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 .
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 1-20 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.
The term “a whole motion scene” in claim 1 is a relative term which renders the claim indefinite. The term “whole motion scene” 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 purposes of examination the indefinite limitation has been deemed to claim an area view of camera view.
Regarding Claim 5, the claim recites “the terminal” as also recited in Claim 1, however, goes on the recite “a terminal” with an athlete permission. It is unclear if this terminal is the same terminal as previously recited. For purposes of examination the indefinite limitation has been deemed to claim that the terminal as first recited has said athlete permissions.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3, 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20180089841 A1 to Dai et al. (hereinafter, Dai) in view of US 20170259115 A1 to Hall.
Regarding Claims 1 and 4, Dai discloses a system for intelligent measurement and digital training of human motion (paragraph [0017] “…a mixed motion capture system and a mixed motion capture method.”), comprising inter alia:
N inertial navigation wearable devices (paragraph [0018] “…at least one inertial sensor module…mounted on the object…”), M cameras (paragraph [0018] “…at least two optical cameras…”), a data comprehensive analysis device (receiving processor 1041) and a terminal (second CPU 301), wherein both N and M are greater than or equal to 1 (“at least one” inertial sensor module/optical camera indicates that N and M are greater than or equal to one);
wherein, a total field of view of the M cameras is configured to cover a whole motion scene of an athlete (paragraph [0169] “…a plurality of optical cameras fixedly arranged in the surrounding region of an activity field of a wearer…”), and each camera is configured to capture an image in the field of view to form an image data frame and send the image data frame to the data comprehensive analysis device (paragraph [0173] “…the plurality of optical cameras…can photograph…to thereby generate image information…the receiving processor can obtain the optics-based position information…”);
each inertial navigation wearable device is secured on a limb of the athlete in a wearable manner (paragraph [0169] “…the plurality of inertial sensor modules…fixedly mounted on some finger joints, or the back of, a hand.”), and each inertial navigation wearable device is configured to measure a three-axis linear acceleration of the limb of the athlete and a three-axis angular velocity of the limb of the athlete in an inertial coordinate system by taking the limb of the athlete as a carrier (paragraph [0076] “…the inertial sensor module 101 includes: a three-axis MEMS accelerometer 201, a three-axis MEMS gyroscope 202, and a three-axis MEMS magnetometer 203…”) (paragraph [0022] “The three-axis MEMS accelerometer is configured to measure acceleration information; the three-axis MEMS gyroscope is configured to measure angular velocity information thereof…”), and send the three-axis linear acceleration and the three-axis angular velocity to a data comprehensive analysis module (paragraph [0018] “The at least one inertial sensor module…wirelessly coupled to the receiving processor…to send to the receiving processor, inertial information…”); and
perform, based on the three-axis linear acceleration of the limb of the athlete and the three-axis angular velocity of the limb of the athlete in the inertial coordinate system,
navigation solution ([0043] “…generating calculated inertia-based position information through a double integration over the acceleration information in the inertial information…”) and coordinate conversion (paragraph [0079] “…integrate the angular velocity information measured … to thereby generate dynamic spatial orientation information of the object…”) (paragraph [0091] “…the biomechanical constraint…requires the use of the spatial attitude information…includes information regarding spatial orientation of each bone…”) (paragraph [0177] “…calibrate the installation error…based on the actual position of each bone of the hand and the position and orientation measured by…each inertial sensor module.”) to obtain (and store a relative position and an attitude of the limb of the athlete in a body coordinate system of the athlete (paragraph [0008] “Based on a double integration of the acceleration signal and an integration of the gyro signal, the position information and the orientation information of the object can be obtained.”) (Examiner notes that the limitation “to obtain” is functional language, since Dai discloses the performing of navigation solution and coordinate conversion, such data can be used to obtain and store relative position and attitude);
collect and store the image captured by a respective camera (paragraph [0019] “…two optical cameras…configured to photograph, and to send to the receiving processor, image information of each of the at least one optical marker.), and
perform target identification (paragraph [0070] “…optical marker[s]…configured to photograph, and to transmit to the receiving processor 104, image information from each of the at least one optical marker…”) (paragraph [0104] “…each of the at least one optical marker 102 is visible to the optical camera 103, the displacement of the object gradually approaches the optics-based position information… if there is a block or overlap for the at least one optical marker 102 which causes the optics-based position information to be unavailable, the weight for the optics-based position information is given as 0…”), tracking (paragraph [0005] “Based on the image sequences, a spatial position of each optical marker at each moment can be calculated, thereby allowing for an accurate determination of the motion tracks of the object.”) and coordinate conversion on the image captured by the respective camera (paragraph [0134] “…the spatial coordinates for each moment for each of the at least one optical marker 102 can be obtained…”) (paragraph [0005] “…a spatial position of each optical marker at each moment can be calculated, thereby allowing for an accurate determination of the motion tracks of the object.”) to obtain and store a position and a speed of the athlete in a world coordinate system of the motion scene (paragraph [0024] “…configured to transmit the spatial attitude information and inertial information comprising the acceleration information and angular velocity information to the receiving processor.”) (Examiner notes that the limitation “to obtain” is functional language, since Dai discloses the performing of target identification, tracking and coordinate conversation, such data can be used to obtain and store a speed of the athlete in a world coordinate system of the motion scene); and
analyze the position of the athlete in the world coordinate system of the motion scene (paragraph [0119] “…optics-based position information based on the image information of the at least one optical marker captured by each optical camera…”) as well as the relative position and the attitude of the limb of the athlete in the body coordinate system of the athlete (paragraph [0042] “…generating calculated inertia-based position information through a double integration over the acceleration information in the inertial information…”) (Examiner notes that under BRI “optics-information” is interpreted as scene/world position, while it’s IMU-side “double integration over the acceleration information” is interpreted as body/segment position, with the two streams aligned by the disclosed integration step) to determine and store motion parameters of the athlete (Examiner notes by combining the camera-derived optics information with the IMU-derived position/attitude from double integration the processor obtains a fused kinematic description of the athletes movement from which motion parameters are determined and stored;
wherein the terminal is configured to establish a three-dimensional model of the motion scene and a three-dimensional model of the athlete, associate a speed and a position of the athlete in a motion scene coordinate system as well as the relative position and the attitude of the limb of the athlete in the body coordinate system of the athlete with corresponding three-dimensional models (paragraphs [0077] and [0078]).
