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 .
Response to Arguments
The objection to the Specification has been withdrawn in light of the amendments to the Specification, filed 06/01/26.
The rejections of claims 4, 6, and 10 under 35 U.S.C. 112(b) have been withdrawn in light of the amendments to the claims, filed 06/01/26. However, the rejection of claim 16 under 35 U.S.C. 112(b) has been maintained, as presented in detail below.
The rejections under 35 U.S.C. 102 have been withdrawn in light of the amendments to the claims. However, a new ground(s) of rejection has been presented, as discussed in detail below.
Applicant first argues that Nuesmeyer fails to disclose map data comprising a location-to-field-type mapping for the first sport field, and wherein the location-to-field-type mapping indicates a corresponding hole identifier and a corresponding field type for each location within the first sport field, as required by the amended independent claims (Remarks, filed 06/01/26, pp. 16-20). Examiner respectfully disagrees. As noted in the Non-Final Rejection, filed 03/12/26, and in Applicant’s Remarks, filed 06/01/26, Nuesmeyer discloses golf course data (e.g., map data) for a golf course (e.g., sports field) which includes GPS locations for features (field types) including different parts of greens, bunkers, water hazards, and tee boxes, as well as hole identifiers (Fig. 2; [0027]; [0031]; see further [0069], where the holes of the golf course are identified as part of the golf course map in order to track current position of the golfer relative to the different holes). A person of ordinary skill in the art would recognize that the remaining areas not identified as greens, bunkers, water hazards, and tee boxes are considered “general areas”. Additionally and/or alternatively, Nuesmeyer further discloses wherein the location of the golfer on the course is identified and a distance between the golfer’s location and features of the course can be identified (i.e., where if the golfer is a distance from the green, for example, it is identified that the golfer is at a location corresponding to a non-green field type, such as the general area) (Fig. 6; [0027]; [0029-0032]; [0045-0047]; [0055]; [0066]). It is noted that field types are categories used to classify different areas of the course, which can be assigned based on location relative to the green.
Applicant additionally argues that Nuesmeyer does not identify a field type of strike actions, or record, based on the field type, strike data, as further required by the amended independent claims (Remarks, filed 06/01/26, pp. 16-20). Examiner respectfully disagrees. Nuesmeyer discloses determining a golf shot (swing action) and corresponding position and/or orientation data of the device, including a current hole on the golf course, locations of different golf course features (e.g., different parts of greens, bunkers, water hazards, and tee boxes), and distance to the features (i.e., green) based on a location of the golfer (Fig. 6; [0027]; [0029-0032]; [0045-0047]; [0055]; [0066]). Therefore, while Nuesmeyer may not explicitly disclose identifying a field type of each of the one or more strike actions (golf shot(s)) based on the action location of the user and the location-to-field type mapping, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that said data is inherently identified based on the known locations of the different golf course features (and corresponding non-features (i.e., general areas)) and golfer distances to those specific golf course features (field types) (see, e.g., [0062]; [0066], where, for example, it may be determined that the swing is associated with a specific location a threshold distance away from a green, each location corresponding to a field type (e.g., a feature such as a green, bunker, hazard, tee, or a general area not corresponding to a “feature”)). Moreover, Nuesmeyer discloses wherein data (i.e., strike data) for swing actions may be ignored based on location (e.g., when a distance from a portion of a green of a current hole is greater than a threshold distance, detections of putt swings and putt shots are ignored) ([0055]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that, if near or on a portion of the green (field type), the swing data (strike data) is recorded.
Accordingly, the independent claims are rejected under 35 U.S.C. 103 over Nuesmeyer, as presented in detail below.
