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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/07/2024 and 03/03/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP 21306275.5 filled on 09/15/2021.
Claim Objections
Claim 19,24,27-28, and 36-38 objected to because of the following informalities:
Regarding to claim 19,
The phrase “a a synchronization trigger” should read as “a synchronization trigger”.
“its” in “its wireless connection module” , “its internal clock” , “its identifier”, "its memory", and "its own internal clock" . “Its” could be understand as “at least two devices” or “one device only”. Please consider change it or amend it for more clarification .
Regarding to claim 19,24,27-28, and 36-38,
The phrase “Each device” in this claim is not necessary please consider changing to “one of the at least two devices”
Regarding to claim 19, and 36-38,
“Tied” in “The devices are tied so that each device knows the identifier of other tied devices;” . Grammatical revision is required "insert limitation" for further clarification.
Appropriate correction is required.
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.
Claim 19-38 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Claim(s) 19 recite “comprising its own internal clock data as well as the internal clock data and identifier received.” . Based on the language on the language of claim(s) 19, it is unclear to the Examiner what the “comprising its own internal clock data as well as the internal clock data and identifier received.” correspond to . For example, is the two “its own internal clock data” are for “at least two devices” or only one device.
Claim 20-35 rejected to as being dependent upon a rejected base claim.
Claim(s) 19, 27,29 and 34 recite “at least one of the other devices” and “the devices” . Based on the language on the language of claim(s) 19, 27,29 and 34 it is unclear to the Examiner what the “at least one of the other devices” and “the devices” correspond to . For example, is the devices mean “at least two devices” or one of the “ at least two devices” or a new device.
Claim 20 recites the limitation “the frequency of broadcasting” . There is insufficient antecedent basis for this limitation in the claim.
Claim(s) 25 and 36 recite “all devices ” . Based on the language on the language of claim(s) 25 and 36 it is unclear to the Examiner what the “all devices” correspond to . For example, is all devices mean “the at least two devices“, ” the at least two devices” , or a new device.
Claim(s) 26 recite “predetermined synchronization frequency ranges between 1 to 6 hour^-1” is unclear and ambiguous. Based on the language on the language of claim(s) 26 it is unclear to the Examiner what the meaning of “^-1” in “predetermined synchronization frequency ranges between 1 to 6 hour^-1” correspond to . For example, is it mean “a synchronization period ranges between 1 to 6 hour.“ or “synchronization frequency ranges between 1 to 6 hour” . Please consider amend/add more clarification.
Claim 27 recites the limitation “the period of broadcasting” . There is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation “the duration of each scan window” . There is insufficient antecedent basis for this limitation in the claim.
Claim 36-38 ,is unclear and ambiguous. For example, while the preamble is claiming a synchronization data method as an independent claim format, however, the claim body is recited as a dependent claim of claim 19 “A method of acquiring timestamped data and timing data” . If applicant’s intention is indeed for claiming synchronization data method as an independent claim format, the examiner suggests the applicant to amend the claim by writing out with the subject matters that are same or similar as those recited in claim 19.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bose (US 20230260552 A1), hereinafter Bose.
