embodiment of a display 14 with a strap 18 shown in an open configuration; and FIG. 3 shows a schematic top view of display 14 illustrating how strap 18 may be wrapped around a piece of athletic equipment 22. In this embodiment, equipment 22 is a football tackling dummy; however, in other embodiments, equipment 22 can comprise any piece of athletic equipment for or with which it may be beneficial to train players to maintain their head/gaze in a particular orientation and/or to maintain their attention at a particular time or place in a sequence of action or events when interacting with the equipment. When the piece of athletic equipment is a punching bag, the display can depict a number as or before the player is about to hit the punching bag. When the piece of athletic equipment is a soccer goal, the display can depict a number as or before the player is about to kick a ball into the goal. When the piece of athletic equipment is a pole or other structure supporting a basketball hoop, the display can depict a number as or before the player dribbles the ball. In some instances, the piece of athletic equipment may not typically be used in the sport for which it is used with the present systems and methods for training; for example, the piece of athletic equipment may be a stand or support that simply supports the display, and the display can depict a number as or before a player dribbles a basketball. In other instances, the strap may encircle a human torso (e.g., around the chest of a coach).” This broadly describes any sporting equipment commercially available today.
Continuing, the Applicant’s claimed “a movement sensor,” is described in para. [0111], as follows: “A movement sensor 440 of the sport training device 400 may be configured to detect a movement of the user relative to the piece of athletic equipment 422. The movement sensor 440 may comprise any appropriately desired movement sensor 440 configured to detect an action of a user. For example, the movement sensor 440 can include a motion capture camera, a proximity sensor, and other appropriately desired sensors.” This broadly describes a plurality of generic computer input components commercially available today.
Likewise, the Applicant’s claimed “controller” and “electronic display,” are described in paras. [0046] and [0112], as follows: “[0046] Controller 38 can comprise, for example, a smartphone (e.g., an iPhone, an Android smartphone, and/or the like), a tablet computer (e.g., an iPad, an Android tablet computer, and/or the like), a desktop computer, and/or the like.”
“[0112] the controller 438 may be in communication with the electronic display 414 and/or one or more modules of the electronic display 414.” This broadly describes a plurality of generic computer components/devices commercially available today.
Finally, the Applicant’s claimed “a remote device,” is described in para. [0113], as follows: “The remote device 450 may include any appropriately desired remote device 450. For example, the remote device 450 may include a controller and/or a handheld device 38, such as described above.” This also broadly describes any generic computer device commercially available today.
As such, these elements are reasonably interpreted as typical sporting equipment as well as generic computers having generic computer components, all of which provide no details of anything beyond ubiquitous standard off-the-shelf equipment. Therefore, the claimed limitations of “a piece of athletic equipment,” “an electronic display,” “a movement sensor,” “a controller,” and “a remote device,” are reasonably understood as not providing anything significantly more. Therefore, Step 2B, of the subject-matter eligibility analysis is “No.”
In addition, dependent claims 2-17 and 20 do not provide a practical application and are insufficient to amount to significantly more than the judicial exception. As such, dependent claims 2-17 and 20 are also rejected under 35 U.S.C. § 101, based on their respective dependencies to claim 1 or 19. Therefore, claims 1-20 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject-matter.
Claim Rejections - 35 USC § 102
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.
Claims 1-8, 12-15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailly, et al., (hereinafter referred to as “Bailly,” US 2016/0346609).
