Acknowledgements
This communication is in response to applicant’s response filed on 03/05/2026.
Claims 1, 5, 13, 16, and 20 have been amended. Claims 2-4 have been cancelled. Claims 1 and 5-20 are 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 .
Response to Arguments
Regarding applicant’s arguments:
Applicant’s arguments, see pg. 8, filed 03/05/2026, with respect to the rejection(s) of claims 1 and 5-20 under Claim Rejections - 35 USC § 101 that the claims recite the use of specific content of the image data frame and to using this specific image data frame content relative to a predetermined assigned positional region for that player and at a time specific time; and it recites particular specified changes in both a direction and distance for the player within the predetermined assigned first positional region for that player have been fully considered and are not persuasive. Examiner respectfully argues, outputting an adjusted play call that includes changes in both direction and distance for a player is an example of using basic graphical user interface functionality that is performed by generic computers and does not impose a meaningful limit on the judicial exception and in a manner that integrates the exception into a practical application of the exception. The output of the adjusted play call is mental process as it could be performed in the mind with use of a physical aid (e.g., chalkboard or markerboard writing out the adjusted play call). The use of a physical aid to help perform a mental step (e.g., adjusted play call) does not negate the mental nature of the limitation, but simply accounts for variations in memory capacity from one person to another. For instance, in CyberSource, the court determined that the step of “constructing a map of credit card numbers” was a limitation that was able to be performed “by writing down a list of credit card transactions made from a particular IP address.” In making this determination, the court looked to the specification, which explained that the claimed map was nothing more than a listing of several (e.g., four) credit card transactions. The court concluded that this step was able to be performed mentally with a pen and paper, and therefore, it qualified as a mental process. 654 F.3d at 1372-73, 99 USPQ2d at 1695. See also Flook, 437 U.S. at 586, 198 USPQ at 196 (claimed "computations can be made by pencil and paper calculations"); University of Florida Research Foundation, Inc. v. General Electric Co., 916 F.3d 1363, 1367, 129 USPQ2d 1409, 1411-12 (Fed. Cir. 2019) (relying on specification’s description of the claimed analysis and manipulation of data as being performed mentally "‘using pen and paper methodologies, such as flowsheets and patient charts’"); Symantec, 838 F.3d at 1318, 120 USPQ2d at 1360 (although claimed as computer-implemented, steps of screening messages can be "performed by a human, mentally or with pen and paper"). Additionally, examiner respectfully argues using a wearable device and image data does not integrate the abstract idea into a practical application. The wearable device and image data are claimed in a way to generally apply the abstract idea of adjusting a play call to a technological field or field of use. The claimed invention is described as a concept that is performed in the human mind and applicant is merely using a computer as a tool to perform the concept. The Claim Rejections - 35 USC § 101 is maintained.
Applicant’s arguments, see pgs. 8-9, filed 03/05/2026, with respect to the rejection(s) of claims 1 and 13 under Claim Rejections - 35 USC § 102 that examiner relies on parts of Masegian (US 20240342577) that are not supported by the provisional filing that pre-dates the priority date have been considered, and the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hankins (US 20220276826) in view of House (US 20210350833).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 5-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under Step 1 of the Section 101 analysis claim 1 is directed to a method and claim 13 is directed to a computing device (a process and an apparatus).
Under Step 2A Prong One, Claims 1 and 13 recite: transmitting a first play call from a computing device to a first wearable player electronic device at a first player; comparing the first play call to sporting activity game circumstance data, the sporting activity game circumstance data corresponding to a first time of a sporting activity game, the sporting activity game circumstance data comprises at least one image data frame that includes first player positional formation data, of the first player, relative to the field of play and relative to a predetermined assigned first positional region for the first player prior to start of the sporting activity play corresponding to the first play call; based on the comparison and using the sporting activity game circumstance data, generating a first adjusted play call at least in part by comparing the at least one image data frame, which includes the first player positional formation data, to the predetermined assigned first positional region for the first player to generate the first adjusted play call that includes at least one change relative to the first play call in both a specified direction and a specified distance to a position of the first player within the predetermined assigned first positional region for the first player; and outputting the first adjusted play call at the first wearable player electronic device.
Claims 1 and 13 as drafted include language (see underlined language above) that recite an abstract idea of using situational data relating to a sporting event to adjust a play call in-game, which falls under mental process (i.e., including an observation, evaluation, judgment, and opinion).
Under Step 2A Prong Two, the additional claim element(s), considered individually, do not apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception and in a manner that integrates the exception into a practical application of the exception. The additional claim elements(s) “a computing device comprising non-transitory computer-executable instructions,” and “wearable player electronic device” generally “apply” the concept of using situational data relating to a sporting event to adjust a play call in-game. The claimed computer components are recited at a high level of generality and are merely invoked as tools to perform the abstract idea. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Under Step 2A Prong Two, the additional claim element(s), considered in combination, do not apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception and in a manner that integrates the exception into a practical application of the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computing device comprising non-transitory computer-executable instructions and wearable player electronic device amounts to no more than applying the abstract idea of using situational data relating to a sporting event to adjust a play call in-game. Mere instructions to apply an exception using a generic component cannot provide an inventive concept. The claim is not patent eligible.
