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 .
Status of Claims
This is the first Office Action on the merits. Claims 1-17 are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/04/2024 and 10/23/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 1, 8, and 16-17 are objected to because of the following informalities:
Claims 1, 16, and 17, recite “the shortage activity amount” but should read “a shortage activity amount”.
Claim 8 line 2, “one of more” should read “one or more”.
Appropriate correction is required.
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 – 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1. A recommended activity presentation device for managing an activity amount of an object person, comprising:
processing circuitry
to determine a recommended course as a movement course recommended to the object person among the plurality of movement courses that exist in a structure and can be used by the object person, or a recommended speed as a walking speed recommended when moving through the movement course, or both of the recommended course and the recommended speed based on the shortage activity amount; and
to output the notification information as the recommended course or the recommended speed or both of the recommended course and the recommended speed, to a display device for presenting notification information to the object person.
Claim 15. A recommended activity presentation system for managing an activity amount of an object person, comprising:
one or more cameras to capture images of an inside of a structure including a plurality of movement courses that can be used by the object person;
a physical sensor sensing physical condition of the object person;
a mobile terminal carried by the object person;
a display device provided in the structure;
an object person database storing object person data indicating attributes of the object person; and
processing circuitry
to acquire image data outputted from the one or more cameras,
to acquire sensing data outputted from the physical sensor and terminal data for identifying the mobile terminal,
to identify the object person based on the image data and the object person data or based on the terminal data and the object person data,
to acquire or calculate a target activity amount of the object person per predetermined reference period based on the object person data, to calculate a track record activity amount of the object person from a start time point of the reference period to a present time point based on the sensing data and the object person data, and to calculate a shortage activity amount as an activity amount by which the object person is short based on the target activity amount and the track record activity amount,
to determine a movement course recommended to the object person among the plurality of movement courses and a recommended walking speed when moving through the movement course based on the shortage activity amount and the object person data,
to determine a display mode of notification information to be used when making the display device display the notification information indicating at least one of the recommended movement course and the recommended walking speed, and
to make the display device display the notification information in the display mode.
Claim 16. A recommended activity presentation method to be executed by a recommended activity presentation device for managing an activity amount of an object person, comprising:
determining a recommended course as a movement course recommended to the object person among the plurality of movement courses that exist in a structure and can be used by the object person, or a recommended speed as a walking speed recommended when moving through the movement course, or both of the recommended course and the recommended speed based on the shortage activity amount; and
outputting the notification information as the recommended course or the recommended speed or both of the recommended course and the recommended speed, to a display device for presenting notification information to the object person.
Claim 17. A non-transitory computer-readable storage medium for storing a recommended activity presentation program that causes a computer managing an activity amount of an object person to execute processes of
determining a recommended course as a movement course recommended to the object person among the plurality of movement courses that exist in a structure and can be used by the object person, or a recommended speed as a walking speed recommended when moving through the movement course, or both of the recommended course and the recommended speed based on the shortage activity amount; and
outputting the notification information as the recommended course or the recommended speed or both of the recommended course and the recommended speed, to a display device for presenting notification information to the object person.
101 Analysis – Step 1: Statutory category – Yes
The claim 1 recites a device (i.e. machine), claim 15 recites a system, claim 16 recites a method (i.e., process), and claim 17 recites non-transitory computer-readable storage medium. These claims fall within one of the four statutory categories. MPEP 2106.03
101 Analysis – Step 2A Prong one evaluation: Judicial Exception – Yes – Mental processes
In Step 2A, Prong one of the 2019 Patent Eligibility Guidance (PEG), a claim is to be analyzed to determine whether it recites subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) mental processes, and/or c) certain methods of organizing human activity.
The Office submits that the foregoing bolded limitation(s) constitutes judicial exceptions in terms of “mental processes” because under its broadest reasonable interpretation, the limitation can be “performed in the human mind, or by a human using a pen and paper”. See MPEP 2106.04(a)(2)(III)
Claims 1, 16, and 17 recites the limitation of to determine a recommended course as a movement course recommended to the object person among the plurality of movement courses that exist in a structure and can be used by the object person, or a recommended speed as a walking speed recommended when moving through the movement course, or both of the recommended course and the recommended speed based on the shortage activity amount; and outputting the notification information as the recommended course or the recommended speed or both of the recommended course and the recommended speed, to a display device for presenting notification information to the object person. These limitations, as drafted, are simple process that, under its broadest reasonable interpretation, covers performance in the human mind or with the aid of a pen and paper but for the recitation of by processing circuitry, device, or computer, respectively. That is, other than reciting processing circuitry, device, or computer nothing in the claim elements preclude the step from practically being perform by using a pen and paper. For example, but for the processing circuitry, device, or computer language, the claim could implicate, under BRI, evaluating information regarding a person’s activity, deciding what course or speed should be recommended, and communicating that recommendation to the person. The mere nominal recitation of processing circuitry, device, or computer does not take the claim limitations out of the mental process grouping.
