DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged
Claim Objections
Claim 9 is objected to because of the following informalities:
In claim 9, the method step “(c)” is repeated twice for two different method steps. It appears the second “(c)” step should be “(d)”
Appropriate correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1, 2, 4-6 and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perez (US 6890273).
Regarding claim 1
Perez teaches:
A method for determining a read of a putt (see Fig. 4), the method comprising:
receiving a magnitude of slope parameter (see Fig. 4, step 104, measure "slope at device"), a length of putt parameter (see Fig. 4, step 104, measure "distance to target") and a green speed parameter (col. 5, lines 8 and 9, "factor or constant to compensate for surface resistance", this corresponds to a green speed parameter as it serves as a measure of rolling friction, paragraphs [0005] and [0092] of the present application state that "the green speed is primarily a measure of the amount of friction that affects the rolling golf ball");
calculating a break and a pace based on the magnitude of slope parameter, the length of putt parameter and the green speed parameter (Fig. 4, step 112, "calculate offset distance"; Fig. 6, 18A; and col. 4, lines 35 to 41, "The recommended offset distance tells the golfer 40 how far to the left or right of the direct putt line to redirect the putt.' The "offset distance" in Perez is equivalent to a break and a pace, [0095] of the present application describes that "the break is the distance amount and direction that a user may aim for in order for the ball to reach the targeted hole", [0096] of the present application describes that "the pace is defined as the amount of distance that a user needs to shoot for in order for the ball to reach the targeted hole", and [0007] of the present application describes that "break and pace are interconnected"), the read of the putt comprising the break and the pace (implicit based on the above);
determining if additional accuracy is required (Fig. 4, step 110, "have sufficient measurements been taken?");
if additional accuracy is required, the magnitude of slope parameter, the length of putt parameter, or the green speed parameter may be adjusted, and the break and the pace may be re-calculated (represented by the feedback loop "NO" in Fig. 4 followed by steps 106 and 108, "move measuring device toward hole along direct putt line" then "repeat measure of distance to target and slope at device"); and
if additional accuracy is not required (represented by condition "YES" in Fig. 4), the break and the pace to be displayed on a graphical user interface (step 114, "display offset distance") for a user to hit a golf ball according to the read of the putt (step 116, "aim putt at hole, compensating by offset distance").
Regarding claim 2
Perez teaches:
The method of claim 1(see rejection of claim 1 above) wherein the magnitude of slope parameter is measured using an inertial measurement unit (see Col. 3, lines 52 to 55, "the measuring device 20 collects measurement data sets, which comprise a slope angle and a distance to the hole 14 at its current location. Accordingly, the measuring device 20 contains at least one inclinometer and a rangefinder", also see Col. 5, lines 19 to 27, "referring to FIG. 3, the measurement device 20 has a control unit 50, which receives input from the Selection buttons 22, and calculates the recommended offset distance and visually indicates the same on the display 24. The control unit also accepts
inputs from a transverse inclinometer 54T, and according to a further embodiment of the
invention: from a longitudinal inclinometer 54L").
Paragraph [0063] of the present application describes that "IMU 116 may be any component or device that can measure pitch and angle of a surface".
In addition, Figure 5 and Col. 5, lines 41 to 55 of Perez disclose, "according to the embodiment shown in FIG. 5, a pair of inclinometers are present within the housing 21 - namely the longitudinal inclinometer extending longitudinally parallel to the bottom 20B and the transverse inclinometer extending transversely parallel to the bottom 20B. The measurement device 20 is used just as previously described, where the positioning arrow is aligned with the direct putt line 18. Multiple measurement sets are acquired-first at the maximum position, and then at subsequent positions along the direct putt line 18. Then, the offset distance is calculated from a three dimensional mathematical modeling of the golfing green to provide a recommended offset distance which more precisely indicates where the golfer should aim the golf stroke".
Regarding claim 4
Perez teaches:
The method of claim 1(see rejection of claim 1 above) wherein if additional accuracy is required, the method further comprising receiving a second magnitude of slope parameter (col. 4, lines 12 to 15, "multiple measurement data sets are acquired at various positions (20', 20", 20'") further along the direct putt line than the maximum position 20P. Thus, at each of these positions, the slope is measured. and Fig.
