DETAILED ACTION
This action is in response to the application filed on September 21, 2023. Claim 1 is pending and have been examined.
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 .
Priority
Receipt is acknowledged that application claims priority to foreign application with application number KR10-2022-0128476 dated October 07, 2022. Copies of certified papers required by 37 CFR 1.55 have been received. Priority is acknowledged under 35 USC 119(e) and 37 CFR 1.78.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 21, 2023 is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because the abstract should be limited to a single paragraph preferably within the range of 50 to 150 words in length. The abstract should not exceed 15 lines of text. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
posture recognition module (105) configured to recognize in independent claim 1
image storage control module (109) configured to automatically perform control to store the posture image in independent claim 1
image storage control module (110) configured to configured to store the posture image by automatic control of the image storage control module (109) in independent claim 1
user balance analysis module (111) configured to perform a posture balance analysis of the user in independent claim 1
object analyzer (105a) configured to recognize an object of the user in independent claim 1
walking-in-place recognizer (105b) configured to recognize walking of the user in place in independent claim 1
neck movement recognizer (105c) configured to recognize neck movement of the user in independent claim 1
pupil recognizer (105d) configured to recognize eye closure and eye opening of the user in independent claim 1
user balance analysis module (111) in independent claim 1
shoulder distortion analyzer (111a) configured to analyze presence and a degree of shoulder distortion of the user in independent claim 1
pelvic distortion analyzer (111b) configured to analyze presence and a degree of pelvic distortion of the user in independent claim 1
leg length analyzer (111c) configured to compare and analyze lengths of both legs of the user in independent claim 1
arm length analyzer (111d) configured to compare and analyze lengths of both arms of the user in independent claim 1
user balance analysis result feedback module (113) configured to select the posture correction method information, the lifestyle attitude information, and the exercise information for posture correction stored in the feedback information database (112) in independent claim 1
hand gesture recognition module (103) configured to recognize hand gestures of the user using the camera module (102) in independent claim 1
video guide output module (104) configured to output a video guide for explaining actions for posture diagnosis according to a hand gesture recognized by the hand gesture recognition module (103) through the smart mirror (101) in independent claim 1
image storage control module (109) is configured to perform control to start storing the posture image according to a hand gesture recognized by the hand gesture recognition module (103) in independent claim 1
re-recognition control module (107) configured to control the image storage control module (109) to cancel and restart storage of a posture image related to current walking in place or neck movement according to the user command recognized by the microphone module (106) in independent claim 1
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Section IV. of §2181 reads: DETERMINING WHETHER 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, FIRST PARAGRAPH SUPPORT EXISTS
“When a claim containing a computer-implemented 35 U.S.C. 112(f) claim limitation is
found to be indefinite under 35 U.S.C. 112(b) for failure to disclose sufficient corresponding structure (e.g., the computer and the algorithm) in the specification that performs the entire claimed function, it will also lack written description under section 112(a). See MPEP § 2163.03, subsection VI. Examiners should further consider whether the disclosure contains sufficient information regarding the subject matter of the claims as to enable one skilled in the pertinent art to make and use the full scope of the claimed invention in compliance with the enablement requirement of section 112(a). See MPEP § 2161.01, subsection III, and MPEP § 2164.08.”