To the extent that a person of ordinary skill in the art would find that Nuesmeyer does not disclose or teach the map data comprising a corresponding field type for each location within the first sport field, and identifying, based on the action location of the user and the location-to-field-type mapping, a field type of each of the one or more strike actions (though Examiner would respectfully disagree), it is noted that Roebke (U.S. Pub. 2015/0032237 A1) teaches these limitations, as presented below. Further, to the extent that a person of ordinary skill in the art would find that Nuesmeyer does not disclose or teach recording, based on the field type of each of the one or more strike actions, strike data of each of the one or more strike actions (though Examiner would respectfully disagree), it is noted that Syed et al. (U.S. Pub. 2015/0335978 A1) teaches this limitation, as presented below. Thus, the independent claims are additionally rejected under 35 U.S.C. 103 over Nuesmeyer in view of Roebke and Syed, as discussed in detail below.
Claim Objections
Claims 9-11 are objected to because of the following informalities:
a hole identifier and a field type of each location” recited in claim 9, ln. 2 should likely read “[[a]]the hole identifier and [[a]]the field type of each location”;
“data, strike data” recited in claim 10, ln. 3 should likely read “data, the strike data”;
“a field in which the strike action” recited in claim 10, ln. 7 should likely read “a field type in which the strike action” for clarity purposes;
“each of the one or more strikes” recited in claim 11, ln. 1 should likely read “each of the one or more strike[[s]] actions” for consistency purposes and to avoid claim ambiguity; and
“the strike action” recited in claim 11, ln. 6, 7, 9, 10-11, 12, 13, 14, 19, 21, 25, and 26-27 should likely read “the one or more strike actions” for consistency purposes and to avoid claim ambiguity.
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 16-19 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 16 recites in part “select, based on the strike data, the one or more strike actions whose hole identifiers are a hole identifier of the hole”. It is indefinite as to what is intended by hole identifiers to be a hole identifier of the hole and/or what hole “the hole” is referring to, and the Specification does not offer further guidance.
Claim 17 is rejected by virtue of its dependency on claim 16.
Claim 18 recites in part “the apparatus” in ln. 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 is rejected by virtue of its dependency on claim 18.
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.
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 1-5, 9, and 18-20 rejected under 35 U.S.C. 103 as being unpatentable over 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);
load 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), wherein the map data comprises a location-to-field type mapping for the first sport field, and wherein the location-to-field type mapping indicates a corresponding hole identifier and a corresponding field type for each location within the first sport field (Figs. 2 & 5; [0027]; [0031-0032]; [0066]; [0069], wherein the golf course data includes a hole identifier and field type based on locations within the golf course (i.e., different parts of greens, bunkers, water hazards, and tee boxes));
obtain, after 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));
detect, based on the motion data, one or more strike actions of the user ([0029]; [0052-0053], where swing motion which identifies a golf shot (strike action) by the golfer is obtained from the motion data); and
display, based on the strike 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).
While Nuesmeyer may not explicitly disclose the map data including a corresponding field type for the remaining locations within the first sport field comprising the general areas (fairway and rough), Nuesmeyer discloses golf course data (e.g., map data) for a golf course (e.g., sports field) which includes GPS locations for features (field types) including different parts of greens, bunkers, water hazards, and tee boxes ([0027]). A person of ordinary skill in the art would recognize that the remaining areas not identified as greens, bunkers, water hazards, and tee boxes are considered “general areas”. Additionally and/or alternatively, Nuesmeyer further discloses wherein the location of the golfer on the course is identified and a distance between the golfer’s location and features of the course can be identified (i.e., where if the golfer is distance from the green, for example, it is identified that the golfer is at a location corresponding to a non-green field type, such as the general area) (Fig. 6; [0027]; [0029-0032]; [0045-0047]; [0055]; [0066]). Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the map data includes field types for each location within the first sport field, as Nuesmeyer discloses the map data comprising locations for different parts of greens, bunkers, water hazards, and tee boxes, as well as the ability to determine golfer distance to the “features” based on location, wherein the locations not identified as a tee box, green, bunker, or water hazard feature would be known to be a “general area” that is a location relative to the green.
