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 .
Specification
The disclosure is objected to because of the following informalities: The Specification, [0537], states “For a specific implementation of the third sport field, refer to the descriptions of the golf course c in the embodiment of Fig. 4E.” However, Fig. 4E does not appear to depict golf course c, nor descriptions of the golf course c, in the figure. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 6-8, 10-14, and 16-17 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.
Claim 4 recites “The apparatus of claim 1, wherein the at least one processor is further configured to execute instructions to: receive a first input indicating that the user is playing the target sport; receive, from the user and on the first input, a third operation; and further receive, after receiving the third operation, the first instruction”, wherein the first instruction indicates that the user is playing the target sport. First, it is indefinite as to how the first input, indicating that the user is playing the target sport, differs from the third operation, which appears to send a first instruction indicating that the user is playing the target sport. Second, it is indefinite as to how a third operation from the user is performed “on the first input”, and the Specification does not offer further guidance.
Claim 6 recites in part “wherein the second sport field is obtained through positioning by the apparatus based on a second location of the apparatus in the first sport field”. It is indefinite as to how the second sport field is obtained through positioning of the apparatus based on a location of the apparatus in the first sport field. The Specification indicates that the sport fields comprise golf courses (see, e.g., Specification, [0508], “For a specific implementation of the first sport field, refer to the foregoing descriptions of the golf course.”; see further, Specification, [0539], wherein the third sport field may be identified as “Golf course a”). Accordingly, it is unclear as to how a second sport field relates to a location in the first sport field, as indicated by claim 6, and the Specification does not offer further guidance.
Claims 7-8 are rejected by virtue of their dependencies on claim 6.
Claim 6 further recites in part “receive, from the user on the second control, a fifth operation; display, on a second user interface and after receiving the fifth operation, a fourth control configured to search for a third sport field; receive, from the user and on the fourth control, a sixth operation; receive, after receiving the sixth operation, a second input indicating the third sport field; receive, from the user and on the second input, a seventh operation; after receiving the seventh operation, determine that the user has selected the third sport field, and switch from the second user interface to the first user interface for display, wherein the second control on the first user interface indicates the third sport field; receive, from the user and on the third control, an eighth operation; and determine, after receiving the eighth operation, the third sport field as the first sport field.” It is indefinite as to how the second control both causes a fourth control configured to search for a third sport field to be displayed and also indicates the third sport field, as required by the claim.
Claims 7-8 are rejected by virtue of their dependencies on claim 6.
No prior art is currently provided for claim 6 in light of the indefinite rejections presented above.
No prior art is further provided for claims 7-8 based on their dependencies on claim 6.
Claim 10 recites in part “strike data of each first strike action, wherein the strike data comprises a recording time, a first cumulative quantity of strokes for a first hole to which the first strike action belongs, a swing type, a second hole identifier, a second field type, a strike point, and a second cumulative quantity of strokes for a field to which the first strike action belongs”. First, there are insufficient antecedent bases for the limitations “each first strike action” recited in ln. 3-4 and “the first strike action” recited in ln. 5. Second, the claim recites “a first hole to which the first strike action belongs” and “a field to which the first strike action belongs”. It is indefinite as to whether the recited strike action belongs to a first hole, or rather, to a field, and the Specification does not offer further guidance.
Claims 11-14 are rejected by virtue of their dependencies on claim 10.
Claim 10 further recites in part “wherein the statistical data comprises the strike data, a first total cumulative quantity of strokes for each second field type, a second total cumulative quantity of strokes for each hole, a stroke distribution for each swing type, and a third total cumulative quantity of strokes for all holes”. First, the limitation “each second field type” lacks antecedent basis in the claim (see ln. 6, which recites “a second field type” (emphasis added)). Second, the limitation “each hole” lacks antecedent basis (see ln. 5-6 reciting a “first hole” and a “second hole identifier” (emphasis added)). Third, it is indefinite as to whether, and if so how, the third total cumulative quantity of strokes for all holes differs from the second cumulative quantity of strokes for a field to which the first strike action belongs, wherein the field presumably comprises all holes.
Claims 11-14 are rejected by virtue of their dependencies on claim 10.
No prior art is currently provided for claim 10 in light of the indefinite rejections presented above.
No prior art is further provided for claims 11-14 based on their dependencies on claim 10.
Claim 16 recites in part “select, based on strike data of all strike actions, first strike actions whose hole identifiers are a second hole identifier of the hole”. It is indefinite as to what is intended by hole identifiers to be a second hole identifier of the hole, and the Specification does not offer further guidance.
Claim 17 is rejected by virtue of its dependency on claim 16.
No prior art is currently provided for claim 16 in light of the indefinite rejection presented above.
No prior art is further provided for claim 17 based on its dependency on claim 16.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 9, 15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nuesmeyer et al. (U.S. Pub. 2016/0354671 A1) (hereinafter “Nuesmeyer”).