Under Step 2B, the additional claim element(s), considered individually and in combination, do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself for similar reasons outlined under Step 2A Prong Two.
A similar analysis can be applied to dependent claims 5 and parts of 17 and 20 which claims “wherein the sporting activity is a baseball game, and wherein the first adjusted play call is generated, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using a pitch call for the sporting activity play to determine the at least one change in both the specified direction and the specified distance to the position of the first player within the predetermined assigned first positional region for the first player” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claim 6 which claims “wherein, when the pitch call comprises a first pitch type and a first pitch location, generating the first adjusted play call, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using the first pitch type and the first pitch location to determine the at least one change comprising both the specified direction in a first direction and the specified distance of a first magnitude to the position of the first player within the predetermined assigned first positional region for the first player” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claim 7 which claims “wherein, when the pitch call comprises a second, different pitch type and/or a second, different pitch location, generating the first adjusted play call, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using the second, different pitch type and the second, different pitch location to determine the at least one change comprising both the specified direction in a second, different direction and/or the specified distance of a second, different magnitude to the position of the first player within the predetermined assigned first positional region for the first player” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claim 8 which claims “wherein transmitting the first adjusted play call to the first wearable player electronic device comprises transmitting both the specified direction in the second, different direction and the specified distance of the second, different magnitude to the position of the first player within the predetermined assigned first positional region for the first player to the first wearable player electronic device” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claim 9 which claims “wherein the first adjusted play call is generated by the computing device, at least in part, using batter data, which comprises one or more outcomes of one or more prior at-bats when the pitch call comprises the second, different pitch type and the second, different pitch location, to include the at least one change in both the specified direction and the specified distance to the position of the first player within the predetermined assigned first positional region for the first player” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claims 10 and 14 which claim “transmitting the first play call from the computing device to a second, different wearable player electronic device; and transmitting the first adjusted play call to the first wearable player electronic device while refraining from transmitting the first adjusted play call to the second, different wearable player electronic device” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claims 11, 15, and part of 20 which claim “based on the comparison and using the sporting activity game circumstance data, generating a second adjusted play call, the second adjusted play call including at least one change relative to the first play call and being different than the first adjusted play call; and transmitting the second adjusted play call to the second wearable player electronic device while refraining from transmitting the second adjusted play call to the first wearable player electronic device” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claims 12 and part of 17 which claim “wherein the first wearable player electronic device corresponds to a pitcher player in the sporting activity game, and wherein the second wearable player electronic device corresponds to a non-pitcher positional player in the sporting activity game” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claims 16 and part of 20 which claims “transmit the first adjusted play call to the first wearable player electronic device while refraining from transmitting the first adjusted play call to the second, different wearable player electronic device” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claim 18 which claims “wherein the non-transitory computer-executable instructions, when executed by programmable processing circuitry of the computing device, cause the programmable processing circuitry of the computing device to transmit the first adjusted play call to the second wearable player electronic device while refraining from transmitting the first adjusted play call to first wearable player electronic device prior to execution by the pitcher of the pitch call” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
A similar analysis can be applied to dependent claim 19 which claims “wherein the non-transitory computer-executable instructions, when executed by programmable processing circuitry of the computing device, cause the programmable processing circuitry of the computing device to extract player positional formation data relative to the field of play from the at least one image data frame” which merely elaborate on the abstract idea without reciting any new additional elements. When the limitations are considered individually and as a whole in combination with the independent claims from which they depend from, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 5-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hankins (US 20220276826) in view of House (US 20210350833).
Regarding Claims 1 and 13, Hankins teaches transmitting a first play call from a computing device to a first wearable player electronic device at a first player (Fig 2 and Paragraphs 0011 and 0051 teach a covert sports communication system that has a transmitter configured to wirelessly transmit coded audio track selection signals; the system includes a receiver worn within headgear having stored audio tracks; the receiver is configured to receive the coded audio track selection signals, decode the audio track selection signals and play at least one stored audio track in accordance with the decoded audio track selection signals, the audio tracks containing audio instructions to a sporting participant; the simple pressing of a single button will convey the pitch selection to the pitcher (e.g., a first play call from a computing device to eight first wearable player electronic devices)); comparing the first play call to sporting activity game circumstance data, the sporting activity game circumstance data corresponding to a first time of a sporting activity game, (Paragraph 0075 teaches if a specific right handed batter with a runner on second base and one out against this specific pitcher, tends to hit the ball toward second base with fastball that is low and outside, and that is the desired outcome, the software can identify this tendency and suggest that the coach call a fastball that is low and outside it is relatively easy to automate the pitch selection and pitch location process based on this information, with the coach merely having to update the game situation with the pitch count (how many balls and strikes), and the number of and locations of runners); based on the comparison and using the sporting activity game circumstance data, generating a first adjusted play call (Paragraphs 0059, 0075, and 0079 teach if the catcher changes his mind after making a selection, the catcher may hit a cancel button (described in the embodiment of the transmitter 20 of FIG. 10); although the game situation may call for a fastball that is low and outside, introducing a percentage of randomness can cause the transmitter to select a curveball down the middle; another advantage could be realized if a quarterback wore a transmitter similar to transmitter; instead of calling out an audible at the line of scrimmage, usually limited to a single choice of play, and also alerting the defense that an audible has been called, the quarterback can use the transmitter; this allows the quarterback to send a coded signal silently and covertly to each of the other players on offense that causes their receivers to play an audible the quarter back can select the audible from multiple choices); and outputting the first adjusted play call at the first wearable player electronic device (Paragraphs 0072, 0079, and 0054 teach the transmitter resets after the cancel button is pushed, such that the next button that is pressed will select a pitch type again, and a second push of a button will select a pitch location; if a quarterback wore a transmitter similar to transmitter, the quarterback sends a coded signal silently and covertly to each of the other players on offense that causes their receivers to play an audible; other defenders in the field may have receivers installed in their hats; traditionally, by knowing which pitch is about to be thrown, fielders will shift their positions slightly to better anticipate where the batter is likely to bit the ball).
