DETAILED ACTION
Claims 1-12 are hereby under examination.
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 of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/11/2023 and 03/15/2024 are being considered by the examiner.
Drawings
The drawings are objected to because:
It appears reference number 120 in Figure 4 should be reference number 130 (see pg. 18 regarding Figure 4 showing the posture correction exercise recommendation device 130).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-2 and 7-8 are objected to because of the following informalities:
Regarding claim 1, line 18 recites “the user”, however it appears it should read --the users-- (emphasis added) to maintain consistent claim language.
Regarding claim 1, line 25 recites “individual’s”, however it appears it should read --users-- (emphasis added) to maintain consistent claim language.
Regarding claim 2, line 3 recites “in 360° directions”, however it appears it should read --in the 360° directions-- (emphasis added).
Regarding claim 7, line 20 recites “the user”, however it appears it should read --the users-- (emphasis added) to maintain consistent claim language.
Regarding claim 7, line 27 recites “individual’s”, however it appears it should read --users-- (emphasis added) to maintain consistent claim language.
Regarding claim 8, line 3 recites “in 360° directions”, however it appears it should read --in the 360° directions-- (emphasis added).
Claim Interpretation - 35 USC § 112(f)
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:
Claim 1: The claim limitation “a posture correction exercise recommendation device which generates big data …” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “device” coupled with functional language “which generates big data …” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier that has a known structural meaning before the phrase “device”.
Claim 1: The claim limitation “a user terminal … receives a bad-posture vibration notification, vibrates the wearable device by transmitting a notification signal … displays individual posture habit analysis results … performs direct communication … provides real-time posture data …” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “terminal” coupled with functional language “receives a bad-posture vibration notification, vibrates the wearable device by transmitting a notification signal … displays individual posture habit analysis results … performs direct communication … provides real-time posture data …” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier that has a known structural meaning before the phrase “terminal”.
Claim 7: The claim limitation “generating, by a posture correction exercise recommendation device, big data …” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “device” coupled with functional language “generating … big data …” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier that has a known structural meaning before the phrase “device”.
Claim 7: The claim limitation “a user terminal … receives a bad-posture vibration notification, vibrates the wearable device by transmitting a notification signal … displays individual posture habit analysis results … performs direct communication … provides real-time posture data …” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “terminal” coupled with functional language “receives a bad-posture vibration notification, vibrates the wearable device by transmitting a notification signal … displays individual posture habit analysis results … performs direct communication … provides real-time posture data …” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier that has a known structural meaning before the phrase “terminal”.
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.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“Posture correction exercise recommendation device 130 … includes … a communication interface 400, a controller 410, a posture correction exercise recommendation part 420, and a storage 430 … configured as hardware modules physically separated from each other, but each module may store software for performing the operations therein and execute the software … storage 430 may be a storage or memory … controller 420 may include a central processing unit and a memory … program stored in the posture correction exercise recommendation part …”, or equivalents thereof, as described on pages 18-21 and 23-24 of the disclosure filed on 01/04/2024;
“User terminal 110 may be not only a smartphone … may be another wearable device on the user’s wrist or the like or may be a mobile device, such as a table personal computer …”, or equivalents thereof, as described on page 10 of the disclosure filed on 01/04/2024;
“Posture correction exercise recommendation device 130 … includes … a communication interface 400, a controller 410, a posture correction exercise recommendation part 420, and a storage 430 … configured as hardware modules physically separated from each other, but each module may store software for performing the operations therein and execute the software … storage 430 may be a storage or memory … controller 420 may include a central processing unit and a memory … program stored in the posture correction exercise recommendation part …”, or equivalents thereof, as described on pages 18-21 and 23-24 of the disclosure filed on 01/04/2024; and
“User terminal 110 may be not only a smartphone … may be another wearable device on the user’s wrist or the like or may be a mobile device, such as a table personal computer …”, or equivalents thereof, as described on page 10 of the disclosure filed on 01/04/2024.
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 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.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites “wearable devices which are worn and used by users for posture measurement …” in line(s) 3 which is a method step in an apparatus claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, because it creates confusion as to when direct infringement occurs. (MPEP 2173.05(p) citing In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011)). It is recommended to the Applicant to amend the claims to recite the wearable devices are configured to perform the claimed functions.
The dependent claims of the above rejected claim are rejected due to their dependency.
Regarding claim 1, the term “nearby” is a relative term which renders the claim indefinite. The term “nearby” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination, “nearby” is being interpreted as within a distance where the user terminal is able to perform the direction communication with the speaker.