Regarding claim 1, Nuesmeyer discloses an apparatus (Fig. 1, #100; [0020-0021], wearable computing device 100), comprising:
one or more memories configured to store instructions (Figs. 1 & 10; [0028]; [0044-0045]; [0111-0112]; [0115-0116]; [0118], the wearable computing device comprising storage/memory);
at least one processor coupled to the one or more memories and configured to execute the instructions (Figs. 1 & 10; [0026]; [0028]; [0044-0045]; [0111-0112]; [0115]; [0118], the wearable computing device comprising processing and other computing resources) to:
receive a first instruction indicating that a user is playing a target sport on a first sport field (Fig. 1; [0021]; [0027], wherein a golfer executes a golf application program sending an indication that the user is playing a target sport (golf), and wherein golf course data is acquired by the device);
determine, after receiving the first instruction, whether the apparatus has loaded map data of the first sport field ([0025]; [0027-0028], where the device can load and present golf course feature maps, and wherein the program may infer the golf course based on current location and/or information saved in a calendar application, or via user selection of the golf course, and the device acquires golf course data of the golf course);
obtain, after determining that the apparatus has loaded the map data, motion data and positioning data, wherein the motion data represents an action feature of the user when the user plays the target sport, and wherein the positioning data represents a first location of the apparatus and an action location of the user on the first sport field when the user plays the target sport (Fig. 6; [0027]; [0029-0030]; [0045-0047], wherein, after the golf course data has been downloaded to the device, the golfer may proceed with playing the round of golf, wherein swing motion which identifies a golf shot by the golfer (an action feature) may be obtained by motion sensors of the wearable computing device that may be configured to determine position and/or orientation data of the device, including a current hole on the golf course (action location on the first sport field)); and
display, based on the motion data, the positioning data, and the map data, statistical data about playing the target sport by the user (Figs. 2 & 5; [0030-0032]; [0039-0040], wherein the device may visually present golf-related information via display 104 (statistical data about playing the target sport), including a current golf score, relevant distances and elevations, and other suitable golf-related information).
Regarding claim 2, Nuesmeyer further discloses wherein the at least one processor is further configured to execute the instructions to: display a first control indicating that the user is playing the target sport (Fig. 1; [0021], displaying the golf application program 108B); receive, from the user and on the first control, a first operation (Fig. 1; [0021], wherein the golfer taps the golf application program tile to execute the corresponding application); and further receive, after receiving the first operation, the first instruction (Fig. 1; [0021], wherein the wearable device receives the golfer selection, indicating that the user is playing the target sport, and executes the application).
Regarding claim 3, Nuesmeyer further discloses a hardware button (Fig. 1, #106; [0020], push buttons 106), wherein the at least one processor is further configured to execute the instructions to: receive, from the user and on the hardware button, a second operation indicating that the user is playing the target sport (Fig. 1; [0020-0021], wherein the golfer may utilize push buttons 106 to initiate various operations, including executing different application programs, such as the golf application program); and receive, after receiving the second operation, the first instruction (Fig. 1; [0020-0021], wherein the wearable device receives the golfer selection, indicating that the user is playing the target sport, and executes the application).
Regarding claim 4, Nuesmeyer further discloses wherein the at least one processor is further configured to execute the instructions to: receive a first input indicating that the user is playing the target sport (Fig. 1; [0021-0022], wherein the golf application program 108B may be received by the wearable computing device and available for user selection to indicate the golfer is playing the target sport); receive, from the user and on the first input, a third operation (Fig. 1; [0020-0021], wherein the golfer taps the golf application program tile or utilizes push buttons 106 to execute the golf application program); and further receive, after receiving the third operation, the first instruction (Fig. 1; [0021], wherein the wearable device receives the golfer selection, indicating that the user is playing the target sport, and executes the application).
Regarding claim 5, Nuesmeyer further discloses wherein the at least one processor is further configured to execute the instructions to: determine, after receiving the first instruction, the first sport field ([0025]; [0027-0028], where the device can load and present golf course feature maps, and wherein the program may infer the golf course based on current location and/or information saved in a calendar application, or via user selection of the golf course, and the device acquires golf course data of the golf course); and determine, based on an identifier of the first sport field, whether the apparatus has loaded the map data ([0025]; [0027-0028]; [0069], wherein the wearable computing device stores golf course data for some or all available golf courses and determines the golf course data for the identified (selected or inferred) golf course).