Thus, the claim recites a mental process.
Additionally, the claim 15 further recites the limitations of to acquire image data outputted from the one or more cameras, to acquire sensing data outputted from the physical sensor and terminal data for identifying the mobile terminal, to identify the object person based on the image data and the object person data or based on the terminal data and the object person data, to acquire or calculate a target activity amount of the object person per predetermined reference period based on the object person data, to calculate a track record activity amount of the object person from a start time point of the reference period to a present time point based on the sensing data and the object person data, and to calculate a shortage activity amount as an activity amount by which the object person is short based on the target activity amount and the track record activity amount, to determine a movement course recommended to the object person among the plurality of movement courses and a recommended walking speed when moving through the movement course based on the shortage activity amount and the object person data, to determine a display mode of notification information to be used when making the display device display the notification information indicating at least one of the recommended movement course and the recommended walking speed, and to make the display device display the notification information in the display mode. This limitation, as drafted, is a simple process that, that under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of by processing circuitry. That is, other than reciting processing circuitry nothing in the claim elements precludes the step from practically being performed in the mind. For example, but for the processing circuitry language, the claim encompasses observing a person, checking the person’s activity goals, comparing their current activity against the goal, deciding whether the person should take the stairs or elevator and at what pace, and then deciding how to present that advice to them. The mere nominal recitation of processing circuitry does not take the claim limitations out of the mental process grouping.
Thus, the claim recites a mental process.
101 Analysis – Step 2A Prong two evaluation: Practical Application – No
In Step 2A, Prong two of the 2019 PEG, a claim is to be evaluated whether, as a whole, it integrates the recited judicial exception into a practical application. As noted in MPEP 2106.04(d), it must be determined whether any additional elements in the claim beyond the abstract idea integrates the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. The courts have indicated that additional elements such as: merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical
application.”
The Office submits that the foregoing underlined limitation(s) recite additional elements that do not integrate the recited judicial exception into a practical application.
The claim recites additional elements or steps of a processing circuitry, one or more cameras, a physical sensor, a mobile terminal, a display device, an object person database, a recommended activity presentation device, and a non-transitory computer-readable storage medium. The elements are recited at a high level of generality, and merely perform generic data gathering, storage, processing, and outputting functions, which are forms of insignificant extra-solution activity.
Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B evaluation: Inventive concept – No
In Step 2B of the 2019 PEG, a claim is to be evaluated as to whether the claim, as a whole, amounts to significantly more than the recited exception, i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05.
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The additional limitations of a processing circuitry, one or more cameras, a physical sensor, a mobile terminal, a display device, an object person database, a recommended activity presentation device, and a non-transitory computer-readable storage medium are well-understood, routine, and conventional components because the detailed description of embodiment describes the processing circuitry generically as dedicated hardware or a processor such as a microprocessor, DSP, ASIC, or FPGA; the camera(s) is a device for outputting image data (video or still images); the physical sensor may be a wearable sensor such as a wristwatch-type device or other sensor that measures steps, body temperature, or heart rate; the mobile terminal may be a smartphone, mobile phone, tablet terminal, or small-sized personal computer; the display device is, in general, a liquid crystal display or may be a projector; and the recommended activity presentation device itself including a CPU, memory, storage device, interface, and communication device. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. Hence, the claim is not patent eligible.
Dependent claims 2-14 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application. Therefore, dependent claims 2-14 are not patent eligible under the same rationale as provided for in the rejection of the claim 1.
Therefore, claims 1-17 are ineligible under 35 USC § 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US20150238815A1) in view of Das et al. (US20110184945A1), hereinafter Lee and Das, respectively.