The dependent claims of the above rejected claim are rejected due to their dependency.
Regarding claim 7, the term “nearby” is a relative term which renders the claim indefinite. The term “nearby” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination, “nearby” is being interpreted as within a distance where the user terminal is able to perform the direction communication with the speaker.
The dependent claims of the above rejected claim are rejected due to their dependency.
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.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-6 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Regarding claim 1, line 3 recites “wearable devices which are worn and used by users …”, which is directed to or encompasses a human organism. It is recommended to the Applicant to amend the claims to recite the wearable devices are configured to perform the claimed functions.
The dependent claims of the above rejected claim are rejected due to their dependency.
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 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 1-3, 5-9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Andrew Nichols (US 20130184611 A1), hereinafter referred to as Nichols, in view of Kang et al. (US 20210100480 A1), hereinafter referred to as Kang.
The claims are generally directed towards a system for artificial intelligence (AI) posture correction exercise recommendation using a wearable device, the system comprising: wearable devices which are worn and used by users for posture measurement and include sensors for sensing the users’ postures in 360° directions; and a posture correction exercise recommendation device which generates big data by collecting 360°-direction sensing data provided by the wearable devices, analyzes a direction in which a body of each of the users tilts in the 360° directions by analyzing the generated big data through an AI program, and recommends a customized posture correction exercise to a user terminal of each of the users on the basis of analysis results, wherein the user terminal receives a bad-posture vibration notification, vibrates the wearable device by transmitting a notification signal regarding the bad-posture vibration notification to the wearable device, and displays individual posture habit analysis results as a graph or a diagram in accordance with the analysis results of the collected data, the user terminal performs direct communication with a nearby AI speaker using a beacon and outputs, when the bad-posture vibration notification is received, a received result to the AI speaker, the user terminal provides real-time posture data of the user periodically on a daily, weekly, or monthly basis, the posture correction exercise recommendation device trains an AI program of an AI chatbot with answers to various questions in advance so that the user terminal receives an answer to a question from the posture correction exercise recommendation device, the posture correction exercise recommendation device provides analysis results related to each individual’s posture habit on the basis of data collection and analysis to the user terminals when the users carrying the user terminals request the analysis results, and the posture correction exercise recommendation device recognizes a current state of the user according to a type of wearable device and recommends an exercise, which is appropriate for the user in the current state, to the user.
Regarding claim 1, Nichols discloses a system for artificial intelligence (AI) posture correction exercise recommendation using a wearable device (Abstract, “programmable biofeedback system … biofeedback devices attached to a user’s body to detect changes in position …”, para. [0010]), the system comprising:
wearable devices which are worn and used by users for posture measurement and include sensors for sensing the users’ postures in 360° directions (Fig. 1, Fig. 3, Fig. 7A, element 101, Fig. 2, para. [0027], “one or more sensor/transceiver biofeedback devices … programmed to detect changes in posture and body position through an internal gyroscope and/or based on wireless measurement of the distance between another sensor …attached to or worn on a person’s body …”, para. [0028], “horizontal and/or vertical planes …”, para. [0034], “pitch, or roll, or yaw of the sensor …”); and
a posture correction exercise recommendation device which generates big data by collecting 360°-direction sensing data provided by the wearable devices, analyzes a direction in which a body of each of the users tilts in the 360° directions by analyzing the generated big data through a program, and recommends a customized posture correction exercise to a user terminal of each of the users on the basis of analysis results (Fig. 1, element 301, element 401, para. [0027-0029], “sensor/transceiver biofeedback devices programmed to detect changes in posture and body position through an internal gyroscope and/or based on wireless measurement of the distance between another sensor … such changes are also wirelessly communicated to a remote controller/transceiver biofeedback device … provide a user with almost immediate feedback about changes in body position and posture. Such biofeedback is used to teach or train a user to avoid undesirable, or achieve desired, body positions and postures … controller remotely controls the settings for each sensor …”, para. [0054-0055], para. [0063-0064]),
wherein the user terminal receives a bad-posture vibration notification, vibrates the wearable device by transmitting a notification signal regarding the bad-posture vibration notification to the wearable device (para. [0028], “notify the user by an alarm (vibration and/or sound) once either or both (i) it deviates from and/or achieves, pre-set, horizontal or vertical planes …”, para. [0055-0057]), and displays individual posture habit analysis results as a graph or a diagram in accordance with the analysis results of the collected data (Fig. 7A, para. [0064], “provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions …”),