4, steps 106 and 108, "move measuring device toward hole along direct putt line" then "repeat measure of distance to target and slope at device"), and averaging the first magnitude of slope parameter with the second magnitude of slope parameter, the averaged magnitude of slope parameter to be used in re-calculating the break and the pace (Fig. 4, step 112; col. 6, lines 9 to 12 "once sufficient measurements have been taken, the recommended offset distance is calculated by the device 112", the recommend offset distance must be a result of an average of the slope and distance measurements, Col. 4, lines 40 to 46 describe that "the recommended offset distance suggests a redirected putt line 18A to the golfer. The redirected putt line is intended to compensate for the average slope between the maximum position and the hole SO that if the golf ball 16 is accurately hit along the redirected putt line 18A, the slope of the putting green will carry the ball toward the hole 14"). Col. 5, lines 1 to 5 of Perez describe an algorithm for calculating the recommended offset distance, which is to "sum the horizontal (transverse) components and vertical (longitudinal) components of vectors created by each measurement data set. Create a resultant vector from the summed horizontal and vertical components", the resultant vector is an average of the magnitudes of the horizontal and vertical slope components).
Regarding claim 5
Perez teaches:
A non-transitory computer-readable medium (Fig. 3 of Perez discloses a measurement device such as that used to perform the method of Fig. 4. The measurement device comprises a control unit 50. Col. 5, lines 20 to 24 describe that "the measurement device 20 has a control unit 50, which receives input from the selection buttons 22, and calculates the recommended offset distance and visually indicates the same on the display 24". Hence, the control unit comprises a non-transitory computer-readable medium.) comprising instructions executable by a processor (the control unit 50 is a processor which executes instructions to perform the method of Figure 4) to:
receive a magnitude of slope parameter (Fig. 4, step 104, measure "slope at device"), a length of putt parameter (Fig. 4, step 104, measure "distance to target") and a green speed parameter (col. 5, lines 8 and 9, "factor or constant to compensate for surface resistance", this corresponds to a green speed parameter as it serves as a measure of rolling friction, paragraphs [0005] and [0092] of the present application state that "the green speed is primarily a measure of the amount of friction that affects the rolling golf ball");
determine a break and a pace based on the magnitude of slope parameter, the length of putt parameter and the green speed parameter (Fig. 4, step 112, "calculate offset distance"; FIG. 6, 18A; and col. 4, lines 35 to 41, "The recommended offset distance tells the golfer 40 how far to the left or right of the direct putt line to redirect the putt. The "offset distance" in Perez is equivalent to a break and a pace, [0095] of the present application describes that "the break is the distance amount and direction that a user may aim for in order for the ball to reach the targeted hole", [0096] of the present application describes that "the pace is defined as the amount of distance that a user needs to shoot for in order for the ball to reach the targeted hole", and [0007] of the present application describes that "break and pace are interconnected");
receive and adjust the magnitude of slope parameter, the length of putt parameter or the green speed parameter (represented by the feedback loop "NO" in Fig. 4 followed by steps 106 and 108, "move measuring device toward hole along direct putt line" then "repeat measure of distance to target and slope at device") if a user determines that the break and pace are not accurate (Fig. 4, step 110, "have sufficient measurements been taken?");
re-calculate the break and the pace based on the adjusted magnitude of slope parameter, the adjusted length of putt parameter, or the adjusted green speed parameter (represented by the feedback loop "NO" in Fig. 4 followed by steps 106 and 108, "move measuring device toward hole along direct putt line" then "repeat measure of distance to target and slope at device", followed by step 112 "calculate offset distance"); and
display the break and pace as a read of a putt (Fig. 4, step 114, "display offset distance").
Regarding claim 6
Perez teaches:
The non-transitory computer-readable medium of claim 5(see rejection of claim 5 above) wherein the magnitude of slope parameter is measured using an inertial
measurement unit (see col. 3, lines 52 to 55, "the measuring device 20 collects measurement data sets, which comprise a slope angle and a distance to the hole 14 at its current location. Accordingly, the measuring device 20 contains at least one inclinometer and a rangefinder", also see Col. 5, lines 19 to 27, "referring to FIG. 3, the measurement device 20 has a control unit 50, which receives input from the Selection buttons 22, and calculates the recommended offset distance and visually indicates the same on the display 24. The control unit also accepts inputs from a transverse inclinometer 54T, and according to a further embodiment of the invention: from a longitudinal inclinometer 54L).
Paragraph [0064] of the present application describes that "IMU 116 may be any component or device that can measure pitch and angle of a surface".