Regarding claim 1, and substantially similar limitations in claims 2, 18 and 19, Bailly discloses a sport training device for a user of athletic equipment, comprising:
a piece of athletic equipment (see para. [0136] In some aspects of the present disclosure, the USB device (and/or device assembly) may communicate with one or more sensors engaged with and/or operatively connected to a piece of athletic equipment.);
an electronic display coupled to the piece of athletic equipment, wherein the electronic display is configured to display a symbol to the user (see para. 0141]: In this illustrated example, the portable computing device 1711 includes the data transmitter/receiver element (not shown) as well as display device 1712 (including a video/alphanumeric display device 1722 and audio speaker 1724) and user input device 1721. The remote device 1711 further includes a band member 1214, e.g., for attachment to a user's clothing, body, or equipment.) wherein the electronic display is configured to display a symbol to the user (see para. [0120]: In some aspects of the present disclosure, the surface of a housing for a receiver member may include a symbol, graphic image, text, or other suitable indicator to indicate (or identify) the various operational features or monitoring capabilities provided by the one or more electronic components included therein; see para. [0180]: In other aspects of the present disclosure, as depicted by display screen 2010 in the example embodiment depicted in FIG. 22B, the interface display screen may display indicia 2220 (e.g., symbol, graphic, indicator, etc.);
a movement sensor (see para. [0080]: the USB device and/or an operatively connected electronic component (e.g., a sensor, another USB device, etc.) configured to detect a movement of the user relative to the piece of athletic equipment (see para. [0075]: Element 130 of FIG. 1 shows an example sensory location which may be associated with a physical apparatus, such as a sensor, data acquisition unit, or other device. Yet in other embodiments, it may be a specific location of a body portion or region that is monitored, such as via an image capturing device (e.g., image capturing device 118); see para. [0080]: In other aspects of the present disclosure, a controller of the USB device may communicate with a computing device executing software configured to control the USB device and/or to record and display performance data collected by the USB device and/or an operatively connected electronic component (e.g., a sensor, another USB device, etc.). see para. [0136]: In some aspects of the present disclosure, the USB device (and/or device assembly) may communicate with one or more sensors engaged with and/or operatively connected to a piece of athletic equipment. The USB device may be configured to receive sensor data collected by the one or more sensors associated with the piece of athletic equipment; see para. [0141]: As described above with respect to FIG. 1, aspects of the present disclosure relate to systems and methods that may be utilized across a plurality of networks. In this regard, certain embodiments may be configured to adapt to dynamic network environments. FIG. 17 illustrates an example of a performance monitoring system 1700 in accordance with example embodiments. Example system 1700 includes a USB device assembly 1716, a remote computing device 1720, and portable computing device 1711 and may also include one or more interconnected networks. In some aspects of the present disclosure, portable computing device (1711 may be programmed and adapted to perform various functions in conjunction with USB device 1716 in accordance with examples of the present disclosure. In this illustrated example, the portable computing device 1711 includes the data transmitter/receiver element (not shown) as well as display device 1712 (including a video/alphanumeric display device 1722 and audio speaker 1724) and user input device 1721); and
a controller (see para. [0141]: portable computing device (1711 may be programmed and adapted to perform various functions in conjunction with USB device 1716) in communication with the movement sensor (see para. [0008]: According to a further aspect of the present disclosure, the USB connector may be fixedly attached to the housing of the electronic module, resulting in a USB-type device. The USB device may be used as part of a device assembly wherein the USB device is attached to a receiver member and/or a carrier. In some embodiments, the USB device may include one or more additional components, such that the USB device is wearable by the user. In addition, and as will be described in more detail below, the USB device may include a controller (or other suitable device unit) that communicates with a sensor to record and monitor athletic performance as an overall athletic performance monitoring system; see para. [0141]: As described above with respect to FIG. 1, aspects of the present disclosure relate to systems and methods that may be utilized across a plurality of networks. In this regard, certain embodiments may be configured to adapt to dynamic network environments. FIG. 17 illustrates an example of a performance monitoring system 1700 in accordance with example embodiments. Example system 1700 includes a USB device assembly 1716, a remote computing device 1720, and portable computing device 1711 and may also include one or more interconnected networks. In some aspects of the present disclosure, portable computing device (1711 may be programmed and adapted to perform various functions in conjunction with USB device 1716 in accordance with examples of the present disclosure. In this illustrated example, the portable computing device 1711 includes the data transmitter/receiver element (not shown) as well as display device 1712 (including a video/alphanumeric display device 1722 and audio speaker 1724) and user input device 1721),