the user terminal performs direct communication with a nearby AI speaker using a beacon and outputs, when the bad-posture vibration notification is received, a received result to the AI speaker (para. [0012], “emit a sound and/or vibration alarm at the same time an alarm is activated in the sensor …”, para. [0028-0030], “wirelessly activated in a controller …”, para. [0039], “a speaker or other sound system capable of emitting a variety of sounds …”, para. [0046]),
the user terminal provides real-time posture data of the user periodically on a daily, weekly, or monthly basis (Fig. 8A, para. [0066], “provides historical and real time data to a user about progress in reaching and maintain targeted posture or position goals …”),
the posture correction exercise recommendation device trains a program with answers to various questions in advance so that the user terminal receives an answer to a question from the posture correction exercise recommendation device (Fig. 5A, Fig. 5B, Fig. 6A, Fig. 6B, para. [0060-0063], “provides various programming functions to manage system devices. Users can set parameters for the sensors and the Controller … allows user to program targeted positions and postures for sensors …”),
the posture correction exercise recommendation device provides analysis results related to each individual’s posture habit on the basis of data collection and analysis to the user terminals when the users carrying the user terminals request the analysis results (Fig. 8A, para. [0066], “provides historical and real time data to a user about progress in reaching and maintain targeted posture or position goals … user can select the activity he or she wishes to monitor, and can view a graphic representation of progress in relation to the established target for that activity …”), and
the posture correction exercise recommendation device recognizes a current state of the user according to a type of wearable device and recommends an exercise, which is appropriate for the user in the current state, to the user (Fig. 5A, Fig. 5B, Fig. 6A, Fig. 6B, para. [0061-0064], “allows the user to see the status of each sensor and directs the user to modify sensor and controller settings … associated each sensor with a specific part or area of the user’s body … allows user to program target positions and postures … provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions”).
However, Nichols does not explicitly disclose the use of an AI program and training an AI program of an AI chatbot.
Kang teaches of an analogous system for artificial intelligence posture correction exercise recommendation using a wearable device (Abstract, Fig. 4, para. [0012], para. [0048]). Kang further teaches generating big data through an AI program, and training an AI program of an AI chatbot (para. [0043-0046], para. [0101]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Nichols to explicitly use an AI program for generating big data and training an AI program of an AI chatbot, as taught by Kang. This is because Kang teaches the use of AI allows for the efficiency of devices and diagnostics to be enhanced and improved (para. [0002-0003], para. [0014]).
Regarding claim 2, modified Nichols discloses the system of claim 1, wherein the wearable devices include belt-shaped posture measurement devices that are worn on centers of the users’ chests to measure postures forward or backward, left or right, and in 360° directions (Fig. 1, Fig. 3, Fig. 7A, element 101, Fig. 2, para. [0027], “one or more sensor/transceiver biofeedback devices … programmed to detect changes in posture and body position through an internal gyroscope and/or based on wireless measurement of the distance between another sensor …attached to or worn on a person’s body …”, para. [0028], “horizontal and/or vertical planes …”, para. [0030], “straps”, para. [0034], “pitch, or roll, or yaw of the sensor …”).
Regarding claim 3, modified Nichols discloses the system of claim 1, wherein the posture correction exercise recommendation device generates and provides images that visualize directions in which the users’ bodies tilt in the 360° directions according to service requests from the user terminals (Fig. 7A, “provides additional biofeedback information to users … provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions …”).
Regarding claim 5, modified Nichols discloses the system of claim 1, wherein, when the posture correction exercise recommendation device recommends the customized posture correction exercise to the user terminal of each of the users, the posture correction exercise recommendation device provides a video related to the posture correction exercise or transmits uniform resource locator (URL) information for accessing the posture correction exercise to the user terminal (Fig. 7A, “provides additional biofeedback information to users … provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions …”).
Regarding claim 6, modified Nichols discloses the system of claim 1, wherein the posture correction exercise recommendation device provides a notification to the user terminal of the user when the user wearing the wearable device deviates from a preset standard posture (Fig. 7A, “provides additional biofeedback information to users … provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions …”), and scores and notifies of each user’s daily posture when there is a request from the user terminal (Fig. 8A, para. [0066], “provides historical and real time data to a user about progress in reaching and maintaining targeted posture and position goals”).