Regarding claim 9, Nuesmeyer further discloses wherein when the target sport is golf and the map data indicates a first hole identifier and a first field type of each location in the first sport field (Fig. 2; [0027]; [0031], wherein the golf course data includes a hole identifier (number) and locations of different golf course features (e.g., front/middle/back of greens, bunkers, water hazards, and tee boxes)), the at least one processor is further configured to execute the instructions to: start a motion sensor and a positioning sensor after determining that the apparatus has loaded the map data, obtain the motion data by using the motion sensor, and obtain the positioning data by using the positioning sensor (Fig. 6; [0027]; [0029-0030]; [0045-0047], wherein, after the golf course data has been downloaded to the device, the golfer may proceed with playing the round of golf, wherein swing motion (motion data) which identifies a golf shot by the golfer may be obtained by motion sensors of the wearable computing device that may be configured to determine position and/or orientation data of the device, including a current hole on the golf course, and further, wherein a GPS sensor may be configured to determine positioning data (i.e., geographical location) of the device); or start a motion sensor, a positioning sensor, and a sound collector after determining that the apparatus has loaded the map data, obtain the motion data using the motion sensor, obtain the positioning data by using the positioning sensor, and obtain sound wave data using the sound collector (Fig. 6; [0027]; [0029-0030]; [0045-0048], wherein, after the golf course data has been downloaded to the device, the golfer may proceed with playing the round of golf, wherein swing motion (motion data) which identifies a golf shot by the golfer may be obtained by motion sensors of the wearable computing device that may be configured to determine position and/or orientation data of the device, including a current hole on the golf course, and further, wherein a GPS sensor may be configured to determine positioning data (i.e., geographical location) of the device and one or more audio sensors may be configured to capture sounds (e.g., swing motion and/or contact between a golf club and golf ball)).
Regarding claim 15, Nuesmeyer further discloses wherein the statistical data comprises a golf strike path for each hole (Fig. 5; [0042], wherein the device is in communication with a mobile computing device which may further display golf-related information, including a shot map 512 including a position and distance of each golf shot taken by the golfer for a selected hole of the golf course (golf strike path for each hole)).
Regarding claim 18, claim 18 is a method of claim 1 and is thereby rejected for like reasoning.
Regarding claim 19, Nuesmeyer further discloses wherein receiving the first instruction comprises: displaying a first control indicating that the user is playing the target sport (Fig. 1; [0021], displaying the golf application program 108B); receiving, from the user and on the first control, a first operation (Fig. 1; [0021], wherein the golfer taps the golf application program tile to execute the corresponding application); and receiving, after receiving the first operation, the first instruction (Fig. 1; [0021], wherein the wearable device receives the golfer selection, indicating that the user is playing the target sport, and executes the application); and wherein when the apparatus comprises a hardware button, receiving the first instruction comprises: receiving, from the user and on the hardware button, a second operation indicating that the user is playing the target sport (Fig. 1; [0020-0021], wherein the golfer may utilize push buttons 106 to initiate various operations, including executing different application programs, such as the golf application program); and receiving, after receiving the second operation, the first instruction (Fig. 1; [0020-0021], wherein the wearable device receives the golfer selection, indicating that the user is playing the target sport, and executes the application).
Regarding claim 20, claim 20 is a computer program product of claim 1 and is thereby rejected for like reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. 2022/0118341 A1 – This reference teaches a golf analysis assistance program.
U.S. Pub. 2021/0409656 A1 – This reference teaches monitoring and recording activity (e.g., golf), wherein golf courses and associated data may be stored and/or presented to a user, and where golfer data (e.g., swing data) may be analyzed.
U.S. Pub. 2020/0139216 A1 – This reference teaches determining a golfer’s location at various times, including a time and location where a golf ball is struck by the golfer on a course.
U.S. Pub. 2016/0354633 A1 – This reference teaches a user interface display of one or more parts of a golf course (e.g., a particular hole) that is overlaid with a motion trajectory which may be reconstructed from positional or location data of a player during a round of golf at the displayed hole.
U.S. Pub. 2016/0107032 A1 – This reference teaches determining location of a monitoring device, wherein, for example, a device can detect certain activity at a particular map location and determine that the map location corresponds to a golf course, and further, wherein additional information, such as a number of golf swings taken by a user, can be tracked.
U.S. Pub. 2015/0335978 A1 – This reference teaches monitoring a performance of a golfer, wherein a location of the golfer may be detected, a geographical map of a golf course may be displayed on an electronic device, swing information may be received, and the swing information may be overlaid on the geographical map to indicate a geographic location of the golf shot on the golf course.
U.S. Pub. 2015/0328523 A1 – This reference teaches determining location of a golfer, analyzing a golf swing, identifying a map location (e.g., golf course, golf hole, fairway, green, etc. associated with one or more geographical coordinates), and displaying various information such as golf courses, maps, locations, and the like.
U.S. Pub. 2015/0032237 A1 – This reference teaches a wearable sensing unit (e.g., watch-type device) that may transmit a stroke count, hole indicator, course distance indicator to various points of interest from the current location, and other statistical data to a golfer.
U.S. 5,740,077 A – This reference teaches a portable data collection unit to be carried by a user for displaying information to the user and for recording data concerning a golf round.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA N BRANDLEY whose telephone number is (571)272-4280. The examiner can normally be reached M-F: 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol, can be reached at (571)272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSSA N BRANDLEY/Examiner, Art Unit 3715