However, Hankins does not explicitly teach the sporting activity game circumstance data comprises at least one image data frame that includes first player positional formation data, of the first player, relative to the field of play and relative to a predetermined assigned first positional region for the first player prior to start of the sporting activity play corresponding to the first play call; and at least in part by comparing the at least one image data frame, which includes the first player positional formation data, to the predetermined assigned first positional region for the first player to generate the first adjusted play call that includes at least one change relative to the first play call in both a specified direction and a specified distance to a position of the first player within the predetermined assigned first positional region for the first player.
House from same or similar field of endeavor teaches the sporting activity game circumstance data comprises at least one image data frame that includes first player positional formation data, of the first player, relative to the field of play and relative to a predetermined assigned first positional region for the first player prior to start of the sporting activity play corresponding to the first play call (Paragraphs 0021, 0047, and 0049 teach Fig. 2 demonstrates play analysis associated with a sequence according to an embodiment; in this example, a sequence related to a fielded ground ball in baseball may be analyzed; each frame of the diagrams corresponds to a temporal location in time on the film strip; the stages of the play include the pitcher releasing the ball, the batter hitting the ball, the 2nd baseman fielding the groundball, the 2nd baseman throwing the ball to the 1st baseman, the 1st baseman catching the ball, and the batter touching the 1st base bag; such plays or actions of a play may be determined from measurements obtained from observing actions in the sporting event; the animated view may comprise are presentation that demonstrates the dynamic positions of players on the playing surface overtime, according to another embodiment; this may be shown as a top down (top view) perspective; formation or play analysis may be used to navigate to similar situations in previous parts of the game, or previous games...spatial position of players in a play set may be used to match like plays elsewhere in the database, and made available for sequential viewing in the video and animated displays, with supporting representation in the diagram view); and at least in part by comparing the at least one image data frame, which includes the first player positional formation data, to the predetermined assigned first positional region for the first player to generate the first adjusted play call that includes at least one change relative to the first play call in both a specified direction and a specified distance to a position of the first player within the predetermined assigned first positional region for the first player (Paragraphs 0049-0050 teach this would allow a coach to compare the current scenario against previous examples; actual data may be used to compute variations or defects in the formations and related to the outcome of the play; alternately, it may show the play formation look of the offense and defense and demonstrate the variations of play sets that follow; a coach may want the ability to reposition or move icons around interactively in the process of analyzing a game. For example, a player may be shown a different path that may have resulted in creating space to “get open;” the trail of the player moved may update in the diagram view, or the alternate path may be shown with the original; an artificial intelligence algorithm based on past performance may be used to adjust a position of adjacent players to the movement of a primary player; trails may be automatically updated, and a defense of players may be automatically adjusted based on previous historical information; criteria for how trails and player positions update with respect to movement of a particular player may be determined by user selectable parameters).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to have modified Hankins to incorporate the teachings of House for the sporting activity game circumstance data to comprise at least one image data frame that includes first player positional formation data, of the first player, relative to the field of play and relative to a predetermined assigned first positional region for the first player prior to start of the sporting activity play corresponding to the first play call; and at least in part by comparing the at least one image data frame, which includes the first player positional formation data, to the predetermined assigned first positional region for the first player to generate the first adjusted play call that includes at least one change relative to the first play call in both a specified direction and a specified distance to a position of the first player within the predetermined assigned first positional region for the first player.
There is motivation to combine House into Hankins because this graphic may allow coaches to illustrate to pitchers the potential liability of pitching a batter in a particular location, and to instruct fielders on the fine points of positioning in the field when it may be necessary to compensate (House Paragraph 0023).
Regarding Claim 1, Hankins teaches a method (Paragraph 0039 teaches techniques for providing a secure communication system that allows instructions to be selected and communicated are provided; these techniques may be used to communicate with an athlete during a sporting event while preventing competing athletes from overhearing these instructions; these techniques may be used in various sporting events to send instructions to an athlete during the sporting event from a coach, manager, or even another player who may wish to convey instructions to another player without inadvertently divulging these instructions to opposing players).