In addition, Figure 5 and Col. 5, lines 41 to 55 of Perez disclose, "according to the embodiment shown in FIG. 5, a pair of inclinometers are present within the housing 21 - namely the longitudinal inclinometer extending longitudinally parallel to the bottom 20B and the transverse inclinometer extending transversely parallel to the bottom 20B. The measurement device 20 is used just as previously described, where the positioning arrow is aligned with the direct putt line 18. Multiple measurement sets are acquired-first at the maximum position, and then at subsequent positions along the direct putt line 18. Then, the offset distance is calculated from a three dimensional mathematical modeling of the golfing green to provide a recommended offset distance which more precisely indicates where the golfer should aim the golf stroke".
Regarding claim 8
Perez teaches:
The non-transitory computer-readable medium of claim 5(see rejection of claim 5 above) the processor is further configured to receive a second magnitude of slope parameter (col. 4, lines 12 to 15, "multiple measurement data sets are acquired at various positions (20', 20", 20") further along the direct putt line than the maximum position 20P. Thus, at each of these positions, the slope is measured.... and Fig. 4, steps 106 and 108, "move measuring device toward hole along direct putt line" then "repeat measure of distance to target and slope at device"), average the second magnitude of slope parameter with the first magnitude of slope parameter, and re-calculate the break and the pace with the averaged magnitude of slope parameter (Fig. 4, step 112; col. 6, lines 9 to 12 "once sufficient measurements have been taken, the recommended offset distance is calculated by the device 112", the recommend offset distance must be a result of an average of the slope and distance measurements, Col. 4, lines 40 to 46 describe that "the recommended offset distance suggests a redirected putt line 18A to the golfer. The redirected putt line is intended to compensate for the average slope between the maximum position and the hole so that if the golf ball 16 is accurately hit along the redirected putt line 18A, the slope of the putting green will carry the ball toward the hole 14"). Col. 5, lines 1 to 5 of Perez describe an algorithm for calculating the recommended offset distance, which is to "sum the horizontal (transverse) components and vertical (longitudinal) components of vectors created by each measurement data set. Create a resultant vector from the summed horizontal and vertical components", the resultant vector is an average of the magnitudes of the horizontal and vertical slope components).
Regarding claim 9
Perez teaches:
A method for teaching a golfer a desired path of a golf ball to a hole on a putting green (see Fig. 4), the method comprising:
(a) placing a device at a first location on the putting green, the first location between the golf ball and the hole (Fig. 2 and col. 4, lines 12 to 15, "multiple measurement data sets are acquired at various positions (20', 20", 20") further along the direct putt line than the maximum position 20P"), and the device determining a magnitude of slope parameter (Fig. 4, step 104, measure "slope at device"), a length of putt parameter (Fig. 4, step 104, measure "distance to target") and a green speed parameter (col. 5, lines 8 and 9, "factor or constant to compensate for surface resistance", this corresponds to a green speed parameter as it serves as a measure of rolling friction);
(b) the device calculating the desired path on the putting green based on the device determining a break and pace of the putting green for the magnitude of slope parameter, the length of putt parameter and the green speed parameter determined in step (a) (Fig. 6, 18A, "redirected putt line", col. 4, lines 41 to 46, "the redirected putt line is intended to compensate for the average slope between the maximum position and the hole so that if the golf ball 16 is accurately hit along the redirected putt line 18A, the slope of the putting green will carry the ball toward the hole 14");
(c) displaying at least one of the desired path, the break or the pace on the device to allow the golfer to drive the golf ball to the hole (Fig. 4, step 114, "display offset distance");
(c) the golfer putting the ball using the break and the pace to drive the ball along the desired path to the hole (Fig. 4, step 116, "aim putt at hole, compensating by offset distance"); and
wherein where the ball does not reach the hole, the golfer repeating steps (a) to (c) and adjusting at least one of the magnitude of slope parameter, the length of putt parameter and the green speed parameter until the ball reaches the hole (implicit by the repeating steps above since the method is utilized for all puts until the ball ends in the hole).