wherein the controller is configured to receive data from the movement sensor indicative of the movement of the user relative to the piece of athletic equipment (see para. [0136]: Additionally, as depicted in the example embodiment depicted in FIG. 16E, the USB device 1670 can also be attached to various other types of apparel or items, such as bracelets, rings, armbands, necklaces, and the like. For example, as shown in FIG. 16E, USB device assembly 1670 may be attached to an armband 1671, or placed within a pocket of armband 1671. As another example, USB device 1675 may be engaged with an aperture of wristband 1672 that is configured to receive a communication connector of USB device 175, such that the USB device 1675 is secured to a user's wrist when the wristband 1672 is worn. As yet another example, USB device 1676 may be engaged with an aperture of ring 1673 such that the USB device 1676 is secured to a user's finger when the ring 1673 is worn. As discussed above, such USB devices (and./or device assemblies) may be configured to monitor various aspects of user movement during an athletic performance, and sensors within and/or operatively connected to said USB devices may be configured to record performance data based on the one or more physical movements of a user during the athletic performance; see para. [0141]: As described above with respect to FIG. 1, aspects of the present disclosure relate to systems and methods that may be utilized across a plurality of networks. In this regard, certain embodiments may be configured to adapt to dynamic network environments. FIG. 17 illustrates an example of a performance monitoring system 1700 in accordance with example embodiments. Example system 1700 includes a USB device assembly 1716, a remote computing device 1720, and portable computing device 1711 and may also include one or more interconnected networks. In some aspects of the present disclosure, portable computing device (1711 may be programmed and adapted to perform various functions in conjunction with USB device 1716 in accordance with examples of the present disclosure. In this illustrated example, the portable computing device 1711 includes the data transmitter/receiver element (not shown) as well as display device 1712 (including a video/alphanumeric display device 1722 and audio speaker 1724) and user input device 1721. The remote device 1711 further includes a band member 1214, e.g., for attachment to a user's clothing, body, or equipment. Of course, any desired type of system may be provided for attaching this remote device 1711 to another object, if desired, including bands of different types (e.g., various types of watch-type bands), chains or other neck engaging devices, clips, clamps, clasps, mechanical fasteners, and the like.) and determine a head position of the user of the user relative to the piece of athletic equipment, and the controller is configured to output whether the head of the user was raised (see para. [0055]: Information from one or more devices (across one or more networks) may be used to provide (or be utilized in the formation of) a variety of different parameters, metrics or physiological characteristics including but not limited to: motion parameters, such as speed, acceleration, distance, steps taken, direction, relative movement of certain body portions or objects to others, or other motion parameters …); see para. [0076] FIG. 5 shows illustrative locations for sensory input (see, e.g., sensory locations 130a-130o). In this regard, sensors may be physical sensors located on/in a user's clothing, yet in other embodiments, sensor locations 130a-130o may be based upon identification of relationships between two moving body parts. For example, sensor location 130a may be determined by identifying motions of user 124 with an image-capturing device, such as image-capturing device 118. Thus, in certain embodiments, a sensor may not physically be located at a specific location (such as one or more of sensor locations 130a-130o), but is configured to sense properties of that location, such as with image-capturing device 118 or other sensor data gathered from other locations. In this regard, the overall shape or portion of a user's body may permit identification of certain body parts. Regardless of whether an image-capturing device is utilized and/or a physical sensor located on the user 124, and/or using data from other devices, (such as sensory system 302), device assembly 400 and/or any other device or sensor disclosed herein or known in the art is utilized, the sensors may sense a current location of a body part and/or track movement of the body part. In one embodiment, sensory data relating to location 130m may be utilized in a determination of the user's center of gravity (a.k.a, center of mass). For example, relationships between location 130a and location(s) 130f/130l with respect to one or more of location(s) 130m-130o may be utilized to determine if a user's center of gravity has been elevated along the vertical axis (such as during a jump) or if a user is attempting to “fake” a jump by bending and flexing their knees. In one embodiment, sensor location 1306n may be located at about the sternum of user 124. Likewise, sensor location 130o may be located approximate to the naval of user 124. In certain embodiments, data from sensor locations 130m-130o may be utilized (alone or in combination with other data) to determine the center of gravity for user 124. In further embodiments, relationships between multiple sensor locations, such as sensors 130m-130o, may be utilized in determining orientation of the user 124 and/or rotational forces, such as twisting of user's 124 torso. Further, one or more locations, such as location(s), may be utilized as (or approximate) a center of moment location. For example, in one embodiment, one or more of location(s) 130m-130o may serve as a point for a center of moment location of user 124. In another embodiment, one or more locations may serve as a center of moment of specific body parts or regions.)