Regarding Claim 13, Hankins teaches a computing device comprising non-transitory computer-executable instructions that, when executed by programmable processing circuitry of the computing device, cause the programmable processing circuitry of the computing device to perform operations (Paragraph 0012 teaches a system for remotely communicating audio instructions, comprising a transmitter and a receiver; the transmitter includes a transmitter unit that transmits wireless signals and a microcontroller coupled to the transmitter unit; the transmitter microcontroller is configured to provide the transmitter unit with a selection signal to wirelessly transmit; the receiver includes: a receiving unit configured to wirelessly receive the selection signal; a memory configured to contain a plurality of stored audio instructions; an audio reproduction transducer configured to audibly reproduce the stored audio instructions; and a microcontroller coupled to the receiving unit, the memory and the audio reproduction transducer; the microcontroller is configured to control the memory and the audio reproduction transducer to reproduce a selected audio instruction in accordance with the received selection signal).
Regarding Claim 5, the combination of Hankins and House teaches all the limitations of claim 1 above; however, the combination does not explicitly teach wherein the sporting activity is a baseball game, and wherein the first adjusted play call is generated, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using a pitch call for the sporting activity play to determine the at least one change in both the specified direction and the specified distance to the position of the first player within the predetermined assigned first positional region for the first player.
House further teaches wherein the sporting activity is a baseball game (Paragraph 0021 teaches FIG. 2 demonstrates play analysis associated with a sequence according to an embodiment; a sequence related to a fielded ground ball in baseball may be analyzed), and wherein the first adjusted play call is generated, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using a pitch call for the sporting activity play to determine the at least one change in both the specified direction and the specified distance to the position of the first player within the predetermined assigned first positional region for the first player (Paragraphs 0021, 0047, and 0049 teach Fig. 2 demonstrates play analysis associated with a sequence according to an embodiment; in this example, a sequence related to a fielded ground ball in baseball may be analyzed; each frame of the diagrams corresponds to a temporal location in time on the film strip; the stages of the play include the pitcher releasing the ball, the batter hitting the ball, the 2nd baseman fielding the groundball, the 2nd baseman throwing the ball to the 1st baseman, the 1st baseman catching the ball, and the batter touching the 1st base bag; such plays or actions of a play may be determined from measurements obtained from observing actions in the sporting event; the animated view may comprise are presentation that demonstrates the dynamic positions of players on the playing surface overtime, according to another embodiment; this may be shown as a top down (top view) perspective; formation or play analysis may be used to navigate to similar situations in previous parts of the game, or previous games...spatial position of players in a play set may be used to match like plays elsewhere in the database, and made available for sequential viewing in the video and animated displays, with supporting representation in the diagram view; this would allow a coach to compare the current scenario against previous examples; actual data may be used to compute variations or defects in the formations and related to the outcome of the play; alternately, it may show the play formation look of the offense and defense and demonstrate the variations of play sets that follow).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to have modified the combination of Hankins and House to incorporate the further teachings of House for at least one of the first promotional currency conversion event and the second, different promotional currency conversion event to automatically occur based on a credit balance of the electronic gaming machine.
There is motivation to further combine House into the combination of Hankins and House because of the same reasons listed above for claims 1 and 13.
Regarding Claim 6, the combination of Hankins and House teaches all the limitations of claim 5 above; however, the combination does not explicitly teach wherein, when the pitch call comprises a first pitch type and a first pitch location, generating the first adjusted play call, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using the first pitch type and the first pitch location to determine the at least one change comprising both the specified direction in a first direction and the specified distance of a first magnitude to the position of the first player within the predetermined assigned first positional region for the first player.
House further teaches wherein, when the pitch call comprises a first pitch type and a first pitch location, generating the first adjusted play call, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using the first pitch type and the first pitch location to determine the at least one change comprising both the specified direction in a first direction and the specified distance of a first magnitude to the position of the first player within the predetermined assigned first positional region for the first player (Paragraphs 0021, 0047, and 0049 teach Fig. 2 demonstrates play analysis associated with a sequence according to an embodiment; in this example, a sequence related to a fielded ground ball in baseball may be analyzed; each frame of the diagrams corresponds to a temporal location in time on the film strip; the stages of the play include the pitcher releasing the ball, the batter hitting the ball, the 2nd baseman fielding the groundball, the 2nd baseman throwing the ball to the 1st baseman, the 1st baseman catching the ball, and the batter touching the 1st base bag; such plays or actions of a play may be determined from measurements obtained from observing actions in the sporting event; the animated view may comprise are presentation that demonstrates the dynamic positions of players on the playing surface overtime, according to another embodiment; this may be shown as a top down (top view) perspective; formation or play analysis may be used to navigate to similar situations in previous parts of the game, or previous games...spatial position of players in a play set may be used to match like plays elsewhere in the database, and made available for sequential viewing in the video and animated displays, with supporting representation in the diagram view; this would allow a coach to compare the current scenario against previous examples; actual data may be used to compute variations or defects in the formations and related to the outcome of the play; alternately, it may show the play formation look of the offense and defense and demonstrate the variations of play sets that follow).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to have modified the combination of Hankins and House to incorporate the further teachings of House for,when the pitch call comprises a first pitch type and a first pitch location, generate the first adjusted play call, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using the first pitch type and the first pitch location to determine the at least one change comprising both the specified direction in a first direction and the specified distance of a first magnitude to the position of the first player within the predetermined assigned first positional region for the first player.