Regarding to claim 19,
Bose teaches A method of acquiring timestamped data and timing data by at least two devices wherein: (fig. 1) and ([0067] the computer on the mobile device may determine a clock difference between the motion capture element and the mobile device and synchronize the motion analysis data with the video ... a mobile phone and an embedded sensor may exchange messages with the current timestamps of their internal clocks; these messages allow a negotiation to occur wherein the two devices agree on a common time. Such messages may be exchanged periodically as needed to account for clock drift or motion of the devices after a previous synchronization)
Each device comprises an internal clock, an identifier, a a synchronization trigger, a memory, a wireless connection module and at least one sensor;([0084] computer may compare its clock to an internal clock of the motion capture element and to an internal clock of a camera, by exchanging packets containing the current time as registered by each device. ... [0178] Each mobile device 101, 102, 102a, 102b may optionally include an internal identifier reader 190, for example an RFID reader, or may couple with an identifier reader or RFID reader (see mobile device 102) to obtain identifier 191 ... [0245] The motion capture elements may also include a memory, for storing capture data, and a microprocessor for analyzing this data. ) and ([0067] devices may be embedded sensors, )
The devices are tied so that each device knows the identifier of other tied devices;( [0019] intelligent recognition of events within motion data including but not limited to motion capture data obtained from portable wireless motion capture elements such as visual markers and sensors, radio frequency identification tags and mobile device computer systems, or calculated based on analyzed movement associated with the same user) Each device acquires sensor data and, through its wireless connection module, continuously broadcasts its internal clock data and its identifier;( [0178] Each mobile device 101, 102, 102a, 102b may optionally include an internal identifier reader 190, for example an RFID reader, or may couple with an identifier reader or RFID reader (see mobile device 102) to obtain identifier 191. ... This enables team sports or locations with multiple players or users to be identified with respect to the app that may receive data associated with a particular player or user.) and ([0067] a mobile phone and an embedded sensor may exchange messages with the current timestamps of their internal clocks; these ... Such messages may be exchanged periodically as needed to account for clock drift or motion of the devices) For each device, when triggering by the synchronization trigger, said device acquires a timing data, said acquisition comprising: ([0002] one or more embodiments enable a multi-sensor event detection and tagging system that enables intelligent analysis, synchronization) i. Scanning through its wireless connection module to receive internal clock data and identifier broadcasted by at least one of the other devices; and ([0067] synchronization is accomplished by exchanging information between devices so that the devices can agree on a common measurement for time, location, or orientation. For example, a mobile phone and an embedded sensor may exchange messages with the current timestamps of their internal clocks; these messages allow a negotiation to occur wherein the two devices agree on a common time. Such messages may be exchanged periodically as needed to account for clock drift or motion of the devices) ii. Storing in its memory the timing data comprising its own internal clock data as well as the internal clock data and identifier received. (Fig. 40 ) and ([0069] . When an event detection occurs, the recording device may store some configured amount of data prior to the start of the event, and some configured amount of data after the end of the event, in addition to storing the data captured during the event itself. ... [0179] The motion capture data from motion capture element 111, any data associated with the piece of equipment 110, such as identifier 191 and any data associated with user 150, or any number of such users 150, such as second user 152 may be stored in locally in memory, or in a database local to the computer or in a remote database, for example database 172 for example that may be coupled with a server... [0232] mobile phone and an embedded sensor may exchange messages across link 1802, e.g., wirelessly, with the current timestamps of their internal clocks; these messages allow a negotiation to occur wherein the two devices agree on a common time.)
Regarding to claim 21 ,
Bose teaches the method of acquiring timestamped data and timing data according to claim 19, Bose further teaches wherein the sensor data are acquired continuously. ([0357 ]system may be able to detect such events instantaneously by monitoring sensor values continuously).
Regarding to claim 23,
Bose teaches the method of acquiring timestamped data and timing data according to claim 19, Bose further teaches wherein the synchronization trigger is a predetermined synchronization frequency. ([0357 ] system may be able to detect such events instantaneously by monitoring sensor values continuously).
Regarding to claim 24 ,
Bose teaches the method of acquiring timestamped data and timing data according to claim 23, Bose further teaches wherein each device comprises the same predetermined synchronization frequency, the timing data being acquired asynchronously by each device. ( [0084] ... techniques include clock synchronization methods well-known in the art, such as the network time protocol, that ensure that all devices—motion capture elements, computer, and cameras—use a common time base. In another technique the computer may compare its clock to an internal clock of the motion capture element and to an internal clock of a camera, by exchanging packets containing the current time as registered by each device. Other techniques analyze motion data and video data to align their different time bases for synchronization. For instance, a particular video frame showing a contact with a ball may be aligned with a particular data frame from motion data showing a shock in an accelerometer; these frames can then be used effectively as key frames, to synchronize the motion data and the video data. The combined video data and motion data forms a synchronized event video with an integrated record of an event.)