The disclosure merely mentions the “posture recognition module; image storage module; user balance analysis module; object analyzer; walking-in-place recognizer; neck movement analyzer; pupil recognizer; shoulder distortion analyzer; pelvic distortion analyzer; leg length analyzer; arm length analyzer; user balance analysis result feedback module; feedback information module; hand gesture recognition module; video guide output module; re-recognition control module;” in Paragraphs [0025]-[0054], “a smart mirror 101, a camera module 102, and a hand gesture recognition module 103, a video guide output module 104, a posture recognition module 105, a microphone module 106, a re-recognition control module 107, a speaker module 108, an image storage control module 109, an image storage module 110, a user balance analysis module 111, a feedback information database 112, and a user balance analysis result feedback module 113,” “The posture recognition module 105 may be configured to recognize the posture image generated by the camera module 102,” “The object analyzer 105a may be configured to recognize an object of the user in the posture image,” “The walking-in-place recognizer 105b may be configured to recognize walking of the user in place based on a recognition result of the object analyzer 105a,” “The neck movement recognizer 105c may be configured to recognize neck movement of the user based on the recognition result of the object analyzer 105a,” “The pupil recognizer 105d may be configured to recognize eye closure and eye opening of the user based on the recognition result of the object analyzer 105a,” “The re-recognition control module 107 may be configured to control the image storage control module 109 to cancel and restart storage of a posture image related to current walking in place or neck movement according to the user command recognized by the microphone module 106,” “The image storage control module 109 may automatically perform control to store the posture image,” “The image storage module 110 may be configured to store the posture image by automatic control of the image storage control module 109,” “The user balance analysis module 111 may be configured to perform a posture balance analysis of the user using the posture image stored in the image storage module 110,” “The user balance analysis module 111 may be configured to include a shoulder distortion analyzer 111a, a pelvic distortion analyzer 111b, a leg length analyzer 111c, and an arm length analyzer 111d,” “The shoulder distortion analyzer 111a may be configured to analyze presence and the degree of shoulder distortion of the user,” “The pelvic distortion analyzer 111b may be configured to analyze presence and the degree of pelvic distortion of the user,” “The leg length analyzer 111c may be configured to compare and analyze lengths of both legs of the user,” “The arm length analyzer 111d may be configured to compare and analyze lengths of both arms of the user,” “The feedback information database 112 may be configured so that posture correction method information, lifestyle attitude information, and exercise information for posture correction according to the posture balance analysis of the user balance analysis module 111 are stored therein,” “The user balance analysis result feedback module 113 may be configured to select the posture correction method information, the lifestyle attitude information, and the exercise information for posture correction stored in the feedback information database 112 based on a result of the posture balance analysis of the user performed by the user balance analysis module 111 and to feed back, to a user terminal 200, the result of the posture balance analysis, and the selected posture correction method information, lifestyle attitude information, and exercise information for posture correction,” “The user may perform correction training in front of the smart mirror 101 using corresponding feedback information,” “The user balance analysis result feedback module 113 may recommend medical treatment when the result of the posture balance analysis of the user balance analysis module 111 does not meet a standard value.” Thus, the device or material performing the functionality, as well as the claimed functionality lack written description.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Section II of §2181 reads: II. DESCRIPTION NECESSARY TO SUPPORT A CLAIM LIMITATION WHICH INVOKES 35 U.S.C. 112(f) or Pre-AIA 35 U.S.C. 112, SIXTH PARAGRAPH
A. The Corresponding Structure Must Be Disclosed In the Specification Itself in a Way
That One Skilled In the Art Will Understand What Structure Will Perform the Recited
Function
The proper test for meeting the definiteness requirement is that the corresponding
structure (or material or acts) of a means- (or step-) plus-function limitation must be disclosed in the specification itself in a way that one skilled in the art will understand what structure (or material or acts) will perform the recited function. See Atmel Corp. v. Information Storage Devices, Inc., 198 F.3d 1374, 1381, 53 USPQ2d 1225, 1230 (Fed. Cir. 1999).
As can be seen from the citations of the specification (the mere mention in the
specification), and the written description failing to contain sufficient information regarding the subject matter of the claims as to enable one skilled in the pertinent art to make and use the full scope of the claimed invention, the specification fails to set forth the corresponding structure, material, or acts in compliance with 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, and the claim limitation cannot "be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. Regarding Claim 1, “posture recognition module; image storage module; user balance analysis module; object analyzer; walking-in-place recognizer; neck movement analyzer; pupil recognizer; shoulder distortion analyzer; pelvic distortion analyzer; leg length analyzer; arm length analyzer; user balance analysis result feedback module; feedback information module; hand gesture recognition module; video guide output module; re-recognition control module;” thereof do not appear in the specification.