Regarding claim 1, Lee teaches of a recommended activity presentation device for managing an activity amount of an object person ("health care applications that provide information for diet or manage an amount of exercise using the sensor data stored in the mobile device have been introduced", [0005]), comprising: processing circuitry ("A computing device may include a processor", [0158]) to determine a recommended course as a movement course recommended to the object person among the plurality of movement courses ("an apparatus for recommending an exercise route, including: a reference point receiver configured to generate at least two reference points…an exercise route generator configured to generate at least one geographical route between the routes by associating at least one type of exercise with the at least one geographical route with reference to exercise with the at least one geographical route with the reference to exercise information comprising exercise amount data, exercise type data, and health care data", [0008]), or a recommended speed as a walking speed recommended when moving through the movement course, or both of the recommended course and the recommended speed based on the shortage activity amount ("The amount of exercise may include, for example, the maximum amount of calories the user is able to burn for health care in a day, the minimum amount of calories needed to be burnt for the user's health in a day, and the amount of calories expended so far during the day", [0050], "The selection of the amount of exercise may be based on the health information, such as the amount of calories needed to be expended in a day and the amount of calories consumed so far during the day", [0051], "the type of exercise may be specified as 'walking slowly,' 'walking normal speed,' and 'walking quickly'", [0096]); and to output the notification information as the recommended course or the recommended speed or both of the recommended course and the recommended speed, to a display device for presenting notification information to the object person ("a map generator configured to generate a map on which the plurality of exercise routes are presented together with expected amount of calories expended on the respective exercise routes", [0008], "The map generator 15 may output the exercise routes to display device for visible representation", [0074]).
However, Lee does not teach of a plurality of movement courses that exist in a structure and can be used by the object person.
Das, in the same field of endeavor, teaches of a plurality of movement courses that exist in a structure and can be used by the object person ("in an indoor environment…pedestrian venues often present obstacles such as stairs, elevators, and escalators and barriers such as restricted access areas that may add complexity to navigation", [0020]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Lee with the teaching of Das to utilize an indoor structure have a plurality of movement courses with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to address the navigational complexity unique to indoor pedestrian environments (Das, [0020]).
Regarding claim 16, Lee teaches of a recommended activity presentation method to be executed by a recommended activity presentation device for managing an activity amount of an object person (“the method for recommending exercise routes may be implemented by being coded into computer-executable instructions to be executed by a processor of a computing device”, [0159]), comprising: determining a recommended course as a movement course recommended to the object person among the plurality of movement courses ("an apparatus for recommending an exercise route, including: a reference point receiver configured to generate at least two reference points…an exercise route generator configured to generate at least one geographical route between the routes by associating at least one type of exercise with the at least one geographical route with reference to exercise with the at least one geographical route with the reference to exercise information comprising exercise amount data, exercise type data, and health care data", [0008]), or a recommended speed as a walking speed recommended when moving through the movement course, or both of the recommended course and the recommended speed based on the shortage activity amount ("The amount of exercise may include, for example, the maximum amount of calories the user is able to burn for health care in a day, the minimum amount of calories needed to be burnt for the user's health in a day, and the amount of calories expended so far during the day", [0050], "The selection of the amount of exercise may be based on the health information, such as the amount of calories needed to be expended in a day and the amount of calories consumed so far during the day", [0051], "the type of exercise may be specified as 'walking slowly,' 'walking normal speed,' and 'walking quickly'", [0096]); and to output the notification information as the recommended course or the recommended speed or both of the recommended course and the recommended speed, to a display device for presenting notification information to the object person ("a map generator configured to generate a map on which the plurality of exercise routes are presented together with expected amount of calories expended on the respective exercise routes", [0008], "The map generator 15 may output the exercise routes to display device for visible representation", [0074]).
However, Lee does not teach of a plurality of movement courses that exist in a structure and can be used by the object person.
Das, in the same field of endeavor, teaches of a plurality of movement courses that exist in a structure and can be used by the object person ("in an indoor environment…pedestrian venues often present obstacles such as stairs, elevators, and escalators and barriers such as restricted access areas that may add complexity to navigation", [0020]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Lee with the teaching of Das to utilize an indoor structure have a plurality of movement courses with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to address the navigational complexity unique to indoor pedestrian environments (Das, [0020]).