Nuesmeyer may not further explicitly disclose identifying, based on the action location of the user and the location-to-field-type mapping, a field type of each of the one or more strike actions. However, Nuesmeyer discloses determining a golf shot (swing action) and corresponding position and/or orientation data of the device, including a current hole on the golf course, locations of different golf course features (e.g., different parts of greens, bunkers, water hazards, and tee boxes), and distance to the features (i.e., green) based on a location of the golfer (Fig. 6; [0027]; [0029-0032]; [0045-0047]; [0055]; [0066]). Therefore, while N may not explicitly disclose identifying a field type of each of the one or more strike actions (golf shot(s)) based on the action location of the user and the location-to-field type mapping, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that said data is inherently identified based on the known locations of the different golf course features (and corresponding non-features (i.e., general areas)) and golfer distances to those specific golf course features (field types) (see, e.g., [0062]; [0066], where, for example, it may be determined that the swing is associated with a specific location a threshold distance away from a green, each location corresponding to a field type (e.g., a feature such as a green, bunker, hazard, tee, or a general area not corresponding to a “feature”)).
Furthermore, Nuesmeyer may not explicitly disclose recording, based on the field type of each of the one or more strike actions, strike data of each of the one or more strike actions. However, Nuesmeyer discloses wherein data (i.e., strike data) for a swing action may be ignored based on location (e.g., when a distance from a portion of a green of a current hole is greater than a threshold distance, detections of putt swings and putt shots are ignored) ([0055]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that, if near or on a portion of the green (field type), the swing data (strike data) is recorded.
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, 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 first input, 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: identify, 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 identify, 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 hole identifier and a 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 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 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 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.
Claims 1-5, 9, and 18-20 rejected under 35 U.S.C. 103 as being unpatentable over Nuesmeyer in view of Roebke (U.S. Pub. 2015/0032237 A1) and Syed (U.S. Pub. 2015/0335978 A1).
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);
load 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), wherein the map data comprises a location-to-field type mapping for the first sport field, and wherein the location-to-field type mapping indicates a corresponding hole identifier and a corresponding field type for each location within the first sport field (Figs. 2 & 5; [0027]; [0031-0032]; [0066]; [0069], wherein the golf course data includes a hole identifier and field type based on locations within the golf course (i.e., different parts of greens, bunkers, water hazards, and tee boxes));
obtain, after 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));
detect, based on the motion data, one or more strike actions of the user ([0029]; [0052-0053], where swing motion which identifies a golf shot (strike action) by the golfer is obtained from the motion data); and
display, based on the strike 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).
Nuesmeyer discloses golf course data (e.g., map data) for a golf course (e.g., sports field) which includes GPS locations for features (field types) including different parts of greens, bunkers, water hazards, and tee boxes ([0027]), and further, wherein the location of the golfer on the course is identified and a distance between the golfer’s location and features of the course can be identified (i.e., where if the golfer is distance from the green, for example, it is identified that the golfer is at a location corresponding to a non-green field type, such as the general area) (Fig. 6; [0027]; [0029-0032]; [0045-0047]; [0055]; [0066]). A person of ordinary skill in the art would recognize that the remaining areas not identified as greens, bunkers, water hazards, and tee boxes are considered “general areas”. Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the map data includes field types for each location within the first sport field, as Nuesmeyer discloses the map data comprising locations for different parts of greens, bunkers, water hazards, and tee boxes, as well as the ability to determine golfer distance to the “features” based on location, wherein the locations not identified as a tee box, green, bunker, or water hazard feature would be known to be a “general area” that is a location relative to the green. Moreover, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to identify, based on the action location of the user and the location-to-field-type mapping, a field type of each of the one or more strike actions, as said data is inherently identified based on the known locations of the different golf course features (and corresponding non-features (i.e., general areas)) and golfer distances to those specific golf course features (field types) (see, e.g., [0062]; [0066], where, for example, it may be determined that the swing is associated with a specific location a threshold distance away from a green, each location corresponding to a field type (e.g., a feature such as a green, bunker, hazard, tee, or a general area not corresponding to a “feature”)).