The limitations of independent claim 1, includes “an image storage control module (109) configured to automatically perform control to store the posture image; an image storage module (110) configured to store the posture image by automatic control of the image storage control module (109); the posture image stored in the image storage module (105).” The limitation is interpreted as there is a first image storage module (109) and a second image storage module (110). The first image storage module automatically perform control to store the posture image and the second image storage device to store the posture image by automatic control of the first image storage device. The format for the image storage devices should be “a first image storage device” and “a second image storage device.” It is unclear how the posture image is stored in image storage module (105) as (105) corresponds to a posture recognition module.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al, KR 102360284 in view of Choi et al, KR 20220037556 in view of Ji et al, KR 20160112703 in view of Lemire et al, US 10500438 in view of Nahm et al, KR 20190044952 in view of Kurbanova et al, US 20210132795 in view of Zamir et al, US 20170296874 in view of Uchiyama et al, JP 2009105816 in view of Yu et al, WO 2020153662 in view of Lee J et al, KR20220073598 in view of Lee H et al, KR 20220108284 and in further view of Yagi et al, US 20180078184.
Regarding claim 1, Kim teaches
a posture analysis system (see Kim, Abstract, “the system for the intelligent healthcare includes: an image detection unit; a posture estimation unit;”) using a smart mirror (see Kim, Fig. 1, and Paragraph [0026], “a smart mirror (200)”) and a camera (see Kim, Paragraph [0033], “a camera device (not shown)”), the posture analysis system comprising: a smart mirror (101) configured to reflect a posture of a user (see Kim, Paragraph [0007], “when a user uses a smart mirror, the purpose is to detect the user's body information, estimate the posture”);
a camera module (102) configured to photograph the posture of the user and generate a posture image (see Kim, Paragraph [0033], “a camera device (not shown) to recognize a user positioned in front of the display screen, and the user may be photographed through the camera device, and the user may check the image (video) in real time to maintain an accurate exercise posture”);
a posture recognition module (105) (see Kim, Paragraph [0057], “a posture analysis unit (320)”) configured to recognize the posture image generated by the camera module (102)(see Kim, Paragraph [0062], “the posture estimation unit (320) according to one embodiment of the present invention can perform a function of providing posture estimation information through two dimensional or three-dimensional posture analysis using deep learning-based human pose estimation among the detected human body detection information”);
an image storage control module (109) configured to automatically perform control to store the posture image (see Kim, Paragraph [0046], “the user terminal device (400) in the form of a convenient smartphone can utilize his/her own related information stored in the smart mirror (200) and the intelligent healthcare system (300) without time and space restrictions, without limitations in spatial accessibility to information”);
an image storage module (110) configured to store the posture image by automatic control of the image storage control module (109)(see Kim, Paragraph [0086, “the control unit (390) according to the present invention can control the flow of data from the outside or between each component of the intelligent healthcare system (300)”]);
and a user balance analysis module (111) configured to perform a posture balance analysis of the user using the posture image stored in the image storage module (105) (see Kim, Paragraph [0077], “a module for providing diagnosis
information that can view and visualize diagnosis information such as frozen shoulder and
trunk imbalance”),
wherein the posture recognition module (105) comprises: an object analyzer (105a) configured to recognize an object of the user in the posture image (see Kim, Paragraph [0060], “by performing data preprocessing such as adjusting the size of the image data to fit the object detection module”);
a neck movement recognizer (105c) configured to recognize neck movement of the user based on the recognition result of the object analyzer (105a) (see Kim, Paragraph [0120], “the peak frame search process (S720) can be performed, and the peak frame of the position and angle of the body joint part (neck, shoulder, waist, knee, ankle, etc.) can be analyzed. For each major body part such as the neck, shoulders, waist, knees, and ankles, the distance from the center of the body (the center coordinates of the body detected) can be calculated, and if the calculated distance gets closer or further away, the minimum frame can be registered”);
wherein the user balance analysis module (111) comprises: a shoulder distortion analyzer (111a) configured to analyze presence and a degree of shoulder distortion of the user (see Kim, Paragraph [0120], “the peak frame search process (S720) can be performed, and the peak frame of the position and angle of the body joint part (neck, shoulder, waist, knee, ankle, etc.) can be analyzed. For each major body part such as the neck, shoulders, waist, knees, and ankles, the distance from the center of the body (the center coordinates of the body detected) can be calculated, and if the calculated distance gets closer or further away, the minimum frame can be registered”);
wherein the posture analysis system further comprises: a feedback information database (112) in which posture correction method information, lifestyle attitude information, and exercise information for posture correction according to the posture balance analysis of the user balance analysis module (111) are stored (see Kim, Paragraph [0084], “the database (370) according to one embodiment of the present invention may be a storage device capable of storing image information, human body information, posture estimation information, avatar information, exercise information, suspected disease information, health information, and shared information,” the database (370) is considered to be a feedback information database);
