DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. For example, the limitation “said Support structure (108) is the heighted base of said Projection means” in line 4-5 or “connected to a Sensor (104) on one end and on the other hand” in line 6 do not make grammatical sense and it is unclear what is the metes and bound that Applicant is attempting to cover. Accordingly, clarification is needed in this particular case.
Additionally, claim 1 recites the limitation "the heighted base" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 1 also recites the limitation "the " in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Objections
Claims 1-7 objected to because of the following informalities:
On claim 1, the limitation of Motor X and Motor Y. It is unclear if the applicant meant limitations as motor or actuator that operates the in the x or y axis or if the applicant is simply differentiating between two different motors.
On claim 7, the limitation of “may be connected to plurality of input mean” opens the interpretation that the controller does not have to be connected to the plurality of input means.
Appropriate correction is required.
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) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang US 9304379 and in view of Chaney US 20180174347 and further in view of Aragones et al US 10583328
Claim 1: The Wang reference provides a teaching of A Visual Target Assisted Workout Device , wherein said compact and portable device (101) ) (see FIG. 2 item 102(1)) connected to a power source (113) (see col. 8:55-60 wireless power transmitter 226) comprises:
a Projection means (102) on top of a Support structure (108, configured to project visual target ) (see FIG. 2 item 206 “projector” is located on the top part of the chassis1),
said Support structure (108) is the heighted base of said Projection means (102); said Projection means (102) comprises of a Light source (103) connected to a Sensor (104) (see FIG. 2 item 206 projector (light projector) is connected the camera 210 (sensor) while contain in a chassis 204) on one end and on the other hand, connected to the plurality of motors, a Motor X (106) and a Motor Y (107) (see FIG. 2 item 216 and 214 pan and tilt motor) and configured to project plurality of visual targets at varied positions for user (see col. 10:45-55)
a holder (105) configured to hold said Light source (103) and sensor (104) such that said Light source (103) and the sensor (104) project a parallel field of vision and define projection position of said light source (103) [see FIG. 2 showing chassis 204 that hold the projector 204 and camera 210 that is arranged in a parallel field of vision)];
the plurality of motors (106,107): a Motor X (106) and a Motor Y (107) [see FIG 2 item 216 and 214 tilt and pan motor respectively) connected to said sensor (104) and a Controller (109)are configured to rotate said light source (103) along the first axis and the second axis respectively (col. 5:50-60 pan and tilt motor that moves the chassis, the projector and the camera along vertical and horizontal axis);
said Controller (109) is connected to said Light source (103) and sensor (104) on one end, and to said Motor X (106) and Motor Y (107) on another end and is configured to control the rotation of plurality of motors (106,107) and project visual target accordingly (see col. 7:65- 8:10)
a storage means (110) connected to Controller (109) is configured to store said visual target projection information associated with the degrees of rotation of plurality of motors (106,107) (see col. 5:7-15 memory 126 for storing the image and controlling the motor col. 12:35-50);
a Video capturing means (114) inside said holder (105), connected to said Controller (109) is configured to capture video of the user during the course of the workout (see col. 3:60-65 cameras and FIG. 2 camera item 210 is inside the chassis 204 and connected to the computing device 120).
The Wang reference is silent on the teaching of determine the user position based on said visual target.
However, the Chaney reference provides a teaching of determine the user position based on said visual target (see paragraph 108 determining the user’s body position based on the target and paragraph 69 as example of determining the user’s position and when they collide with a virtual object).
Therefore, 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 Wang reference with the feature of determine the user position based on said visual target, as taught by the Chaney reference, in order to provide an intuitive and interactive augmented reality experience to the user (see paragraph 69).
The Wang reference is silent on the teaching of said sensor (104) is configured to measure the distance between the user and the previously projected visual target as well as the distance between the user with reference to said Support structure (108) in real time and verify whether user has reached said visual target or not in real time and measure the distance travelled by user during workout and the time taken to travel said distance. However, the Chaney reference provides a teaching of said sensor (104) is configured to measure the distance between the user and the previously projected visual target as well as the distance between the user with reference to said Support structure (108) in real time (see paragraph 42, 57 distance information of a first user) and verify whether user has reached said visual target or not in real time and measure the distance travelled by user during workout and the time taken to travel said distance (see
Therefore, 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 Wang reference with the feature of said sensor (104) is configured to measure the distance between the user and the previously projected visual target as well as the distance between the user with reference to said Support structure (108) in real time, as taught by the Chaney reference, in order to provide an intuitive and interactive augmented reality experience to the user (see paragraph 69).
The Wang reference is silent on the teaching of said wireless means (112) is the wireless connection for communicating to said device (101) through controller (109) an Input means (111).