Regarding claim 7, Nichols discloses a method of artificial intelligence (AI) posture correction exercise recommendation using a wearable device (Abstract, “programmable biofeedback system … biofeedback devices attached to a user’s body to detect changes in position …”, para. [0010], “method for training users to achieve and maintain targeted postures and body positions …”), the method comprising:
providing, by wearable devices which are worn and used by users for posture measurement and include sensors for sensing the users’ postures in 360° directions, sensing data obtained by sensing the users’ postures in the 360° directions (Fig. 1, Fig. 3, Fig. 7A, element 101, Fig. 2, para. [0027], “one or more sensor/transceiver biofeedback devices … programmed to detect changes in posture and body position through an internal gyroscope and/or based on wireless measurement of the distance between another sensor …attached to or worn on a person’s body …”, para. [0028], “horizontal and/or vertical planes …”, para. [0034], “pitch, or roll, or yaw of the sensor …”); and
generating, by a posture correction exercise recommendation device, big data by collecting the 360°-direction sensing data provided by the wearable devices, analyzing a direction in which a body of each of the users tilts in the 360° directions by analyzing the generated big data through a program, and recommending a customized posture correction exercise to a user terminal of each of the users on the basis of analysis results (Fig. 1, element 301, element 401, para. [0027-0029], “sensor/transceiver biofeedback devices programmed to detect changes in posture and body position through an internal gyroscope and/or based on wireless measurement of the distance between another sensor … such changes are also wirelessly communicated to a remote controller/transceiver biofeedback device … provide a user with almost immediate feedback about changes in body position and posture. Such biofeedback is used to teach or train a user to avoid undesirable, or achieve desired, body positions and postures … controller remotely controls the settings for each sensor …”, para. [0054-0055], para. [0063-0064]),
wherein the user terminal receives a bad-posture vibration notification, vibrates the wearable device by transmitting a notification signal regarding the bad-posture vibration notification to the wearable device (para. [0028], “notify the user by an alarm (vibration and/or sound) once either or both (i) it deviates from and/or achieves, pre-set, horizontal or vertical planes …”, para. [0055-0057]), and displays individual posture habit analysis results as a graph or a diagram in accordance with the analysis results of the collected data (Fig. 7A, para. [0064], “provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions …”),
the user terminal performs direct communication with a nearby AI speaker using a beacon and outputs, when the bad-posture vibration notification is received, a received result to the AI speaker (para. [0012], “emit a sound and/or vibration alarm at the same time an alarm is activated in the sensor …”, para. [0028-0030], “wirelessly activated in a controller …”, para. [0039], “a speaker or other sound system capable of emitting a variety of sounds …”, para. [0046]),
the user terminal provides real-time posture data of the user periodically on a daily, weekly, or monthly basis (Fig. 8A, para. [0066], “provides historical and real time data to a user about progress in reaching and maintain targeted posture or position goals …”),
the posture correction exercise recommendation device trains a program with answers to various questions in advance so that the user terminal receives an answer to a question from the posture correction exercise recommendation device (Fig. 5A, Fig. 5B, Fig. 6A, Fig. 6B, para. [0060-0063], “provides various programming functions to manage system devices. Users can set parameters for the sensors and the Controller … allows user to program targeted positions and postures for sensors …”),
the posture correction exercise recommendation device provides analysis results related to each individual’s posture habit on the basis of data collection and analysis to the user terminals when the users carrying the user terminals request the analysis results (Fig. 8A, para. [0066], “provides historical and real time data to a user about progress in reaching and maintain targeted posture or position goals … user can select the activity he or she wishes to monitor, and can view a graphic representation of progress in relation to the established target for that activity …”), and
the posture correction exercise recommendation device recognizes a current state of the user according to a type of wearable device and recommends an exercise, which is appropriate for the user in the current state, to the user (Fig. 5A, Fig. 5B, Fig. 6A, Fig. 6B, para. [0061-0064], “allows the user to see the status of each sensor and directs the user to modify sensor and controller settings … associated each sensor with a specific part or area of the user’s body … allows user to program target positions and postures … provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions”).
However, Nichols does not explicitly disclose the use of an AI program and training an AI program of an AI chatbot.
Kang teaches of an analogous method for artificial intelligence posture correction exercise recommendation using a wearable device (Abstract, Fig. 4, para. [0012], para. [0048]). Kang further teaches generating big data through an AI program, and training an AI program of an AI chatbot (para. [0043-0046], para. [0101]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Nichols to explicitly use an AI program for generating big data and training an AI program of an AI chatbot, as taught by Kang. This is because Kang teaches the use of AI allows for the efficiency of devices and diagnostics to be enhanced and improved (para. [0002-0003], para. [0014]).