There is motivation to further combine House into the combination of Hankins and House because of the same reasons listed above for claim 1.
Regarding Claim 7, the combination of Hankins and House teaches all the limitations of claim 6 above; however, the combination does not explicitly teach wherein, when the pitch call comprises a second, different pitch type and/or a second, different pitch location, generating the first adjusted play call, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using the second, different pitch type and the second, different pitch location to determine the at least one change comprising both the specified direction in a second, different direction and/or the specified distance of a second, different magnitude to the position of the first player within the predetermined assigned first positional region for the first player.
House further teaches wherein, when the pitch call comprises a second, different pitch type and/or a second, different pitch location, generating the first adjusted play call, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using the second, different pitch type and the second, different pitch location to determine the at least one change comprising both the specified direction in a second, different direction and/or the specified distance of a second, different magnitude to the position of the first player within the predetermined assigned first positional region for the first player (Paragraphs 0021, 0047, and 0049 teach Fig. 2 demonstrates play analysis associated with a sequence according to an embodiment; in this example, a sequence related to a fielded ground ball in baseball may be analyzed; each frame of the diagrams corresponds to a temporal location in time on the film strip; the stages of the play include the pitcher releasing the ball, the batter hitting the ball, the 2nd baseman fielding the groundball, the 2nd baseman throwing the ball to the 1st baseman, the 1st baseman catching the ball, and the batter touching the 1st base bag; such plays or actions of a play may be determined from measurements obtained from observing actions in the sporting event; the animated view may comprise are presentation that demonstrates the dynamic positions of players on the playing surface overtime, according to another embodiment; this may be shown as a top down (top view) perspective; formation or play analysis may be used to navigate to similar situations in previous parts of the game, or previous games...spatial position of players in a play set may be used to match like plays elsewhere in the database, and made available for sequential viewing in the video and animated displays, with supporting representation in the diagram view; this would allow a coach to compare the current scenario against previous examples; actual data may be used to compute variations or defects in the formations and related to the outcome of the play; alternately, it may show the play formation look of the offense and defense and demonstrate the variations of play sets that follow).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to have modified the combination of Hankins and House to incorporate the further teachings of House for, when the pitch call comprises a second, different pitch type and/or a second, different pitch location, generate the first adjusted play call, at least in part, by comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player using the second, different pitch type and the second, different pitch location to determine the at least one change comprising both the specified direction in a second, different direction and/or the specified distance of a second, different magnitude to the position of the first player within the predetermined assigned first positional region for the first player.
There is motivation to further combine House into the combination of Hankins and House because of the same reasons listed above for claim 1.
Regarding Claim 8, the combination of Hankins and House teaches all the limitations of claim 7 above; Hankins further teaches wherein transmitting the first adjusted play call to the first wearable player electronic device comprises transmitting both the specified direction in the second, different direction and the specified distance of the second, different magnitude to the position of the first player within the predetermined assigned first positional region for the first player to the first wearable player electronic device (Paragraph 0076-0077 teach the receivers receive this coded signal and decode the signal; the decoded signal commands the receivers to play specific stored audio tracks 80 a and 80 j in succession; hence, the first button push, in certain embodiments, is the pitch type, and the second button push is the pitch location; by using the same set of buttons to input two different types of information (pitch type and pitch location), the transmitter can be made much smaller, more elegant and easier to use for a catcher; the transmitter has a cancel button in the embodiment of FIG. 10; if the catcher, for example, pushes button 152 a (fastball) by mistake but meant to push button 152 b (curveball), he can press button, which sends out a coded signal immediately (no second button push needed) to each of the receivers; upon receiving the coded signal, the receivers play audio track 80 o, which is the word “cancel”; the transmitter resets after the cancel button is pushed, such that the next button 152 a-g that is pressed will select a pitch type again, and a second push of a button 152 a-g will select a pitch location).
Regarding Claim 9, the combination of Hankins and House teaches all the limitations of claim 7 above; however, the combination does not explicitly teach wherein the first adjusted play call is generated by the computing device, at least in part, using batter data, which comprises one or more outcomes of one or more prior at-bats when the pitch call comprises the second, different pitch type and the second, different pitch location, to include the at least one change in both the specified direction and the specified distance to the position of the first player within the predetermined assigned first positional region for the first player.
House further teaches wherein the first adjusted play call is generated by the computing device, at least in part, using batter data, which comprises one or more outcomes of one or more prior at-bats when the pitch call comprises the second, different pitch type and the second, different pitch location, to include the at least one change in both the specified direction and the specified distance to the position of the first player within the predetermined assigned first positional region for the first player (Paragraph 0023 teaches icons of individual plays may be coded by type and speed of a hit ball (possibly using normal notations such as ground outs, fly outs or base hits) and may be further conditioned by type and pitch speed; this graphic may allow coaches to illustrate to pitchers the potential liability of pitching a batter in a particular location, and to instruct fielders on the fine points of positioning in the field when it may be necessary to compensate; in another embodiment, one or more video clips corresponding to batted pitches in a particular region crossing the plate may be displayed sequentially, such as in a high-light reel; this may be used by broadcast analysts, who want to illustrate to viewers at home the difficulties with particular pitch locations for batters).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to have modified the combination of Hankins and House to incorporate the further teachings of House for the first adjusted play call to be generated by the computing device, at least in part, using batter data, which comprises one or more outcomes of one or more prior at-bats when the pitch call comprises the second, different pitch type and the second, different pitch location, to include the at least one change in both the specified direction and the specified distance to the position of the first player within the predetermined assigned first positional region for the first player.