and (see Kim, Paragraph [0086], “posture estimation information”), the lifestyle attitude information (see Kim, Paragraph [0086], “suspected disease information, health information,”), and the exercise information (see Kim, Paragraph [0086], “exercise information”) for posture correction stored in the feedback information database (112) based on a result of the posture balance analysis of the user performed by the user balance analysis module (111)
and a video guide output module (104) configured to output a video guide for explaining actions for posture diagnosis according to a hand gesture recognized by the hand gesture recognition module (103) through the smart mirror (101) (see Kim, Paragraph [0142], “Referring to FIG. 11, (a) the screen is an example of a 'coaching mode' that helps the user (10) exercise, and is a service that allows the user to watch and follow the movements by matching 1:1 with the exercise video. When the user selects an exercise in the app of the smartphone, which is the user terminal device (400), and the video starts, the smart mirror (200) can be displayed in conjunction with the smart mirror (200) through the intelligent healthcare system (300) provided in the smart mirror (200). At this time, by utilizing AI motion recognition technology, the accuracy of the motion of each body part of the user (10) can be measured in real time to provide a posture guide, and as shown, information such as the number of times exercised, accuracy, and ranking can be provided”),
and wherein the user balance analysis result feedback module (113) recommends medical treatment when the result of the posture balance analysis of the user balance analysis module (111) does not meet a standard value (see Kim, Paragraph [0145], “Referring to FIG. 12, as an example of a 'report mode' that provides information analyzing the exercise performed by the user (10) and the results, through analysis of my health data and exercise record data, for example, exercise time, accuracy, goal achievement rate, level, trend, and monthly/weekly analysis, it is possible to provide a service that provides effective exercise recommendations and continuous health management and health data linkage with other mobile app services”).
Kim does not expressively teach
a walking-in-place recognizer (105b) configured to recognize walking of the user in place based on a recognition result of the object analyzer (105a);
However, Choi in a similar invention in the same field of endeavor teaches
a walking-in-place recognizer (105b) configured to recognize walking of the user in place based on a recognition result of the object analyzer (105a) (see Choi, Paragraph [0147], “As shown in (c) of Fig. 5a, when the type of movement of the sub-image being played corresponds to ‘walking in place’, the control unit (130) can control the color density of the graphic image of the brain output in the movement effect information (530) to be displayed dimly because the difficulty of the brain movement is low,” the color density of the graphic image of the brain output is considered to be a recognition result);
The combination of Kim and Choi are analogous art because they are both in the same field of endeavor of smart healthcare and posture analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for a control unit to display the color density of the graphic image of the brain output corresponding to walking in place in system for providing customized exercise videos of Choi in the system for intelligent healthcare based on a smart mirror of Kim to provide a user-customized system that considers the user's physical ability at home or at the gym using the user's own electronic device (for example, a smartphone) or smart healthcare device (smart mirror, smart TV, etc.) (see Choi, Paragraph [0009]).
Kim in view of Choi does not expressively teach
and a pupil recognizer (105d) configured to recognize eye closure and eye opening of the user based on the recognition result of the object analyzer (105a),
However, Ji in a similar invention in the same field of endeavor teaches
and a pupil recognizer (105d) configured to recognize eye closure and eye opening of the user based on the recognition result of the object analyzer (105a) (see Ji, Paragraph [0022], “The iris recognition module (13a) operates the camera (12) in response to a request to operate an iris recognition-based posture correction app on a mobile smart device through the user's input/output unit (11) to recognize the distance (L1) and position (L2, L3, a2) of the iris in the user's eye. Here, the position (L2) represents the distance formed by the camera (12) from the point where the virtual line extending in the direction of the visual field of the recognized iris toward the input/output unit (11) touches the input/output unit (11), as shown in FIG. 2, the position (L3) is the distance from the camera (12) to the virtual line extending from the center point of the recognized iris, and the position (a2) represents the size of the angle between the positions (L2) and (L3) described above. In addition, the iris distance (L1) represents the vertical distance from the center point of the visual direction of the recognized iris to the plane of the input/output unit (11)” the iris recognition module is considered to be the pupil recognizer as a pupil is located within the center of the iris),
The combination of Kim, Choi, and Ji are analogous art because they are all in the same field of endeavor of smart posture analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include an iris recognition module that operates a camera on a mobile smart device and recognizing the distance and position of the user’s eye in the method for correction of posture based on iris recognition of Ji in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi to provide an effect of inducing a correct posture by a user by implementing a UI screen until the direction and position of the screen of the mobile smart device and the user's gaze are corrected (see Ji, Paragraph [0015]).