Regarding claim 10
Perez teaches:
The method of claim 9(see rejection of claim 9 above) wherein the magnitude of slope parameter is measured using an inertial measurement unit (see col. 3, lines 52 to 55, "the measuring device 20 collects measurement data sets, which comprise a slope angle and a distance to the hole 14 at its current location. Accordingly, the measuring device 20 contains at least one inclinometer and a rangefinder", also see Col. 5, lines 19 to 27, "referring to FIG. 3, the measurement device 20 has a control unit 50, which receives input from the Selection buttons 22, and calculates the recommended offset distance and visually indicates the same on the display 24. The control unit also accepts
inputs from a transverse inclinometer 54T, and according to a further embodiment of the
invention: from a longitudinal inclinometer 54L").
Paragraph [0064] of the present application describes that "IMU 116 may be any component or device that can measure pitch and angle of a surface".
In addition, Figure 5 and Col. 5, lines 41 to 55 of Perez disclose, "according to the embodiment shown in FIG. 5, a pair of inclinometers are present within the housing 21 - namely the longitudinal inclinometer extending longitudinally parallel to the bottom 20B and the transverse inclinometer extending transversely parallel to the bottom 20B. The measurement device 20 is used just as previously described, where the positioning arrow is aligned with the direct putt line 18. Multiple measurement sets are acquired-first at the maximum position, and then at subsequent positions along the direct putt line 18. Then, the offset distance is calculated from a three dimensional mathematical modeling of the golfing green to provide a recommended offset distance which more precisely indicates where the golfer should aim the golf stroke".
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.
Claim(s) 3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perez in view of Denning et al. (US 20160144251), hereinafter: “Denning”.
Regarding claims 3 and 7
Perez teaches:
The method of claim 1 and the non-transitory computer-readable medium of claim 5(see rejection of claims 1 and 5 above) wherein the length of putt parameter is measured by a rangefinder or any other suitable technology (Col. 3, lines 55 to 60 of Perez describe that "the rangefinder may be an ultrasonic module that measures the distance from the front 20F of the housing 21 to the target 30, or any other suitable technology capable of measuring the distance from the front 20F of the housing 21 to the target 30").
Perez fails to teach:
wherein the length of putt parameter is measure by taking a photograph of a distance between a starting position and a targeted hole and using image analysis to determine the distance
Denning teaches:
An analogous method for determining a read of a putt(abstract) wherein the length of putt parameter is measure by taking a photograph of a distance between a starting position and a targeted hole and using image analysis to determine the distance(P[0094], P[0111], P[0112], P[0113]).
It is obvious to substitute one known element for another to obtain predictable results. See MPEP 2143(B). The MPEP states the prior art must: (1) teach a device (method) which differs from the claimed device (method) by the substitution of some component or step with another component (step), (2) teach that the substituted components and their functions were known, and (3) show that one of ordinary skill could have substituted one known element for another to yield predictable results. See MPEP 2143(B).
In this case, Perez teaches a length of putt measurement device/method that differs from the claimed length of putt measurement because the rangefinder does not take photographs. The rangefinder of Perez and the camera of Denning both perform the function of determining a distance between a starting position and a targeted hole. One of ordinary skill could have replaced the rangefinder of Perez with the camera of Denning to achieve predictable results because both references deal with determining a distance between a starting position and a targeted hole that function in the same manner in the environment of length of a putt measurement device/method. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of putt measuring device of Perez by replacing the rangefinder with a camera because the substitution of one known element for another yields predictable results to one of ordinary skill in the art.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 11308821 B2
Pregizer; Christoph et al.
US 20100081520 A1
FERGUSON S B et al.
US 20130085018 A1
Jensen; James U. et al.
US 20130116067 A1
Sweeney; Mark
US 20150204777 A1
Quintavalla; Steven J.
US 20210129006 A1
NOLAN; John
US 20240325848 A1
Prudhomme; Jason
US 20250083018 A1
CLEARWATER; Nick et al.
US 20250083019 A1
CLEARWATER; Nick et al.
US 5209470 A
Cimaroli; Sam E. et al.
US 6165083 A
Stenger; Sydney L. et al.
US 6638173 B2
Robinson; Lee D.
US 7278924 B2
Weidlich; Robert D.
US 8162779 B1
Sweeney; Mark
US 8167733 B2
Pelz; David T.
US 9044661 B2
Leonard; Schalk J.
US 9597576 B2
Peterson; Jack W. et al.
The above reference are cited for teaching putting guide method and apparatuses similar to that of Applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P WOLCOTT whose telephone number is (571)272-9837. The examiner can normally be reached M-F 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at 571-270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P WOLCOTT/Primary Examiner, Art Unit 3711