Regarding claim 17, Lee teaches of non-transitory computer-readable storage medium for storing a recommended activity presentation program ("The exercise route generator 73, route recommendation selector 75, and map generator 77 may include one or more computer processor. The exercise information 730 and map information 735 may be stored in a non-transitory computer memory", [0109]) that causes a computer managing an activity amount of an object person to execute processes of (“the method for recommending exercise routes may be implemented by being coded into computer-executable instructions to be executed by a processor of a computing device”, [0159]) determining a recommended course as a movement course recommended to the object person among the plurality of movement courses ("an apparatus for recommending an exercise route, including: a reference point receiver configured to generate at least two reference points…an exercise route generator configured to generate at least one geographical route between the routes by associating at least one type of exercise with the at least one geographical route with reference to exercise with the at least one geographical route with the reference to exercise information comprising exercise amount data, exercise type data, and health care data", [0008]), or a recommended speed as a walking speed recommended when moving through the movement course, or both of the recommended course and the recommended speed based on the shortage activity amount ("The amount of exercise may include, for example, the maximum amount of calories the user is able to burn for health care in a day, the minimum amount of calories needed to be burnt for the user's health in a day, and the amount of calories expended so far during the day", [0050], "The selection of the amount of exercise may be based on the health information, such as the amount of calories needed to be expended in a day and the amount of calories consumed so far during the day", [0051], "the type of exercise may be specified as 'walking slowly,' 'walking normal speed,' and 'walking quickly'", [0096]); and to output the notification information as the recommended course or the recommended speed or both of the recommended course and the recommended speed, to a display device for presenting notification information to the object person ("a map generator configured to generate a map on which the plurality of exercise routes are presented together with expected amount of calories expended on the respective exercise routes", [0008], "The map generator 15 may output the exercise routes to display device for visible representation", [0074]).
However, Lee does not teach of a plurality of movement courses that exist in a structure and can be used by the object person.
Das, in the same field of endeavor, teaches of a plurality of movement courses that exist in a structure and can be used by the object person ("in an indoor environment…pedestrian venues often present obstacles such as stairs, elevators, and escalators and barriers such as restricted access areas that may add complexity to navigation", [0020]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Lee with the teaching of Das to utilize an indoor structure have a plurality of movement courses with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to address the navigational complexity unique to indoor pedestrian environments (Das, [0020]).
Claims 2-4, 7, and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Lee and Das as applied above, and further in view of Zhang et al (US20090041297A1), hereinafter Zhang.
Regarding claim 2, modified Lee teaches of all limitations of claim 1 as stated above, additionally, wherein the processing circuitry ("A computing device may include a processor", [0158]) to acquire sensing data outputted from a physical sensor sensing physical condition of the object person and terminal data for identifying a mobile terminal carried by the object person ("the exercise information may be produced based on sensing data obtained by a sensor" [0077], "The exercise recognizers 27 and 37…identify the user's action based on sensing data obtained by detecting a motion of the user. Thus, the exercise route recommendation apparatus 20…is equipped with a sensor that detects a motion of the user, and may be implemented within a mobile computing device that is worn or possessed by the user, such as smart glasses, smart watch, or a smartphone", [0091]); to identify the object person based on object person data stored in an object person database and indicating attributes of the object person or based on the terminal data and the object person data ("The user information 377 may include user's body measurement information that is input manually by the user, including height, weight, and the like. The user information 377 may include personal information, such as a gender, an age range, and the like", [0088]); to acquire or calculate a target activity amount of the object person per predetermined reference period based on the object person data, to calculate a track record activity amount of the object person from a start time point of the reference period to a present time point based on the sensing data and the object person data, and to calculate a shortage activity amount as an activity amount by which the object person is short based on the target activity amount and the track record activity amount ("The amount of exercise may include, for example, the maximum amount of calories the user is able to burn for health care in a day, the minimum amount of calories needed to be burnt for the user's health in a day, and the amount of calories expended so far during the day", [0050]); to determine a display mode used when the notification information is displayed by the display device and to make the display device display the notification information in the display mode ("a map generator configured to generate a map on which the plurality of exercise routes are presented together with expected amounts of calories expended on the respective exercise routes", [0008], "The map generator 15 may output the exercise routes to a display device for visible representation", [0074]).
However, modified Lee does not teach of acquires image data outputted from one or more cameras capturing images of an inside of the structure including the plurality of movement courses; to identify the object person based on the image data; and placed in the structure.
Das, in the same field of endeavor, teaches of an inside of the structure including the plurality of movement courses ("in an indoor environment…pedestrian venues often present obstacles such as stairs, elevators, and escalators and barriers such as restricted access areas that may add complexity to navigation", [0020]); and placed in the structure ("in an indoor environment…pedestrian venues often present obstacles such as stairs, elevators, and escalators and barriers such as restricted access areas that may add complexity to navigation", [0020]).
However, Das does not teach of acquires image data outputted from one or more cameras capturing images; and to identify the object person based on the image data.