Kim in view of Choi in view of Ji does not expressively teach
a pelvic distortion analyzer (111b) configured to analyze presence and a degree of pelvic distortion of the user;
However, Lemire in a similar invention in the same field of endeavor teaches
a pelvic distortion analyzer (111b) configured to analyze presence and a degree of pelvic distortion of the user (see Lemire, Col 6, Lines 15-16, “Assess for pelvic shift, buckling on support limb or Trendelenburg sign”);
The combination of Kim, Choi, Ji, and Lemire are analogous art because they are all in the same field of endeavor of smart posture analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to access for pelvic shift in the method of Lemire in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi in view of Ji to permit an analysis of the user's postural alignment (see Lemire, Col 1, Lines 45-47).
Kim in view of Choi in view of Ji in view of Lemire does not expressively teach
a leg length analyzer (111c) configured to compare and analyze lengths of both legs of the user; and an arm length analyzer (111d) configured to compare and analyze lengths of both arms of the user,
However, Nahm in a similar invention in the same field of endeavor teaches
a leg length analyzer (111c) configured to compare and analyze lengths of both legs of the user; and an arm length analyzer (111d) configured to compare and analyze lengths of both arms of the user (see Nahm, Paragraph [0018], “the step of measuring the user's body dimensions may include a step of measuring the length of the user's torso, both arms, and both legs by recognizing each joint of the user's head, torso, arms, and legs through machine learning-based motion-specific joint position information and basic motion inspection”),
The combination of Kim, Choi, Ji, Lemire, and Nahm are analogous art because they are all in the same field of endeavor of smart posture analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to measure a user’s body dimension by measuring the length of both arms and legs in the method for analyzing a real time exercise motion using a smart mirror of Nahm in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi in view of Ji in view of Lemire to improve the reliability and accuracy of exercise motion evaluation (see Nahm, Paragraph [0009]).
Kim in view of Choi in view of Ji in view of Lemire in view of Nahm does not expressively teach
a user balance analysis result feedback module (113), and to feed back, to a user terminal (200), the result of the posture balance analysis, the posture correction method information, the lifestyle attitude information, and the exercise information for posture correction
However, Kurbanova in a similar invention in the same field of endeavor teaches
a user balance analysis result feedback module (113), and to feed back, to a user terminal (200), the result of the posture balance analysis, the posture correction method information, the lifestyle attitude information, and the exercise information for posture correction (see Kurbanova, Fig. 14, 1420 user receives real time feedback and Paragraph [0060], “At operation 1414, the device 1400 displays real time feedback of user health and also suggests improvements in the form of at least one of posture, mental thoughts, emotion, and movement,” 1414 is considered to be a user balance analysis result feedback module),
The combination of Kim, Choi, Ji, Lemire, Nahm, and Kurbanova are analogous art because they are all in the same field of endeavor of smart posture analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for a user to receive real time feedback with suggested improvements in the form of at least one of posture, mental thoughts, emotion, and movement in the method for providing smart mirror and tabletop devices of Kurbanova in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi in view of Ji in view of Lemire in view of Nahm to improve feedback provided to the user (see Kurbanova, Paragraph [0061]).
Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova does not expressively teach
wherein the posture analysis system further comprises: a hand gesture recognition module (103) configured to recognize hand gestures of the user using the camera module (102);
wherein the image storage control module (109) is configured to perform control to start storing the posture image according to a hand gesture recognized by the hand gesture recognition module (103)
However, Zamir in a similar invention in the same field of endeavor teaches
wherein the posture analysis system further comprises: a hand gesture recognition module (103) configured to recognize hand gestures of the user using the camera module (102) (see Zamir Paragraph [0027], “The 3D depth camera may also be used to provide intuitive control and interaction with the wellness mirror 102, such as by supporting different hand gestures, voice interaction, and face recognition capabilities”);
wherein the image storage control module (109) is configured to perform control to start storing the posture image according to a hand gesture recognized by the hand gesture recognition module (103) (see Zamir, Paragraph [0033], “when the user approaches the wellness mirror he is recognized by the integrated camera and the mirror activates, enabling interactions using voice and hand gestures. When initiated, two captures of the user are taken (front and back) along with automatic pulse and breathing measurements, after which his measures, height and high order biometrics are automatically calculated, stored and compared with past scans”)
The combination of Kim, Choi, Ji, Lemire, Nahm, Kurbanova, and Zamir are analogous art because they are all in the same field of endeavor of smart body analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for when a user approaches the wellness mirror, interactions are enabled using voice and hand gestures to capture the user in the method for providing a wellness mirror of Zamir in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova for earlier diagnosis, helpful feedback, or other useful information (see Zamir, Paragraph [0003]).
Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir does not expressively teach
and to end storage of the posture image when the pupil recognizer (105d) recognizes the eye opening of the user,
However, Uchiyama in a similar invention in the same field of endeavor teaches
and to end storage of the posture image when the pupil recognizer (105d) (see Uchiyama, Paragraph [0041], “the pupil recognition unit 2b determines whether the subject's eyes are open based on the faces of people recognized by the face recognition unit 2a”) recognizes the eye opening of the user (see, Uchiyama, Paragraph [0039], “This allows continuous shooting to end when an image is acquired in which the subject's eyes are open”),
The combination of Kim, Choi, Ji, Lemire, Nahm, Kurbanova, Zamir, and Uchiyama are analogous art because they are all in the same field of endeavor of imaging body analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for the pupil recognition unit to determine whether the subject’s eyes are open and end continuous shooting when an image is acquired in which the subject’s eyes are open in the camera and image recording program of Uchiyama in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir so that unnecessary shooting is not performed (see Uchiyama, Paragraph [0006]).
Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir does not expressively teach
wherein the posture analysis system further comprises: a microphone module (106) configured to recognize a user command while the user is walking in place or making a neck movement;
according to the user command recognized by the microphone module (106)
and a speaker module (108) configured to output a guide voice regarding control of the re-recognition control module (107),
However, Yu in a similar invention in the same field of endeavor teaches
wherein the posture analysis system further comprises: a microphone module (106) configured to recognize a user command while the user is walking in place or making a neck movement (see Yu, Paragraph [0062], “The input unit (120) may include at least one input means for receiving a request or command related to the function or operation of the body management device (10) from the user. For example, the input unit (120) may include a button, a dial, a touchpad, a microphone, etc. According to an embodiment, the input unit (120) may be implemented as a touch screen combined with a display (142)”);
according to the user command recognized by the microphone module (106) (see Yu, Paragraph [0100], “may detect a user using various other means such as a microphone”)
and a speaker module (108) configured to output a guide voice regarding control of the re-recognition control module (107) (see Yu, Paragraph [0065], “For example, the output unit (140) may include a display (142) that outputs the various information in a visual form such as graphics or text, and a speaker (144) that outputs the various information in an auditory form such as voice or sound”),
The combination of Kim, Choi, Ji, Lemire, Nahm, Kurbanova, Zamir, Uchiyama, and Yu are analogous art because they are all in the same field of endeavor of imaging body analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include an input unit with at least a microphone to detect a user and an output unit such as a speaker to output various information in an auditory form such as voice or sound in the body shape management apparatus of Yu in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir in view of Uchiyama to more accurately obtain information related to a user's exercise posture during exercise (see Yu, Paragraph [0009]).
Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir in view of Yu does not expressively teach
a re-recognition control module (107) configured to control the image storage control module (109) to cancel and restart storage of a posture image related to current walking in place or neck movement;
However, Lee J in a similar invention in the same field of endeavor teaches
a re-recognition control module (107) configured to control the image storage control module (109) to cancel and restart storage of a posture image related to current walking in place or neck movement (see Lee J, Paragraph [0090], “performs rehabilitation exercise (walking in place, upper or lower limb exercise) required according to the physical condition of the individual user that is stored in advance when data that can recognize the user is input. The technical contents including a touch screen monitor (32) and an emergency stop button (33) (preferably at least two of which are installed in a location easily accessible to the therapist) used to stop the rehabilitation exercise program in case the user's condition worsens or he or she loses consciousness during rehabilitation exercise”);
The combination of Kim, Choi, Ji, Lemire, Nahm, Kurbanova, Zamir, Uchiyama, Yu, and Lee J are analogous art because they are all in the same field of endeavor of imaging body analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to perform rehabilitation exercise such as walking in place that is stored in the device of Lee J in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir in view of Uchiyama in view of Yu to increase the effect of lower limb exercise (see Lee J, Paragraph [0019]).
Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir in view of Yu in view of Lee J does not expressively teach
wherein the video guide provides a guide to take postures of walking in place with eyes closed at least three times, closing the eyes and moving a head right and left more than three times, and closing the eyes and moving the head up and down more than three times,
However, Lee H in a similar invention in the same field of endeavor teaches
wherein the video guide provides a guide to take postures of walking in place with eyes closed at least three times, closing the eyes and moving a head right and left more than three times, and closing the eyes and moving the head up and down more than three times (see Lee H, Paragraph [0065]-[0066], “Next, the user selects the first training mode in the selection module (810), opens his/her eyes, focuses on the target (15) in the training video, walks 10 to 15 steps in place, and then turns his/her head left and right and moves his/her head up and down while walking in place. Afterwards, the user selects the second training mode in the selection module (810), closes his /her eyes, imagines and focuses on the target (15) from the previous day, walks 10 to 15 steps in place, then turns his/her head left and right and moves his/her head up and down while walking in place. The user can alternately select the first and second training modes in the selection module (810) as described above and perform the corresponding training. The user's static posture can be improved by performing training to focus on the target (15) with eyes open and eyes closed,” and Paragraph [0075], “The above inspection control module (830) controls the image providing unit (820) and the driving unit (400) so that the first to sixth measurement situations are each repeated three times”),
The combination of Kim, Choi, Ji, Lemire, Nahm, Kurbanova, Zamir, Uchiyama, Yu, Lee J, and Lee H are analogous art because they are all in the same field of endeavor of imaging body analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for a user to closes his/her eyes, turn his/her head left and right and move his/her head up and down while walking in place and these measurements are each repeated three times in the dynamic posture measurement and training system of Lee J in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir in view of Uchiyama in view of Yu in view of Lee J to improve the user’s static posture (see Lee H, Paragraph [0066]).
Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir in view of Yu in view of Lee J in view of Lee H does not expressively teach
wherein the walking-in-place recognizer (105b) recognizes walking in place through a height of knees and feet,
However, Yagi in a similar invention in the same field of endeavor teaches
wherein the walking-in-place recognizer (105b) recognizes walking in place through a height of knees and feet (see Yagi, Paragraph [0155], “When the subject walks in place, for example a height of a raised foot, a height of a knee, and a length of arm swing can be evaluated as magnitude of movement”),
The combination of Kim, Choi, Ji, Lemire, Nahm, Kurbanova, Zamir, Uchiyama, Yu, Lee J, Lee H, and Yagi are analogous art because they are all in the same field of endeavor of imaging body analysis. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, for when the subject walks in place this height of a raised foot and height of a knee can be evaluated as magnitude of movement in the dual-task performing ability evaluation method of Yagi in the system for intelligent healthcare based on a smart mirror of Kim in view of Choi in view of Ji in view of Lemire in view of Nahm in view of Kurbanova in view of Zamir in view of Uchiyama in view of Yu in view of Lee J in view of Lee H for evaluating magnitude of movement, items for evaluating agility, and items for evaluating stability (see Yagi, Paragraph [0152]).
Conclusion
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/D.J./Examiner, Art Unit 2666
/MING Y HON/Primary Examiner, Art Unit 2666