Regarding claim 8, modified Nichols discloses the method of claim 7, wherein the recommending of the customized posture correction exercise comprises collecting sensing data obtained by measuring posture forward or backward, left or right, and in 360° directions from a belt-shaped posture measurement device that is worn on a center of a user’s chest (Fig. 1, Fig. 3, Fig. 7A, element 101, Fig. 2, para. [0027], “one or more sensor/transceiver biofeedback devices … programmed to detect changes in posture and body position through an internal gyroscope and/or based on wireless measurement of the distance between another sensor …attached to or worn on a person’s body …”, para. [0028], “horizontal and/or vertical planes …”, para. [0030], “straps”, para. [0034], “pitch, or roll, or yaw of the sensor …”).
Regarding claim 9, modified Nichols discloses the method of claim 7, wherein the recommending of the customized posture correction exercise comprises generating and providing images that visualize directions in which the users’ bodies tilt in the 360° directions according to service requests from the user terminals (Fig. 7A, “provides additional biofeedback information to users … provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions …”).
Regarding claim 11, modified Nichols discloses the method of claim 7, wherein the recommending of the customized posture correction exercise comprises, when the customized posture correction exercise is recommended to the user terminal of each of the users, providing a video related to the posture correction exercise or transmitting uniform resource locator (URL) information for accessing the posture correction exercise to the user terminal (Fig. 7A, “provides additional biofeedback information to users … provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions …”).
Regarding claim 12, modified Nichols discloses the method of claim 7, wherein the recommending of the customized posture correction exercise comprises providing a notification to the user terminal of the user when the user wearing the wearable device deviates from a preset standard posture (Fig. 7A, “provides additional biofeedback information to users … provides real-time notifications and visual displays of deviations from, or attainment of, targeted postures or positions …”), and scoring and notifying of each user’s daily posture when there is a request from the user terminal (Fig. 8A, para. [0066], “provides historical and real time data to a user about progress in reaching and maintaining targeted posture and position goals”).
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Andrew Nichols (US 20130184611 A1), hereinafter referred to as Nichols, in view of Kang et al. (US 20210100480 A1), hereinafter referred to as Kang as applied to claims 1 and 7 above, and further in view of Raham Zarfam (US 20210401361 A1), hereinafter referred to as Zarfam.
Regarding claim 4, modified Nichols discloses the system of claim 1, wherein the posture correction exercise recommendation device visualizes and provides daily activity data, as a graph according to a service request from the user terminal (Fig. 8A, para. [0066], “provides historical and real time data to a user about progress in reaching and maintain targeted posture or position goals … user can select the activity he or she wishes to monitor, and can view a graphic representation of progress in relation to the established target for that activity …”).
However, modified Nichols does not explicitly disclose the daily activity data is generated by separating a time of maintaining correct posture from a total usage time of the wearable device for posture measurement.
Zarfam teaches an analogous system for artificial intelligence posture correction exercise recommendation (Abstract, para. [0018]). Zarfam further teaches providing daily activity data which is generated by separating a time of maintaining correct posture from a total usage time of the wearable device for posture measurement (para. [0030], para. [0038-0039], para. [0047]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system taught by modified Nichols to additionally generate the daily activity data by separating a time of maintaining correct posture from a total usage time of the wearable device for posture measurement, as taught by Zarfam. This is because Zarfam teaches calculating the length of time a user has bad posture allows for the system to make further recommendations to prevent stress on the body (para. [0039]).
Regarding claim 10, modified Nichols discloses the method of claim 7, wherein the recommending of the customized posture correction exercise comprises visualizing and providing daily activity data as a graph according to a service request from the user terminal Fig. 8A, para. [0066], “provides historical and real time data to a user about progress in reaching and maintain targeted posture or position goals … user can select the activity he or she wishes to monitor, and can view a graphic representation of progress in relation to the established target for that activity …”).
However, modified Nichols does not explicitly disclose the daily activity data is generated by separating a time of maintaining correct posture from a total usage time of the wearable device for posture measurement.
Zarfam teaches an analogous method for artificial intelligence posture correction exercise recommendation (Abstract, para. [0018]). Zarfam further teaches providing daily activity data which is generated by separating a time of maintaining correct posture from a total usage time of the wearable device for posture measurement (para. [0030], para. [0038-0039], para. [0047]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by modified Nichols to additionally generate the daily activity data by separating a time of maintaining correct posture from a total usage time of the wearable device for posture measurement, as taught by Zarfam. This is because Zarfam teaches calculating the length of time a user has bad posture allows for the system to make further recommendations to prevent stress on the body (para. [0039]).
Conclusion
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/K.W.K./Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791