Zhang, in the same field of endeavor, teaches of acquires image data outputted from one or more cameras capturing images ("The video input 102 may be a normal closed circuit television (CCTV) video signal or generally, a video signal from a video camera. Element 104 may be a computer having a content a content analysis module, which performs scene content analysis module, which performs scene content analysis as described herein", [0053]); to identify the object person based on the image data ("Human detection/tracking module 210 may detect and track each human target in the video, and send out alert 110 when there is human in the scene", [0054]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Lee with the teachings of Das and Zhang to acquire image data from cameras placed inside the structure and use that data to identify the object person with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to enable automated, passive identification of individuals in a monitored area without requiring active user input (Zhang, [0054]).
Regarding claim 3, modified Lee teaches of all limitations of claim 2 as stated above.
However, modified Lee does not teach of wherein the plurality of movement courses include: a first course using a staircase in the structure; and a second course using an elevator in the structure.
Das, in the same field of endeavor, teaches of wherein the plurality of movement courses include: a first course using a staircase in the structure; and a second course using an elevator in the structure ("WENDY's, ranked second, is on level two of the mall, so icon 308 which indicates usage of stairs in the route to WENDY's and icon 310 which indicates usage of elevator in the route to WENDY's are displayed", [0029], "Elevator is in the 'structure' category and 'floor change' sub-category. Its entrances/exits are located at (18, 14, 1) on level one and (18, 14, 2) on level two", [0025]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Lee with the teaching of Das to provide a first movement course using a staircase and a second movement course using an elevator with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to account for essential indoor pedestrian courses such as stairs and elevators as the primary means of floor-to-floor navigation in order to have a complete indoor route recommendation system (Das, [0029]).
Regarding claim 4, modified Lee teaches of all limitations of claim 3 as stated above.
However, modified Lee does not teach of wherein the plurality of movement courses include a third course that includes both of a course using the staircase and a course using the elevator.
Das, in the same field of endeavor, teaches of wherein the plurality of movement courses include a third course that includes both of a course using the staircase and a course using the elevator ("If the user selects map/walking directions for WENDY'S, an option for the path involving Stairs and an option for the path involving Elevator may be provided", [0040]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Lee with the teaching of Das to combine both staircase and elevator segments with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to provide users a flexible hybrid routing option (Das, [0040]).
Regarding claim 7, modified Lee teaches of all limitations of claim 2 as stated above, additionally, wherein the physical sensor is a part of the mobile terminal, and the mobile terminal transmits the sensing data to the processing circuitry ("at least part of the exercise amount data or exercise type data of the exercise information 130 may be generated by a smartphone processor based on data obtained by a sensor equipped in a smartphone of the user", [0071]).
Regarding claim 9, modified Lee teaches of all limitations of claim 2 as stated above, additionally, wherein the object person data includes information indicating age, sex and body weight of the object person ("The user information 377 may include user's body measurement information that is input manually by the user, including height, weight, and the like. The user information 377 may include personal information, such as a gender, an age range, and the like", [0088]).
Regarding claim 10, modified Lee teaches of all limitations of claim 3 as stated above.
However, modified Lee does not teach of wherein the object person data includes information indicating a handicap and disease that the object person has, and when the object person is judged to be a handicapped person or a person having chronic disease, the processing circuitry determines a movement course using the elevator as the recommended course.
Das, in the same field of endeavor, teaches of wherein the object person data includes information indicating a handicap and disease that the object person has ("a user in a wheelchair may indicate that he/she is in a wheelchair. In response, the recommendation engine may rank entities that are on the same level/floor as the user higher than entities that may require a level/floor change", [0050]), and when the object person is judged to be a handicapped person or a person having chronic disease, the processing circuitry determines a movement course using the elevator as the recommended course ("Elevator is in the 'structure' category and 'floor change' sub-category. Its entrances/exits are located at (18, 14, 1) on level one and (18, 14, 2) on level two. It is handicap/wheelchair accessible as indicated by the 'Other Attributes' column", [0025]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Lee with the teaching of Das to incorporate the user’s handicap or mobility status into routing logic and recommending an elevator course with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to ensure that route recommendations account for the physical accessibility constraints (Das, [0052]).