Regarding to claim 30,
Bose teaches the method of acquiring timestamped data and timing data according to claim 19,Bose further teaches wherein the wireless connection module is a Bluetooth low energy system.([0245] the communication interface may be wired or wireless. It may include for example, without limitation: a radio for a wireless network such as for example Bluetooth, Bluetooth Low Energy)
Regarding to claim 31,
Bose teaches the method of acquiring timestamped data and timing data according to claim 19,Bose further teaches wherein the at least two devices comprise at least one of: an accelerometer, a pressure sensor, a magnetometer, a gyroscope, an electrocardiogram sensor, an oximeter, an electroencephalogram sensor, a temperature sensor, a force sensor, an arterial blood flow sensor, an atmospheric pressure sensor, a plantar pressure sensor, a glucose level sensor, a posture sensor, a balance sensor, a heartbeat sensor and/or a telemetry sensor.([ 0339] motion sensors may include an accelerometer).
Regarding to claim 34,
Bose teaches the method of acquiring timestamped data and timing data according to claim 19,Bose further teaches wherein the devices are wearable devices.( [0054]enable RFID or passive RFID tags to be placed on items that a user moves wherein embodiments of the system keep track of the motion. For example, by placing passive RFID tags on a particular helmet or cap, or protective mouthpiece for boxing, football, soccer or other contact sport, particular dumbbells at a gym)
Regarding to claim 35,
Bose teaches the method of acquiring timestamped data and timing data according to claim 19,Bose further teaches wherein the at least two devices comprise two insoles.( [0062] sensors coupled to equipment, such as .... shoes ).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bose in view of Nikopour (US 20160295589 A1), hereinafter Nikopour .
Regarding to claim 20,
Bose teaches The method of acquiring timestamped data and timing data according to claim 19,
Bose does not explicitly teaches wherein continuous broadcasting is periodic and the frequency of broadcasting is ranging from 1 Hz to 25 Hz.
Nikopour teaches, wherein continuous broadcasting is periodic and the frequency of broadcasting is ranging from 1 Hz to 25 Hz. ( [0039] A CAM may be a periodic short message in the form of a beacon or heartbeat message. Thus in this sense, a CAM is a time driven message. For example, a CAM message may be broadcasted at a frequency in the range of 1-10 Hz ... However, these values are merely examples... and [0053] processing system or for receiving timing signals for time synchronization of the system with other systems.)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Nikopour to the teaching of Bose. The motivation for such an addition would be to delivery information quickly ([0035] Nikopour ).
Claim(s) 22 is rejected under 35 U.S.C. 103 as being unpatentable over Bose in view of Jeon (US 20210382978 A1), hereinafter Jeon.
Regarding to claim 22,
Bose teaches the method of acquiring timestamped data and timing data according to claim 19, Bose does not explicitly teaches wherein the synchronization trigger is a predetermined number of acquired sensor datapoints.
Jeon teaches wherein the synchronization trigger is a predetermined number of acquired sensor datapoints ( [0023]power consumed in performing implicit continuous authentication may be reduced using an authentication period determined on the basis of sensor data, rather than using a fixed authentication period.)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Jeon to the teaching of Bose. The motivation for such an addition would be to reduce power consumed ([0023] Jeon)
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bose in view of Praveen (US 20110299472 A1), hereinafter Praveen.
Regarding to claim 25,
Bose teaches the method of acquiring timestamped data and timing data according to claim 23,
Bose does not explicitly teaches wherein the predetermined synchronization frequency is larger than or equal to A/20, where A is the largest internal clock drifting rate of all devices.
Praveen teaches wherein the predetermined synchronization frequency is larger than or equal to A/20, where A is the largest internal clock drifting rate of all devices. (fig.2) and ( [0018] Synchronization activity period (SAP) 202 is the period in which synchronization activity (SA) shall happen .... The duration of SAP depends on multiple factors such as synchronization periodicity, maximum relative clock drift rate with respect to its coordinator )
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Praveen to the teaching of Bose. The motivation for such an addition would be to give maximum power efficiency ([0004] Praveen).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bose in view of Praveen (US20090161653A1), hereinafter Praveen653.