There is motivation to further combine House into the combination of Hankins and House because of the same reasons listed above for claim 1.
Regarding Claims 10, 14 and, 16, the combination of Hankins and House teaches all the limitations of claims 1, 13, and 15 above; and Hankins further teaches transmitting the first play call from the computing device to a second, different wearable player electronic device (Paragraphs 0039 and 0043 teach the transmitter may be worn by a player coach manager, or other user that may provide instructions to another player or players wearing a corresponding receiver configured to receive the instructions from the transmitter; the transmitter may provide various means for a user to send instructions to a player or players wearing a corresponding transceiver; other embodiments may include other means for providing audible haptic and / or other feedback to the pitcher or other user of the receiver); and transmitting the first adjusted play call to the first wearable player electronic device while refraining from transmitting the first adjusted play call to the second, different wearable player electronic device (Paragraph 0044 teaches a technical benefit of using bone conduction technology to reproduce audio content is that typically only the wearer of the bone conductor receiver will be able to hear the audio produced (or transduced by the bone conductor even if the volume is turned up very high; hence, there is little to no likelihood that another player, other than the player wearing the receiver, will be able to hear the information provided from the audio file and receiver 30)).
Regarding Claims 11 and 15, the combination of Hankins and House teaches all the limitations of claims 10 and 14 above; and Hankins further teaches based on the comparison and using the sporting activity game circumstance data, generating a second adjusted play call, the second adjusted play call including at least one change relative to the first play call and being different than the first adjusted play call (Paragraphs 0075 and 0071-0072 teach if a specific right-handed batter with a runner on second base and one out, against this specific pitcher, tends to hit the ball toward second base with fastball that is low and outside, and that is the desired outcome, the software can identify this tendency and suggest that the coach call a fastball that is low and outside it is relatively easy to automate the pitch selection and pitch location process based on this information, with the coach merely having to update the game situation with the pitch count (how many balls and strikes), and the number of and locations of runners; the transmitter resets after the cancel button is pushed, such that the next button 152a g that is pressed will select a pitch type again, and a second push of a button 152a g will select 3 pitch location; as an operational example, assume that the catcher wants to call a fastball high and outside; to do so, the catcher presses button, corresponding to a fastball, and then presses button, corresponding to high outside); and transmitting the second adjusted play call to the second wearable player electronic device while refraining from transmitting the second adjusted play call to the first wearable player electronic device (Paragraph 0044 teaches technical benefit of using bone conduction technology to reproduce audio content is that typically only the wearer of the bone conductor receiver will be able to hear the audio produced (or transduced) by the bone conductor, even if the volume is turned up very high; there is little to no likelihood that another player, other than the player wearing the receiver, will be able to hear the information provided from the audio file and receiver).
Regarding Claim 12, the combination of Hankins and House teaches all the limitations of claim 11 above; and Hankins further teaches wherein the first wearable player electronic device corresponds to a pitcher player in the sporting activity game, and wherein the second wearable player electronic device corresponds to a non-pitcher positional player in the sporting activity game (Paragraphs 0039 and 0054 teach the transmitter may include a set of buttons that are mapped to a predetermined set of instructions; for example, the transmitter used in baseball may include a set of buttons mapped to a set of pitches, and a button may be pressed on the transmitter to send a corresponding command to a receiver worn by the pitcher), and wherein the second wearable player electronic device corresponds to a nonpitcher positional player in the sporting activity game the mapping of the buttons to specific commands may be configurable and the transmitter may be configured to multiple configurations suitable for use by multiple different players; it is desirable for the catcher to have a receiver installed in his helmet so that he will confirm the pitch type that he transmitted to the pitcher other defenders in the field may have receivers installed in their hats (i.e., nonpitcher positional player)).
Regarding Claim 17, the combination of Hankins and House teaches all the limitations of claim 16 above; and Hankins further teaches wherein the first wearable player electronic device corresponds to a pitcher and the second wearable player electronic device corresponds to a non-pitcher positional player (Paragraphs 0039 and 0054 teach the transmitter may include a set of buttons that are mapped to a predetermined set of instructions; for example, the transmitter used in baseball may include a set of buttons mapped to a set of pitches, and a button may be pressed on the transmitter to send a corresponding command to a receiver worn by the pitcher) and the second wearable player electronic device corresponds to a non-pitcher positional player (it is desirable for the catcher to have a receiver installed in his helmet so that he will confirm the pitch type that he transmitted to the pitcher other defenders in the field may have receivers installed in their hats)), and wherein the first play call comprises a pitch call that includes a first pitch type and a first pitch location (Fig 7A and Paragraph 0070 teach each button 152a - % represents both 3 pitch type and a pitch location), and wherein the non-transitory computer-executable instructions, when executed by programmable processing circuitry of the computing device, cause the programmable processing circuitry of the computing device to generate the first adjusted play call, at least in part, by using the first pitch type and the first pitch location to determine the adjustment of the position of the first player in both the specified direction in a first direction and the specified distance of a first magnitude within the predetermined assigned first positional region for the first player (Paragraph 0075 teaches if a specific right-handed batter, with a number on second base and one out against this specific pitcher, tends to hit the ball toward second base with fastball that is low and outside, and that is the desired outcome, the software can identify this tendency and suggest that the coach call a fastball that is low and outside although the game situation may call for a fastball that).