Regarding claim 11, modified Lee teaches of all limitations of claim 2 as stated above, additionally, wherein the object person data includes information indicating travel distance from a start point of the object person to an entrance of the structure and a transportation system used by the object person ("exercise route A 533 and exercise route B 535 are geographically the same, but exercise route A 533 is associated with a particular type of exercise, i.e., traveling on foot, while exercise route B 535 is associated with traveling by bus. Exercise route B 535 involves with various types of exercises including traveling on foot, by bus, and on foot. In other words, according to exercise route B, the user moves on foot from P1 531 to bus stop B1, then moves by bus from B1 to another bus stop B2, and then moves on foot from B2 to final destination P2 539", [0101], "The exercise information 130 may include data related to an amount of exercise, a type of exercise, health care, and the like… the exercise amount data may include data related to the amount of exercise that the user has done or has to do in a day, such as the amount of calories that the user has to burn for a day or the amount of calories burnt by the exercises done between 12 AM to the hour in which a recommendation is made", [0067]).
Regarding claim 12, modified Lee teaches of all limitations of claim 2 as stated above, additionally, wherein the processing circuitry ("A computing device may include a processor", [0158]) acquires destination data indicating a destination of movement of the object person ("The reference point receiver 11 may receive locations displayable on a map, such as an origin, a destination, and an intermediate stop, as reference points", [0065]), and calculates a scheduled activity amount necessary for moving from an entrance of the structure to the destination via a movement course, in regard to each movement course based on the destination data and determines the recommended movement course and the recommended walking speed by using the scheduled activity amount ("the exercise route generator 13 may generate at least one geographical route that connects reference points, that is, an origin to a destination… The exercise route generator 13 may specify an exercise that the user may perform while moving along each of the geographical routes… the exercise route generator 13 may add data about a type of exercise associated with a transportation choice… to the geographical route from the origin to the destination, based on a needed amount of exercise for the user", [0072] – [0073]).
Regarding claim 13, modified Lee teaches of all limitations of claim 2 as stated above.
However, modified Lee does not teach of wherein the processing circuitry measures a number of people included in an image captured by the image capturing device, and does not recommend a movement course including an area whose crowd congestion level exceeds a predetermined threshold value.
Das, in the same field of endeavor, teaches of does not recommend a movement course including an area whose crowd congestion level exceeds a predetermined threshold value ("Route travel time criteria may include at least one of: a route distance between the location of the mobile station and the location associated with each search result; speed of travel; congestion on the route; time on stairs; time on an escalator; and/or time in an elevator", Das [0033], "MS 100 may determine that there is congestion near the entrance to Rest Room 1, as indicated by a number of mobile stations (and thus the number of people) that have estimated positions near (7, 12, 1)… The location aware recommendation engine may therefore determine that there is a waiting line for Rest Room 1 and add a suitable weight value for the congestion to the total path cost determination for Rest Room 1", [0047]).
However, Das does not teach of wherein the processing circuitry measures a number of people included in an image captured by the image capturing device.
Zhang, in the same field of endeavor, teaches of wherein the processing circuitry measures a number of people included in an image captured by the image capturing device ("With the human detection and tracking describe above, the system may provide an accurate estimation on how many human targets may exist in the camera view at any time of interest", [0137]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Lee with the teaching of Das and Zhang to use the camera system to count the number of people at each movement course and exclude course exceeding a congestion threshold from the recommended set with reasonable expectations of success. One of ordinary skill in the art would have been motivate to make this modification in order to improve user experience and accuracy of the activity amount calculation by steering users away from crowded routes in real-time (Zhang, [0137]) (Das, [0047]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Das and Zhang, and further in view of Lin et al (US20090057068A1), hereinafter Lin.
Regarding claim 5, modified Lee teaches of all limitations of claim 3 as stated above.
However, modified Lee does not teach of wherein the one or more image cameras include: a first camera to capture images of a vicinity of an entrance of the structure; a second camera to capture images of a vicinity of a boarding point of the elevator; and a third camera to capture images of a vicinity of a landing of the staircase.
Das, in the same field of endeavor, teaches of in a vicinity of a landing of the staircase (“pedestrian venues often present obstacles such as stairs, elevators, and escalators and barriers such as restricted access areas that may add complexity to navigation”, [0020]).
However, Das does not teach of wherein the one or more image cameras include: a first camera to capture images of a vicinity of an entrance of the structure; a second camera to capture images of a vicinity of a boarding point of the elevator; and a third camera to capture images
Zhang, in the same field of endeavor, teaches of a first camera to capture images of a vicinity of an entrance of the structure ("A video camera may be positioned to perform surveillance of an area of interest", [0037], "The specific application of exemplary embodiments of the invention include but are not limited to the following: residential security surveillance; commercial security surveillance such as, for example, for retail, heath care, or warehouse; and critical infrastructure video surveillance, such as, for example, for an oil refinery, nuclear plant, port, airport and railway", [0046]); and a third camera to capture images ("A video camera may be positioned to perform surveillance of an area of interest.", [0037]).