To the extent that a person of ordinary skill in the art would find that Nuesmeyer does not disclose or teach the map data comprising a corresponding field type for each location within the first sport field, and identifying, based on the action location of the user and the location-to-field-type mapping, a field type of each of the one or more strike actions (though Examiner would respectfully disagree), Roebke, directed to a wearable device for tracking athletic (golfing) performance ([0004]), teaches a map of the course which defines specific areas of each hole, including locations of the teeing groups, hazards, fairway, and the green (Fig. 7; [0045]), and wherein each stroke of the user is associated with a specific location ([0058]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the map data to comprise each location within the sport field, including general areas such as the fairway, as well as to identify each stroke (one or more swing actions) with a specific location of the course, as taught by Roebke, in the invention of Nuesmeyer to aid in providing accurate swing data to the golfer (e.g., distance to the green) (see, e.g., Roebke, Fig. 8; [0059], where the gathered data may be used to indicate a distance to various points of interest from the current location).
Furthermore, Nuesmeyer may not explicitly disclose recording, based on the field type of each of the one or more strike actions, strike data of each of the one or more strike actions. However, Nuesmeyer discloses wherein data (i.e., strike data) for swing actions may be ignored based on location (e.g., when a distance from a portion of a green of a current hole is greater than a threshold distance, detections of putt swings and putt shots are ignored) ([0055]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that, if near or on a portion of the green (field type), the swing data (strike data) is recorded.
To the extent that a person of ordinary skill in the art would find that Nuesmeyer does not disclose or teach recording, based on the field type of each of the one or more strike actions, strike data of each of the one or more strike actions (though Examiner would respectfully disagree), Syed, directed to monitoring/or tracking user performance during an activity involving one or more swing instruments ([0033]), teaches this limitation ([0040], wherein swing analysis information (strike data) may be determined/recorded and include fairway hits which comprises a percentage of times the golfer hits the fairway when the golf ball is hit from the tee (field type)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to record strike data which corresponds to a field type for the strike action (e.g., fairway hits from a tee), as taught by Syed, in the invention of Nuesmeyer as additional golf-related information to be presented to the player.
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, 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 first input, 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: identify, 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 identify, 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 hole identifier and a 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 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 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 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.
Allowable Subject Matter
Claims 6-7, 10-15, and 21 are 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, and further providing the claim objections presented above are corrected. Moreover, claims 16-17 would similarly be allowable provided the rejections under 35 U.S.C. 112(b), presented above, are overcome.
The relevant prior art fails to disclose, teach, or suggest each and every limitation as recited in claims 6-7, 10-17, and 21. With respect to claims 6-7, the prior art fails to teach wherein a second sport field is obtained through positioning by the apparatus based on the first location of the apparatus in the first sport field, as required by claim 6. With respect to claims 10-16, the prior art fails to teach wherein the strike data of each strike action comprises a recording time, a cumulative quantity of strokes for a hole to which the strike action belongs, a swing time, a hole identifier, a field type, a strike point, and a cumulative quantity of strokes for a field in which the strike action is performed, and wherein the statistical data, based on the strike data, comprises a total cumulative quantity of strokes for each field type, a total cumulative quantity of strokes for each hole, a stroke distribution for each swing type, and a total cumulative quantity of strokes for all holes, as required by claim 10. Lastly, with respect to claim 21, the prior art fails to teach further recording of the strike data of the strike action based on a comparison of a distance between a strike point of the strike action and a strike point of a previously recorded strike action with a latest recording time to a first threshold when the field type of the strike action is the tee, the fairway, or the hazard and the strike action is not the first occurring strike action for the hole, wherein the strike data of the strike action is recorded when the distance is greater than the first threshold, and wherein the strike data of the strike action is recorded when the distance does not exceed the first threshold and a user input received within a first duration indicates that the strike action is performed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. 2024/0033569 A1 – This reference teaches a wearable device for tracking a golf swing, wherein a number of strokes taken on a specific hole is recorded.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA N BIANCAMANO whose telephone number is (571)272-4280. The examiner can normally be reached M-F: 8:30am-5:00pm.
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/ALYSSA N BIANCAMANO/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
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