Per claim 18 and 2, a remote device (see paras. [0141] and [0143]: a remote computing device 1720) configured to receive data from the controller including a head position of the user during the movement of the user relative to the piece of athletic equipment, and wherein the remote device is configured to display the data from the controller (see para. [0141]: As described above with respect to FIG. 1, aspects of the present disclosure relate to systems and methods that may be utilized across a plurality of networks. In this regard, certain embodiments may be configured to adapt to dynamic network environments. FIG. 17 illustrates an example of a performance monitoring system 1700 in accordance with example embodiments. Example system 1700 includes a USB device assembly 1716, a remote computing device 1720, and portable computing device 1711 and may also include one or more interconnected networks. In some aspects of the present disclosure, portable computing device (1711 may be programmed and adapted to perform various functions in conjunction with USB device 1716 in accordance with examples of the present disclosure. In this illustrated example, the portable computing device 1711 includes the data transmitter/receiver element (not shown) as well as display device 1712 (including a video/alphanumeric display device 1722 and audio speaker 1724) and user input device 1721. The remote device 1711 further includes a band member 1214, e.g., for attachment to a user's clothing, body, or equipment; see para. [0143]: If desired, user input and/or other data or information accepted and/or generated by the remote device 1711 may be transmitted back to the USB device 1716, e.g., via a data transmission/reception element (not shown). Alternatively or additionally, if desired, user input or other data or information generated by the remote device 1711 may be sent to the USB device 1716 and/or to one or more other remote systems (e.g., remote system 1720) via an input/output system (e.g., a data transmission line, a wireless transmission system, an internet connection, etc.). The remote system 1720 may take on any desired form without departing from the present disclosure, such as a computer or computing system, a remote display device, another data transmission system, or the like. If desired, communication directly between the remote system 1720 and the USB device 1716 may be enabled (without the need to pass through the intermediate remote device 1711). Connections between the remote system 1720, remote device 1711, and/or the USB device 1716 may take on any desired form, as described above with respect to FIG. 1, such as wired or wireless connections, and the data may be transferred in any desired form or format without departing from the present disclosure).
Regarding claim 3, Bailly discloses wherein the remote device is configured to display the data from the controller (see para. [0143]: If desired, user input and/or other data or information accepted and/or generated by the remote device 1711 may be transmitted back to the USB device 1716, e.g., via a data transmission/reception element (not shown). Alternatively or additionally, if desired, user input or other data or information generated by the remote device 1711 may be sent to the USB device 1716 and/or to one or more other remote systems (e.g., remote system 1720) via an input/output system (e.g., a data transmission line, a wireless transmission system, an internet connection, etc.). The remote system 1720 may take on any desired form without departing from the present disclosure, such as a computer or computing system, a remote display device, another data transmission system, or the like.).
Regarding claim 4, Bailly discloses wherein the remote device comprises a server (see FIG. server 11; see para. [0056]: System 100 may be configured to transmit and/or receive athletic data, including the parameters, metrics, or physiological characteristics collected within system 100 or otherwise provided to system 100. As one example, WAN 106 may comprise server 111).