Regarding to claim 26,
Bose teaches the method of acquiring timestamped data and timing data according to claim 23,
Bose does not explicitly teaches wherein the predetermined synchronization frequency ranges between 1 to 6 hour^-1
Praveen653 teaches wherein the predetermined synchronization frequency ranges between 1 to 6 hour^-1 ([0019] Synchronization Frame (SF) ... [0024] The duration of the SF 300 can be either increased or decreased to support the synchronization periodicity ranging from few seconds to a few hours. )
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Praveen653 to the teaching of Bose. The motivation for such an addition would be to have efficient synchronization ([0024]Praveen653).
Claim(s) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bose and Nikopour in view of Madine (US 20190158202 A1), hereinafter Madine.
Regarding to claim 27,
Bose and Nikopour teaches the method of acquiring timestamped data and timing data according to claim 20,
Bose and Nikopour does not explicitly teaches wherein duration of the scanning of each device is larger than or equal to the period of broadcasting of at least one of the other devices.
Madine teaches wherein duration of the scanning of each device is larger than or equal to the period of broadcasting of at least one of the other devices. .( [0167] If the scanning window is too long (significantly larger than the ID broadcast frequency), the BLE tag will appear on several gateway devices as it moves. There will be a strong signal detected at the start, middle and end of the corridor.)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Madine to the teaching of Bose and Nikopour. The motivation for such an addition would be to determining a position of a low-capability device. ([0001] Madine).
Regarding to claim 28,
Bose and Nikopour and Madine teaches the method of acquiring timestamped data and timing data according to claim 27,
Bose and Nikopour does not explicitly teaches wherein the duration of the scanning of each device is 30 seconds.
Madine teaches wherein the duration of the scanning of each device is 30 seconds. ([0060]According to an exemplary embodiment of all aspects of the present invention, the scanning is performed for the duration of a pre-defined or determined according to pre-defined rule time interval.)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Madine to the teaching of Bose and Nikopour. The motivation for such an addition would be to determining a position of a low-capability device. ([0001] Madine).
Regarding to claim 29,
Bose and Nikopour teaches the method of acquiring timestamped data and timing data according to claim 20,
Bose and Nikopour does not explicitly teaches wherein the scanning comprises at least one scan window, the duration of each scan window being larger than or equal to the period of broadcasting of at least one of the other devices, and each scan window being successively performed until at least one of the other devices is found.
Madine teaches wherein the scanning comprises at least one scan window, the duration of each scan window being larger than or equal to the period of broadcasting of at least one of the other devices, and each scan window being successively performed until at least one of the other devices is found. ( [0167] If the scanning window is too long (significantly larger than the ID broadcast frequency), the BLE tag will appear on several gateway devices as it moves. There will be a strong signal detected at the start, middle and end of the corridor.)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Madine to the teaching of Bose and Nikopour. The motivation for such an addition would be to determining a position of a low-capability device. ([0001] Madine).
Claim(s) 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bose and Geiser (US 20130215712 A1), hereinafter Geiser.
Regarding to claim 32,
Bose teaches the method of acquiring timestamped data and timing data according to claim 19,
Bose does not explicitly teaches wherein the acquisition of sensor data lasts at least 10 hours.
Geiser teaches wherein the acquisition of sensor data lasts at least 10 hours. ([0084] Data recorded by data acquisition and recording system 10 is ... in the form of digitally sampled time series referred to as ... for each sensor 12 or 22. Each value in the time series is recorded at a known time and represents the value of the seismic energy sensed by sensors 12 and 22 at that time. The data are recorded over a period of time referred to as the data acquisition time period. The data acquisition time period ... depending on the objective.... When the objective of the survey is to monitor a fracturing operation, for example, the data acquisition time period may be in hours or even days.)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Geiser to the teaching of Bose . The motivation for such an addition would be to monitor operation. ([0084] Geiser).
Regarding to claim 33,
Bose and Geiser teaches the method of acquiring timestamped data and timing data according to claim 32,
Bose does not explicitly teaches wherein the acquisition of sensor data lasts at least 24 hours.