Dai discloses the claimed invention as set forth and cited above except for expressly disclosing where the data comprehensive analysis device is configured to store basic information of the athlete, establish and maintain an association relationship between the athlete and an inertial navigation wearable device the athlete wears, and also tracking a speed of the athlete in a world coordinate system, and display a motion process and the motion parameters of the athlete in a visualized manner.
However, Hall teaches a system for sports data collection and analytics (paragraph [0003]), including using optical tracking systems (paragraph [0147]) and optical sensors (paragraph [0156]) and/or other wearable monitoring devices (paragraph [0006] and [0156]). Hall specifically teaches that the sensors are used to determine speed (paragraph [0194]). Hall also teaches an analysis device configured to store basic information of the athlete, and establish and maintain an association relationship between the athlete and an inertial navigation wearable device the athlete wears (see paragraphs [0168] and [1085]) and displaying a motion process and the motion parameters of the athlete in a visualized manner (paragraphs [0152] and [0187]).
One having an ordinary skill in the art at the time the invention was filed would have found it obvious to modify the tracking to also include a speed in a world coordinate system and the also include storage of athlete information and association of sensors that the athlete is wearing of Hall, as Hall teaches that their system allows one to determine how far and how fast a player is actually running (paragraph [0169]) and allow coaches, trainers and medical staff to insights into a particular player and their speed/motion/movement (paragraph [0169]).
Regarding Claim 3, Dai in view of Hall teach the system for intelligent measurement and digital training of human motion according to claim 1, wherein the N inertial navigation wearable devices are worn on different limb parts of at least one athlete (Dai: paragraph [0069]), and data outputted by the N inertial navigation wearable devices are synchronous (Dai: optical and inertia sensors in “real-time”, paragraphs [0178] and [0179]).
Regarding Claim 6, Dai in view of Hall teach the system for intelligent measurement and digital training of human motion according to claim 1, wherein the inertial navigation wearable device comprises an MEMS sensor (Dai: MEMS gyroscope and accelerometer, paragraph [0021]), a signal processing module (Dai: CPU, paragraph [0021]), a communication module (Dai: RF transceiver, paragraph [0021]) and a battery (Dai: batter, paragraph [0149]); the MEMS sensor is internally integrated with an MEMS gyroscope and an MEMS accelerometer (Dai: MEMS gyroscope and accelerometer, paragraph [0021]), wherein the MEMS gyroscope is configured to output the three-axis angular velocity in the inertial coordinate system, and the MEMS accelerometer is configured to output the three-axis linear acceleration of the limb of the athlete (Dai: three-axis MEMS accelerometers and gyroscopes, paragraph [0021]), and the MEMS sensor is configured to output a measurement result to the signal processing module (Dai: each inertial sensor and optical marker to wirelessly “send” information, paragraphs [0018] and [0019]); the signal processing module is configured to frame and package the measurement result outputted by the MEMS sensor and send the framed and packaged measurement result to the communication module (Dai: each inertial sensor and optical marker to wirelessly “send” information, paragraphs [0018] and [0019]); the communication module is configured to send a packaged measurement data frame by wireless communication (Dai: each inertial sensor and optical marker to wirelessly “send” information, paragraphs [0018] and [0019]); and the battery is configured to supply power for the MEMS sensor, the signal processing module and the communication module (paragraph [0083]). Dai in view of Hall do not expressly teach where the batter is lithium, it is well-known in the art that lithium batteries are standard type of rechargeable battery and the selection of a lithium battery is a mere matter of design choice dependent on the specific power requirements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN PATRICK DOUGHERTY whose telephone number is (571)270-5044. The examiner can normally be reached 8am-5pm (Pacific Time).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SEAN P DOUGHERTY/ Primary Examiner, Art Unit 3791