Regarding claim 5, Bailly discloses wherein the data from the controller is retrievable from the server (see para. [0056]: System 100 may be configured to transmit and/or receive athletic data, including the parameters, metrics, or physiological characteristics collected within system 100 or otherwise provided to system 100. As one example, WAN 106 may comprise server 111. Server 111 may have one or more components of system 200 of FIG. 2. In one embodiment, server 111 comprises at least a processor and a memory, such as processor 206 and memory 212. Server 111 may be configured to store computer-executable instructions on a non-transitory computer-readable medium. The instructions may comprise athletic data, such as raw or processed data collected within system 100. System 100 may be configured to transmit data, such as energy expenditure points, to a social networking website or host such a site. Server 111 may be utilized to permit one or more users to access and/or compare athletic data. As such, server 111 may be configured to transmit and/or receive notifications based upon athletic data or other information).
Regarding claim 6, Bailly discloses wherein the symbol displayed by the electronic display is changeable using the remote device (see para. [0120]: In some aspects of the present disclosure, the surface of a housing for a receiver member may include a symbol, graphic image, text, or other suitable indicator to indicate (or identify) the various operational features or monitoring capabilities provided by the one or more electronic components included therein; see para. [0180]: In other aspects of the present disclosure, as depicted by display screen 2010 in the example embodiment depicted in FIG. 22B, the interface display screen may display indicia 2220 (e.g., symbol, graphic, indicator, etc.);
Regarding claim 7, Bailly discloses wherein the electronic display is activated using the remote device (see para. [0143]: If desired, user input and/or other data or information accepted and/or generated by the remote device 1711 may be transmitted back to the USB device 1716, e.g., via a data transmission/reception element (not shown). Alternatively or additionally, if desired, user input or other data or information generated by the remote device 1711 may be sent to the USB device 1716 and/or to one or more other remote systems (e.g., remote system 1720) via an input/output system (e.g., a data transmission line, a wireless transmission system, an internet connection, etc.). The remote system 1720 may take on any desired form without departing from the present disclosure, such as a computer or computing system, a remote display device, another data transmission system, or the like. If desired, communication directly between the remote system 1720 and the USB device 1716 may be enabled (without the need to pass through the intermediate remote device 1711). Connections between the remote system 1720, remote device 1711, and/or the USB device 1716 may take on any desired form, as described above with respect to FIG. 1, such as wired or wireless connections, and the data may be transferred in any desired form or format without departing from the present disclosure).
Regarding claim 8, Bailly discloses further comprising a second sensor in communication with the controller, the second sensor configured to monitor a member selected from a group consisting of a speed of the user, a distance of the user from the piece of athletic equipment, and combinations thereof (see para. [0139]: As discussed above, in other aspects of the present disclosure, a first USB device may be in communication with and/or operatively connected to a second USB device and/or an electronic device (e.g., sensor 12) provided as a component of the performance monitoring system 10 to sense or provide data or information relating to a wide variety of different types of parameters, such as physical and/or physiological data associated with use of the second USB device (and/or sensor 12); or a performance of the user, such as pedometer type speed and/or distance information, other speed and/or distance data sensor information, temperature, altitude, barometric pressure, humidity, GPS data, accelerometer output or data, heart rate, pulse rate, blood pressure, body temperature, EKG data, EEG data, etc., and this data may be stored in memory and/or made available, for example, for transmission by the transmission/reception system 937 to some another computing device and/or a remote location or system. In some aspects of the present disclosure, USB device 16 may include one or more electronic devices (e.g., sensors) to monitor and/or record the various types of performance parameters, as described above and herein.)
Regarding claim 12, Bailly discloses further comprising an alerting device in communication with the controller, wherein the controller is configured to activate the alerting device to prompt an action from the user (see para. [0056]: Server 111 may be utilized to permit one or more users to access and/or compare athletic data. As such, server 111 may be configured to transmit and/or receive notifications based upon athletic data or other information; see para. [0176]: The device 1800 (or other computing device) may distribute performance data of a current and/or previous monitoring session and the message to another computing device.