However, Zhang does not teach of a second camera to capture images of a vicinity of a boarding point of the elevator.
Lin, in the same field of endeavor, teaches of a second camera to capture images of a vicinity of a boarding point of the elevator (Camera 12, FIG. 1A, [0021]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Lee with the teaching of Das, Zhang, and Lin to place cameras at the structure entrance, elevator boarding point, and the staircase landing with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to ensure complete visual coverage of each key movement course transition point, enabling accurate tracking, identification, and congestion monitoring across the full set of indoor routes (Lin, [0009]).
Claims 6, 8, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Das and Zhang, and further in view of Molettiere et al. (US20140164611A1), hereinafter Molettiere.
Regarding claim 6, modified Lee teaches of all limitations of claim 2 as stated above.
However, modified Lee does not teach of wherein the physical sensor transmits the sensing data to the mobile terminal, and the mobile terminal transmits the sensing data to the processing circuitry.
Molettiere, in the same field of endeavor, teaches of wherein the physical sensor transmits the sensing data to the mobile terminal, and the mobile terminal transmits the sensing data to the processing circuitry ("The activity tracking device 100 can communicate with a computing device (e.g., a smartphone, a tablet computer, a desktop computer, or a computer device having wireless communication access and/or access to the Internet). The computing device, in turn, can communicate over a network, such as the Internet or an Intranet to provide data synchronization", [0241], "In one embodiment, the data captured by the activity tracking device 100 is received by the computing device, and the data is synchronized with the activity measured application on the server", [0236]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Lee with the teaching of Molettiere to route physical sensor data through the user’s mobile terminal before delivering it to the central processing system with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to leverage the user’s existing mobile terminal as a convenient relay and synchronization hub (Molettiere, [0241]).
Regarding claim 8, modified Lee teaches of all limitations of claim 2 as stated above.
However, modified Lee does not teach of wherein the physical sensor senses one of more out of a number of steps of the object person, body temperature of the object person, and a heart rate of the object person.
Molettiere, in the same field of endeavor, teaches of wherein the physical sensor senses one of more out of a number of steps of the object person, body temperature of the object person, and a heart rate of the object person ("Some physiological metrics include, but are not limited to, energy expenditure (for example, calorie burn), floors climbed and/or descended, heart rate, heart rate variability, heart rate recovery, location and/or heading (for example, through GPS), elevation, ambulatory speed and/or distance traveled", [0232]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of modified Lee with the teaching of Molettiere to configure the physical sensor to capture set count, body temperature, and/or heart rate with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to obtain a more physiologically accurate picture of the user’s actual activity and state of health (Molettiere, [0232]).
Regarding claim 15, Lee teaches of a recommended activity presentation system for managing an activity amount of an object person ("health care applications that provide information for diet or manage an amount of exercise using the sensor data stored in the mobile device have been introduced", [0005]), comprising: a physical sensor sensing physical condition of the object person ("the exercise information may be produced based on sensing data obtained by a sensor", [0077], "The exercise recognizers 27 and 37…identify the user's action based on sensing data obtained by detecting a motion of the user. Thus, the exercise route recommendation apparatus 20…is equipped with a sensor that detects a motion of the user", [0091]); a mobile terminal carried by the object person ("a mobile computing device that is worn or possessed by the user, such as smart glasses, smart watch, or a smartphone", [0091]); a display device provided in the structure ("a map generator configured to generate a map on which the plurality of exercise routes are presented together with expected amount of calories expended on the respective exercise routes", [0008], "The map generator 15 may output the exercise routes to display device for visible representation", [0074]); an object person database storing object person data indicating attributes of the object person ("The user information 377 may include user's body measurement information that is input manually by the user, including height, weight, and the like. The user information 377 may include personal information, such as a gender, an age range, and the like", [0088]); and processing circuitry ("A computing device may include a processor", [0158]) to acquire sensing data outputted from the physical sensor ("the exercise information may be produced based on sensing data obtained by a sensor", [0077], "The exercise recognizers 27 and 37…identify the user's action based on sensing data obtained by detecting a motion of the user. Thus, the exercise route recommendation apparatus 20…is equipped with a sensor that detects a motion of the user, and may be implemented within a mobile computing device that is worn or possessed by the user, such as smart glasses, smart watch, or a smartphone", [0091]), to acquire or calculate a target activity amount of the object person per predetermined reference period based on the object person data, to calculate a track record activity amount of the object person from a start time point of the reference period to a present time point based on the sensing data and the object person data, and to calculate a shortage activity amount as an