Geiser further teaches wherein the acquisition of sensor data lasts at least 24 hours. ([0084] Data recorded by data acquisition and recording system 10 is ... in the form of digitally sampled time series referred to as ... for each sensor 12 or 22. Each value in the time series is recorded at a known time and represents the value of the seismic energy sensed by sensors 12 and 22 at that time. The data are recorded over a period of time referred to as the data acquisition time period. The data acquisition time period ... depending on the objective.... When the objective of the survey is to monitor a fracturing operation, for example, the data acquisition time period may be in hours or even days.)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Geiser to the teaching of Bose . The motivation for such an addition would be to monitor operation. ([0084] Geiser).
Claim(s) 36-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bose and Hariharan (US 11451931 B1), hereinafter Hariharan.
Regarding to claim 36,
Bose teaches Tying at least two devices to each other; (fig. 1C ) and ( [0067] a mobile phone and an embedded sensor may exchange messages with the current timestamps of their internal clocks; these messages allow a negotiation to occur wherein the two devices agree on a common time ... [0197] identifier may be transmitted as part of step 305, such as a passive RFID or active RFID or other identifier such as a team/jersey number or other player ID, which may be utilized by the mobile computer to determine what user has just been potentially injured, or what weight as user is lifting, or what shoes a user is running with, or what weapon a user is using, or what type of activity a user is using based on the identifier of the equipment.) Acquiring timestamped data and timing data by said tied devices according to claim 19; (fig. 1 , fig. 1C ) and ([0066-0067], [0069], [0197] )
Bose does not explicitly teaches method of synchronizing timestamped data, the method comprising: Transmitting timestamped data and timing data from each device to a collector device; and Synchronizing the transmitted timestamped data from all devices in the collector device, using timing data of all devices.
Hariharan teaches method of synchronizing timestamped data, the method comprising: Transmitting timestamped data and timing data from each device to a collector device; and Synchronizing the transmitted timestamped data from all devices in the collector device, using timing data of all devices. ((column 25 , row 5- row 35) Example 1 .... receiving first sensor data ... receiving second sensor data... synchronizing the second sensor data and the first sensor data using the timing offset to generate a set of synchronized sensor data)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Hariharan to the teaching of Bose . The motivation for such an addition would be to synchronize sensor data across multiple device. (((column 1 row 20-25)) Hariharan).
Regarding to claim 37,
Bose and Hariharan teaches the method of synchronizing timestamped data according to claim 36,
Bose does not explicitly teaches wherein tying the at least two devices to each other is performed by sending, to each device, an identifier corresponding to each of the other device, the identifier uniquely identifying each device
Hariharan teaches wherein tying the at least two devices to each other is performed by sending, to each device, an identifier corresponding to each of the other device, the identifier uniquely identifying each device.( column 23 row 15-30 )( gathering and use of motion data, such as data indicative of movements of computing devices and/or accessory devices. The present disclosure contemplates that in some instances, this gathered data may include personal information data that uniquely identifies or can be used to contact or locate a specific person. Such personal information data can include demographic data, location-based data, telephone numbers, email addresses, twitter handles, home addresses, data or records relating to a user's health or level of fitness (e.g., vital signs measurements, medication information, exercise information), date of birth, or any other identifying or personal information.)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Hariharan to the teaching of Bose . The motivation for such an addition would be to synchronize sensor data across multiple device. (((column 1 row 20-25)) Hariharan).
Regarding to claim 38,
Bose and Hariharan teaches the method of synchronizing timestamped data according to claim 36, Bose further teaches further comprising, before tying the at least two devices to each other, assigning a unique identifier to each device.( [0043] Embodiments of the invention may also include an identifier coupled with the at least one motion capture sensor or the user or the piece of equipment. In one or more embodiments, the identifier may include a team and jersey number or student identifier number or license number or any other identifier that enables relatively unique identification of a particular event from a particular user or piece of equipment.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VAN T NGUYEN whose telephone number is (571)272-6178. The examiner can normally be reached 8:00 AM - 5:00 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman A Abaza can be reached at (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VAN TA NGUYEN/Examiner, Art Unit 2465
/YEE F LAM/Primary Examiner, Art Unit 2465