Regarding claim 13, Bailly discloses wherein the alert is based on a proximity of the user to the piece of athletic equipment as detected by the movement sensor, wherein the user is prompted to raise the user’s head in proximity of the piece of athletic equipment (see para. 0057]: In one embodiment, display device 116 may provide audio-visual cues to athlete 124 to perform a specific athletic movement. The audio-visual cues may be provided in response to computer-executable instruction executed on computer device 114 or any other device, including a device of BAN 102 and/or WAN. Display device 116 may be a touchscreen device or otherwise configured to receive a user-input).
Regarding claim 14, Bailly discloses wherein the alert comprises a member selected from a group consisting of a visual alert, an auditory alert, and combinations thereof (see para. 0057]: In one embodiment, display device 116 may provide audio-visual cues to athlete 124 to perform a specific athletic movement. The audio-visual cues may be provided in response to computer-executable instruction executed on computer device 114 or any other device, including a device of BAN 102 and/or WAN. Display device 116 may be a touchscreen device or otherwise configured to receive a user-input.
Regarding claims 15 and 20, Bailly discloses wherein the piece of athletic equipment comprises a piece of athletic equipment used in a sport selected from a group consisting of football, basketball, soccer, boxing, and combinations thereof (see para. [0062]: User 124 may be associated with (e.g., possess, carry, wear, and/or interact with) any number of devices, such as portable device 112, shoe-mounted device 126, wrist-worn device 128 and/or a sensing location, such as sensing location 130, which may comprise a physical device or a location that is used to collect information. One or more devices 112, 126, 128, and/or 130 may not be specially designed for fitness or athletic purposes. Indeed, aspects of this disclosure relate to utilizing data from a plurality of devices, some of which are not fitness devices, to collect, detect, and/or measure athletic data. In certain embodiments, one or more devices of BAN 102 (or any other network) may comprise a fitness or sporting device that is specifically designed for a particular sporting use. As used herein, the term “sporting device” includes any physical object that may be used or implicated during a specific sport or fitness activity. Exemplary sporting devices may include, but are not limited to: golf balls, basketballs, baseballs, soccer balls, footballs, powerballs, hockey pucks, weights, bats, clubs, sticks, paddles, mats, and combinations thereof. In further embodiments, exemplary fitness devices may include objects within a sporting environment where a specific sport occurs, including the environment itself, such as a goal net, hoop, backboard, portions of a field, such as a midline, outer boundary marker, base, and combinations thereof.)
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bailly.
Regarding claim 9, Bailly discloses wherein the movement of the user relative to the piece of athletic equipment is detected (see para. [0066]: These devices may be configured to monitor athletic movements of a user. It is to be understood that they may detect athletic movement during user's 124 interactions with computer device 114 and/or operate independently of computer device 114 (or any other device disclosed herein).
Bailly does not explicitly teach wherein the electronic display is configured to stop displaying the symbol. However, wherein the electronic display is configured to stop displaying the symbol is an obvious intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art is capable of performing the intended use, it meets the claim. In this case, wherein the electronic display is configured to stop displaying the symbol when the movement of the user relative to the piece of athletic equipment is detected, describes an intended use of the claimed apparatus and not limiting structure; see MPEP 2111.02.11).
Regarding claim 10, Bailly discloses wherein the remote device is configured to receive additional data from the user by the user indicating the symbol displayed to the user at the electronic display (see para. [0054]: In further embodiments, I/O devices 116-122 may be used to provide an output (e.g., audible, visual, or tactile cue) and/or receive an input, such as a user input from athlete 124).
Regarding claim 11, Bailly does not explicitly teach wherein the remote device is configured to determine if the additional data matches the symbol displayed at the remote device. However, wherein the remote device is configured to determine if the additional data matches the symbol displayed at the remote device is an obvious intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art is capable of performing the intended use, it meets the claim. In this case, wherein the remote device is configured to determine if the additional data matches the symbol displayed at the remote device, describes an intended use of the claimed apparatus and not limiting structure; see MPEP 2111.02.11).
Response to Arguments
The Applicant’s arguments filed on August 4, 2025 related to claims 1-20 are fully considered, but are not persuasive.