activity amount by which the object person is short based on the target activity amount and the track record activity amount ("The amount of exercise may include, for example, the maximum amount of calories the user is able to burn for health care in a day, the minimum amount of calories needed to be burnt for the user's health in a day, and the amount of calories expended so far during the day", [0050]), to determine a movement course recommended to the object person among the plurality of movement courses ("an apparatus for recommending an exercise route, including: a reference point receiver configured to receive at least two reference points…an exercise route generator configured to generate at least one geographical route between the reference points based on the map information, and generate a plurality of exercise routes by associating at least one type of exercise with the at least one geographical route with reference to exercise information comprising exercise amount data, exercise type data, and health care data", [0008]) and a recommended walking speed when moving through the movement course based on the shortage activity amount and the object person data ("The amount of exercise may include, for example, the maximum amount of calories the user is able to burn for health care in a day, the minimum amount of calories needed to be burnt for the user's health in a day, and the amount of calories expended so far during the day", [0050], "The selection of the amount of exercise may be based on the health information, such as the amount of calories needed to be expended in a day and the amount of calories consumed so far during the day", [0051], "the type of exercise may be further specified. For example, the type of exercise may be specified as 'walking slowly,' 'walking normal speed,' and 'walking quickly", [0096]), to determine a display mode of notification information to be used when making the display device display the notification information indicating at least one of the recommended movement course and the recommended walking speed, and to make the display device display the notification information in the display mode ("a map generator configured to generate a map on which the plurality of exercise routes are presented together with expected amounts of calories expended on the respective exercise routes", [0008], "The map generator 15 may output the exercise routes to a display device for visible representation", [0074]).
However, Lee does not teach of one or more cameras to capture images of an inside of a structure including a plurality of movement courses that can be used by the object person; to acquire image data outputted from the one or more cameras, to acquire terminal data for identifying the mobile terminal, and to identify the object person based on the image data and the object person data or based on the terminal data and the object person data.
Zhang, in the same field of endeavor, teaches of one or more cameras to capture images ("The video input 102 may be a normal closed circuit television (CCTV) video signal or generally, a video signal from a video camera. Element 104 may be a computer having a content analysis module, which performs scene content analysis as described herein", [0053]), to acquire image data outputted from the one or more cameras ("The video input 102 may be a normal closed circuit television (CCTV) video signal or generally, a video signal from a video camera. Element 104 may be a computer having a content analysis module, which performs scene content analysis as described herein", [0053]), and to identify the object person based on the image data and the object person data or based on the terminal data and the object person data ("Human detection/tracking module 210 may detect and track each human target in the video, and send out alert 110 when there is human in the scene", [0054]).
However, Zhang does not teach of inside of a structure including a plurality of movement courses that can be used by the object person; and to acquire terminal data for identifying the mobile terminal.
Das, in the same field of endeavor, teaches of inside of a structure including a plurality of movement courses that can be used by the object person ("in an indoor environment…pedestrian venues often present obstacles such as stairs, elevators, and escalators and barriers such as restricted access areas that may add complexity to navigation", [0020]).
However, Das does not teach of to acquire terminal data for identifying the mobile terminal.
Molettiere, in the same field of endeavor, teaches of to acquire terminal data for identifying the mobile terminal ("In one embodiment, the data captured by the activity tracking device 100 is received by the computing device, and the data is synchronized with the activity measured application on the server. In this example, data viewable on the computing device (e.g., smart phone) using an activity tracking application (app) can be synchronized with the data present on the server, and associated with the user's account", [0236]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teaching of Lee with the teaching of Das, Zhang, and Molettiere to provide a route recommendation logic within an indoor structure having multiple movement courses, uses cameras to identify the object person, and relays physical sensor data through the user’s mobile terminal to the central processing system with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to build a fully integrated indoor activity management system that addresses the navigational complexity of pedestrian venues, automates person identification without requiring active user input, and leverages the user’s existing mobile terminal as a convenient data relay (Das, [0020]).
Allowable Subject Matter
Claim 14 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL LEE ESPINOZA whose telephone number is (571)272-4889. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at (571) 270-5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ABIGAIL LEE ESPINOZA
Examiner
Art Unit 3657
/ADAM R MOTT/Supervisory Patent Examiner, Art Unit 3657
Prosecution Insights