However, the combination does not explicitly teach comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player.
House further teaches comparing the at least one image data frame, which includes the player positional formation data, to the predetermined assigned first positional region for the first player (Fig. 2 and Paragraphs 0021, 0047, and 0049 teach FIG. 2 demonstrates play analysis associated with a sequence according to an embodiment; a sequence related to a fielded ground ball in baseball may be analyzed; each frame of the diagrams corresponds to a temporal location in time on the film strip; the stages of the play include the pitcher releasing the ball, the batter hitting the ball, the 2nd baseman fielding the ground ball, the 2nd baseman throwing the ball to the 1st baseman, the 1st baseman catching the ball, and the batter touching the 1st base bag; such plays or actions of a play may be determined from measurements obtained from observing actions in the sporting event; the animated view may comprise a representation that demonstrates the dynamic positions of players on the playing surface over time, according to another embodiment; this may be shown as top down (top view) perspective; formation or play analysis may be used to navigate to similar situations in previous parts of the game, or previous games; spatial position of players in a play set may be used to match like plays elsewhere in the data base, and made available for sequential viewing in the video and animated displays, with supporting representation in the diagram view; this would allow a coach to compare the current scenario against previous examples; actual data may be used to compute variations or defects in the formations and related to the outcome of the play; alternately, it may show the play formation look of the offense and defense and demonstrate the variations of play sets that follow).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to have modified the combination of Hankins and House to incorporate the further teachings of House for comparing the at least one image data frame to include the player positional formation data, to the predetermined assigned first positional region for the first player.
There is motivation to further combine House into the combination of Hankins and House because graphic may allow coaches to illustrate to pitchers the potential liability of pitching a batter in a particular location, and to instruct fielders on the fine points of positioning in the field when it may be necessary to compensate (House Paragraph 0023).
Regarding Claim 18, the combination of Hankins and House teaches all the limitations of claim 17 above; and Hankins further teaches transmit the first adjusted play call to the second wearable player electronic device while refraining from transmitting the first adjusted play call to first wearable player electronic device prior to execution by the pitcher of the pitch call (Paragraph 0044 teaches a technical benefit of using bone conduction technology to reproduce audio content is that typically only the wearer of the bone conductor receiver will be able to hear the audio produced (or transduced by the bone conductor even if the volume is turned up very high; hence, there is little to no likelihood that another player, other than the player wearing the receiver will be able to hear the information provided from the audio file and receiver)).
Regarding Claim 19, the combination of Hankins and House teaches all the limitations of claim 16 above; however, the combination does not explicitly teach extract player positional formation data relative to the field of play from the at least one image data frame.
House further teaches extract player positional formation data relative to the field of play from the at least one image data frame (Paragraphs 0021, 0026, and 0072 teach FIG. 2 demonstrates play analysis associated with a sequence according to an embodiment; a sequence related to a fielded ground ball in baseball may be analyzed; each frame of the diagrams corresponds to a temporal location in time on the film strip; the stages of the play include the pitcher releasing the ball, the batter hitting the ball, the 2nd baseman fielding the ground ball, the 2nd baseman throwing the ball to the 1st baseman, the 1st baseman catching the ball, and the batter touching the 1st base bag; such plays or actions of a play may be determined from measurements obtained from observing actions in the sporting event; a basic outline of events may be extracted from the video; the field of view corresponding to a video sequence or a portion of a video sequence may be determined by automatically analyzing the video sequence or the portion of the video sequence; measurements may be extracted based on determining a field of view).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to have modified the combination of Hankins and House to incorporate the further teachings of House to extract player positional formation data relative to the field of play from the at least one image data frame.
There is motivation to further combine House into the combination of Hankins and House because to aid coaches in relating statistical information with their analysis gathered from video (House Paragraph 0017).