OBJECTIONS TO THE DRAWINGS
The Applicant respectfully argues “Applicant submits herewith Replacement Drawing sheets for FIGS. 1-3 that comply with 37 CFR 1.84(b)(1) by providing drawings of sufficient quality so that all details are reproducible in the printed patent. The replacement drawings eliminate the use of screenshots/clip art and instead provide proper technical drawings that meet USPTO standards for patent illustrations. Applicant respectfully requests that the drawing objection be withdrawn.”
The Examiner respectfully agrees. As such, the argument is persuasive. Therefore, the drawing objections are withdrawn.
OBJECTIONS TO THE CLAIMS
The Applicant respectfully argues “Claims 19-20 were objected to for a minor informality, more specifically, a typographical error. Claim 19 was object to because it contained two articles before a limitation (i.e. “aa movement sensor’). Claim 19 has been amended herein to correct this typographical error. Applicant respectfully requests that the claim objection be withdrawn.”
The Examiner respectfully agrees. As such, the argument is persuasive. Therefore, the claim objection to claims 19-20 is withdrawn.
REJECTIONS UNDER 35 U.S.C. § 101
CLAIMS ARE ELIGIBLE UNDER FIRST STEP, 2A, PRONG 1 OF THE FRAMEWORK
The Applicant respectfully argues “Applicant respectfully submits that the claimed invention is not directed to an abstract idea of “sports training” as characterized by the Examiner under either “certain methods of organizing human activity” or “mental processes.” The Examiner incorrectly characterizes the invention as falling under “managing personal behavior or relationships or interactions between people” or as “processes that can be performed in the human mind.” However, the claims require specific hardware integration including a movement sensor configured to detect movement relative to athletic equipment, a controller that processes sensor data to determine head position during athletic movements, an electronic display coupled to athletic equipment for synchronized feedback, and a remote device for data analysis and training management. This is not merely data gathering and display, but rather a coordinated system that provides real-time biomechanical analysis and feedback during athletic training.
What is more, the claimed invention is not directed to 'mental processes’ as characterized by the Examiner. The Examiner suggests the claims involve 'processes that can be performed in the human mind (including an observation, evaluation, judgement or opinion),' but the claims do not simply observe, evaluate, make a judgement, or opinion, as the human mind would perform. Rather, the claims provide a system that uses objective sensor data to automatically determine head position through technical means such as motion capture cameras, proximity sensors, and facial recognition modules that capture precise positional data during athletic movements. The controller processes this objective sensor data to determine whether proper form was maintained, providing coaches and athletes with concrete, measurable feedback based on collected technical data rather than subjective human observation. The claimed invention addresses the specific technological problem of militating against head and neck injuries in contact sports through real- time monitoring and feedback of head position during athletic movements based on objective measurements.
For yet these reasons, the claims do not recite an abstract idea under Step 2A, prong 1. Accordingly, the claims do not recite an abstract idea under Step 2A, prong 1, and the rejection under 35 U.S.C. §101 must respectfully be withdrawn.”
The Examiner respectfully disagrees. It is worth noting in MPEP §2106 under “II. Certain Methods Of organizing Human Activity,” certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. As applied in this case, a person interacting with a computer for “providing user feedback on receiving simulated phishing communications,” reasonably constitutes identifying the Applicant’s claims as an abstract idea in the form of “certain methods of organizing human activity.”
Likewise, with respect to mental processes, actual mental performance of the abstract idea is not required, Further, the MPEP § 2106.04(a)(2)(III)(C) states that “claims can recite a mental process even if they are claimed as being performed on a computer” and that “examiners should review the specification to determine if the claimed invention is described as a concept that is performed in the human mind and Applicant is merely claiming that concept performed 1) on a generic computer, or 2) in a computer environment, or 3) is merely using a computer as a tool to perform the concept. In these situations, the claim is considered to recite a mental process.” In the present case, the claim limitations perform steps that are performed on a generic computer and/or computer environment, and merely uses a computer as a tool to perform the concept. As such, the argument is not persuasive.