However, the Chaney reference said wireless means (112) is the wireless connection for communicating to said device (101) through controller (109) an Input means (111) [see paragraph 29 wireless communication via LAN, WLAN between the projector and input device].
Therefore, 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 Wang reference with the feature of said wireless means (112) is the wireless connection for communicating to said device (101) through controller (109) an Input means (111); ), as taught by the Chaney reference, in order to allow for communication between the user and the computing system.
The Wang reference silent on the etching of an input means (110) connected to the controller (109) through a wireless means (112) configured to facilitate communication between user and said device (101) through the preset drills and monitor heart rate, pulse in real time during workout.
However, the Chaney reference provides a teaching of an input means (110) connected to the controller (109) through a wireless means (112) configured to facilitate communication between user and said device (101) through the preset drills (see paragraph 98 showing communication between the trainer and user as the user perform the exercise) and monitor heart rate, pulse in real time during workout (see paragraph 98 item 1120 showing user’s vital during the exercise).
Therefore, 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 Wang reference with the feature of an input means (110) connected to the controller (109) through a wireless means (112) configured to facilitate communication between user and said device (101) through the preset drills and monitor heart rate, pulse in real time during workout, as taught by the Chaney reference, in order to provide an intuitive and interactive augmented reality experience to the user during the exercise routine (see paragraph 69).
The Wang reference is silent on the teaching of a Processing means (115), connected to said Controller (109) and storage means (110) is configured to compare video captured by said Video capturing means (114) to previously captured videos and ensure the correctness of the form and technique of the user during the workout.
However, the Aragones et al reference provides a teaching of a Processing means (115), connected to said Controller (109) and storage means (110) is configured to compare video captured by said Video capturing means (114) to previously captured videos and ensure the correctness of the form and technique of the user during the workout (see col. 10:5-15).
Therefore, 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 Wang reference with the feature of Processing means (115), connected to said Controller (109) and storage means (110) is configured to compare video captured by said Video capturing means (114) to previously captured videos and ensure the correctness of the form and technique of the user during the workout, as taught by the Aragones reference, in order to provide an intuitive feedback to the user on how to perform better exercise technique (see col. 18:1-10).
Claim 2: The Wang reference provides a teaching of wherein said sensor (104) is a distance sensitive camera sensor or a depth camera sensor, preferably a LiDAR sensor (see col. 8:40-50 ranging system 224).
Claim 3: The Wang reference provides a teaching of wherein said plurality of motors (106,107) are actuator (see col. 8:1-5 actuators).
Claim 4: The Wang reference provides a teaching of wherein said first axis of said motor X (106) configured to determine the distance of the projection from said light source (103); is orthogonal to the longitudinal axis of the Support structure (108) [see col. 8:1-10 tilt motor to move in the vertical axis).
Claim 5: The Wang reference provides a teaching wherein said second axis of said Motor Y (107) configured to determine position of said target projections simultaneously; is longitudinal axis of the Support structure (108) [see col. 8:1-10 pan motor to move in the horizontal axis).
Claim 6: The Wang reference is silent on the teaching wherein said Input means (111) is a smart device, a smartphone or a tablet or a smart watch or a laptop.
However, the Chaney reference provides teaching of wherein said Input means (111) is a smart device, a smartphone or a tablet or a smart watch or a laptop (see paragraph 119).
Therefore, 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 Wang reference with the feature of wherein said Input means (111) is a smart device, a smartphone or a tablet or a smart watch or a laptop, as taught by the Chaney reference, in order to provide a convenient mean for the system to communicate with the user.
Claim 7: The Wang reference is silent on the teaching of wherein said controller (109) may be connected to plurality of input means (111) to generate a simultaneous to & fro communication simultaneously and establish synchronized working between plurality of said input means (111) and said device (101).
However, the Chaney reference provides a teaching of wherein said controller (109) may be connected to plurality of input means (111) to generate a simultaneous to & fro communication simultaneously and establish synchronized working between plurality of said input means (111) and said device (101) [see paragraph 29 wireless communication via LAN, WLAN between the projector and input device].
Therefore, 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 Wang reference with the feature of wherein said controller (109) may be connected to plurality of input means (111) to generate a simultaneous to & fro communication simultaneously and establish synchronized working between plurality of said input means (111) and said device (101), as taught by the Chaney reference, in order to allow for communication between the user and the computing system.
Claim 8: The Wang reference provides a teaching of wherein said visual targets are projected on surfaces not limited to a ground or a floor (see col. 12:45-50 projecting to a table).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J UTAMA whose telephone number is (571)272-1676. The examiner can normally be reached 9:00 - 17:30 Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571)270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J UTAMA/Primary Examiner, Art Unit 3715
1 The examiner notes that Applicant’s limitation has not set forth a reference where the top or bottom of a structure can be determined.