Regarding Claim 20, the combination of Hankins and House teaches all the limitations of claim 13 above; and Hankins further teaches generate the first adjusted play call, which comprises an adjustment to the first current position of the first player in both a first specified direction and of a first specified magnitude within the first predetermined assigned positional region definition for the first player using at least: (i) the determined first current position of the first player relative to the first predetermined assigned positional region definition and (ii) the sporting activity game circumstance data that comprises a pitch type and a pitch location of the first play call (Paragraphs 0075 and 0054 teach if a specific right-handed batter with a runner on second base and one out against this specific pitcher tends to hit the ball toward second base with fastball that is low and outside, and that is the desired outcome, the software can identify this tendency and suggest that the coach call a fastball that is low and outside although the game situation may call for a fastball that is low and outside, introducing a percentage of randomness can cause the transmitter to select a curveball down the middle pitch type and a pitch location of the first play call; other defenders in the field may have receivers installed in their hats; by knowing which pitch is about to be thrown, fielders will shift their positions slightly to better anticipate where the batter is likely to hit the ball); transmit the first adjusted play call to the first wearable player electronic device (Paragraph 0054 teaches other defenders in the field may have receivers installed in their hats); generate a second adjusted play call, which comprises an adjustment to the second current position of the second player in both a second specified direction and of a second specified magnitude within the second predetermined assigned positional region definition for the second player using at least: (i) the determined second current position of the second player relative to the second predetermined assigned positional region definition and (ii) the sporting activity game circumstance data that comprises the pitch type and the pitch location of the first play call (Paragraphs 0054 and 0075 teach other defenders in the field; if a specific right-handed batter with a runner on second base and one out against this specific pitcher tends to hit the ball toward second base with fastball that is low and outside, and that is the desired outcome, the software can identify this tendency and suggest that the coach call a fastball that is low and outside); and transmit the second adjusted play call to a second, different wearable player electronic device (Paragraph 0054 teaches other defenders in the field may have receivers installed in their hats).
However, the combination does not explicitly teach compare one or more image data frames to a predetermined player positioning template that comprises the first predetermined assigned positional region definition for the first player within the field of play and a second predetermined assigned positional region definition for a second player within the field of play; based on the comparison, determine a first current position of the first player relative to the first predetermined assigned positional region definition; and based on the comparison, determine a second current position of the second player relative to the second predetermined assigned positional region definition.
House further teaches compare one or more image data frames to a predetermined player positioning template that comprises the first predetermined assigned positional region definition for the first player within the field of play and a second predetermined assigned positional region definition for a second player within the field of play; based on the comparison, determine a first current position of the first player relative to the first predetermined assigned positional region definition; and based on the comparison, determine a second current position of the second player relative to the second predetermined assigned positional region definition (Paragraphs 0021, 0047, and 0049 teach FIG. 2 demonstrates play analysis associated with a sequence according to an embodiment; a sequence related to a fielded ground ball in baseball may be analyzed; each frame of the diagrams corresponds to a temporal location in time on the film strip; the stages of the play include the pitcher releasing the ball, the batter hitting the ball, the 2nd baseman fielding the ground ball, the 2nd baseman throwing the ball to the 1st baseman, the 1st baseman catching the ball, and the batter touching the 1st base bag; such plays or actions of a play may be determined from measurements obtained from observing actions in the sporting event; the animated view may comprise a representation that demonstrates the dynamic positions of players on the playing surface over time, according to another embodiment; this may be shown as a top down (top view) perspective; formation or play analysis may be used to navigate to similar situations in previous parts of the game, or previous games; spatial position of players in a play set may be used to match like plays elsewhere in the data base, and made available for sequential viewing in the video and animated displays, with supporting representation in the diagram view; this would allow a coach to compare the current scenario against previous examples Actual data may be used to compute variations or defects in the formations and related to the outcome of the play; alternately, it may show the play formation look of the offense and defense and demonstrate the variations of play sets that follow).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to have modified the combination of Hankins and House to incorporate the further teachings of House to compare one or more image data frames to a predetermined player positioning template that comprises the first predetermined assigned positional region definition for the first player within the field of play and a second predetermined assigned positional region definition for a second player within the field of play; based on the comparison, determine a first current position of the first player relative to the first predetermined assigned positional region definition; and based on the comparison, determine a second current position of the second player relative to the second predetermined assigned positional region definition.
There is motivation to further combine House into the combination of Hankins and House because of the same reasons listed above for claim 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Padula (US 20230158391) teaches a signaling system for wirelessly transmitting private signals between participants of an event is provided. The signaling system includes an indicator positioned in the apparel of a first participant, and an actuator positioned in the apparel of a second participant. The indicator including a signaler, an indicator processor, and a wireless receiver. The actuator including a button, an actuator processor, and a wireless transmitter. The actuator processor is configured to produce signal data for wireless transmission. The indicator processor is configured to electronically communicate with the signaler based on the signal data received by the wireless receiver.
Charalambides et al. (US 11,103,764) teaches an apparatus for communication, a system thereof, and methods of manufacture thereof are provided. The apparatus comprises a body and a printed circuit board (PCB) operatively coupled to the body. The PCB comprises a processing unit, a first communication module operatively coupled to the processing unit, and an array of assemblies. The first communication module is configured to communicate with a secondary communication module wirelessly. The array of assemblies comprises at least two rows and at least two columns. Each assembly comprises a switch and a light. The array of assemblies are operatively coupled to the processing unit. Each light is configured to change a state responsive to at least one of a change in state by the switch within the same assembly and a control signal from the first communication module.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY JONES whose telephone number is (469)295-9137. The examiner can normally be reached on 7:30 am - 4:30 pm CST (M-Th).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Neha Patel can be reached at (571) 270-1492. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/COURTNEY P JONES/Primary Examiner, Art Unit 3699
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