CLAIMS ARE ELIGIBLE UNDER FIRST STEP, 2A, PRONG 2, OF THE FRAMEWORK
The Applicant respectfully argues “In the alternative, Applicant respectfully submits that the claims further recite additional elements that integrate the abstract idea into a “practical application” under the first step, 2A, prong 2 of the revised guidelines in the Memorandum. More specifically, the claims apply or use the judicial exception in a manner similar to effecting a particular treatment for a medical condition, as described in MPEP 2106.04(d)(2).
Applicant's claimed invention provides a method for effectively militating against injury of the user during a sport as the system recites elements that force the user to keep their head up and gaze directed towards the electronic display to recognize the symbol depicted on the electronic display. The specification explains that head or neck injuries in football frequently occur when players initiate contact with the crown of their helmet, and that the tackling or blocking player's spine can be partially severed, resulting in paralysis, such as paraplegia or quadriplegia, and/or death. The system provides real-time monitoring of head position during athletic activities to militate against serious injuries by ensuring proper form is maintained.”
The Examiner respectfully disagrees. “Militating against injury of the user during a sport,” is not the same as “effecting a particular treatment for a medical condition.” As such, the argument is not persuasive.
The Applicant respectfully argues “The claimed invention provides objective, automated assessment of athletic technique rather than relying solely on subjective human observation. The controller automatically determines head position and outputs whether proper form was maintained, providing coaches and athletes with concrete, measurable feedback. Applicant respectfully observes that the claims recite the coupling of the electronic display to the piece of athletic equipment, which emphasizes the integration into a practical application, as coupling the electronic display to the equipment forces the user to keep their head up to directly see the symbol displayed while maintaining their head in a specific orientation to militate against head injury, effectively providing training to militate against a medical accident, akin to prophylactically treating a medical condition. Applicant respectfully contends that this amounts to additional elements that integrate the claimed concept into a practical application — militating against head injuries based upon the particularly claimed system configuration and use thereof. For this reason, the claims recite elements that integrate the concept into a practical application under Step 2A, prong 2.
It should also be appreciated that the claims also integrate the elements into a practical application by implementing a judicial exception with, or using a judicial exception in conjunction with, a particular machine that is integral to the claim. The controller and the position of the electronic display, as claimed, specifically achieve performance of the method as they directly communicate with one another and with the user to militate against head injury to the user. The claims require specific integration with athletic equipment, transforming training equipment into intelligent monitoring systems. This practical application goes far beyond abstract data processing to provide real-world safety and training benefits.
For yet these reasons, the claims recite elements that integrate the concept into a practical application under Step 2A, prong 2, and the rejection under 35 U.S.C. §101 must be withdrawn.”
The Examiner respectfully disagrees. The Applicant’s argument is misguided as to the proper analysis of a “Practical Application” as required under Step 2A, Prong 2. Specifically, the Applicant’s argument appears to describe claimed utility, which is not the test. Instead, the Applicant’s claims are not considered a “Practical Application,” because the claims do not provide any of the following:
• An improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a);
• Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, as discussed in MPEP § 2106.04(d)(2);
• Implementing a judicial exception with, or using a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, as discussed in MPEP § 2106.05(b);
• Effecting a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP § 2106.05(c); and
• Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception, as discussed in MPEP § 2106.05(e).
Furthermore, there are also several factors that reasonably explain that the Applicant’s claims are not indicative of integration into a practical application, which include:
• Merely reciting the words "apply it" (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f);
• Adding insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g); and
• Generally linking the use of a judicial exception to a particular technological environment or field of use, as discussed in MPEP § 2106.05(h).
Here, the Applicant’s claims are not providing any technological advancement as described in the first five bulleted factors and, as described above in the rejection, the Applicant’s claims are merely claimed to use a computer as a tool to perform an abstract idea and to generally link the use of a judicial exception to a particular technological environment or field of use. As such, the argument is not persuasive.
CLAIMS ARE ELIGIBLE UNDER SECOND STEP, 2B, OF THE FRAMEWORK
The Applicant respectfully argues “Contrary to the Examiner's characterization, the claims require specific hardware c