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 .
Claims Objections
Claim 4 is objected to because of the following informalities:
Claim language “determining the swimming speed according to the swimming acceleration and the swimming acceleration-to-speed model” should read “determining the swimming speed according to the swimming acceleration and [[the]] a swimming acceleration-to-speed model” in order to provide the appropriate antecedent basis.
Claim 7 is objected to because of the following informalities:
Claim language “wherein [[a]] the fit-correction method includes rotation and stretching” should read “wherein [[a]] the fit-correction method includes rotation and stretching” in order to provide the appropriate antecedent basis.
Claim 8 is objected to because of the following informalities:
Claim language “after determining the swimming trajectory” should read “after the determining the swimming trajectory” in order to provide the appropriate antecedent basis.
Claim 11 is objected to because of the following informalities:
Claim language “determine a swimming speed according to the swimming acceleration” should read “determine [[a]] the swimming speed according to the swimming acceleration” in order to provide the appropriate antecedent basis.
Claim 12 is objected to because of the following informalities:
Claim language “obtain a timestamp of a system implementing the method” should read “obtain [[a]] the timestamp of [[a]] the system implementing the method”; “determine a swimming position of the user according to the swimming speed and the swimming direction that are aligned” should read “determine [[a]] the swimming position of the user according to the swimming speed and the swimming direction that are aligned” in order to provide the appropriate antecedent basis.
Claim 13 is objected to because of the following informalities:
Claim language “obtain a pre-constructed swimming acceleration-to-speed model” should read “obtain [[a]] the timestamp of [[a]] the system implementing the method” in order to provide the appropriate antecedent basis.
Claim 14 is objected to because of the following informalities:
Claim language “update the swimming acceleration-to-speed model according to the positioning data to obtain an updated swimming acceleration-to-speed model” should read “update the swimming acceleration-to-speed model according to the positioning data to obtain [[an]] the updated swimming acceleration-to-speed model” in order to provide the appropriate antecedent basis.
Claim 15 is objected to because of the following informalities:
Claim language “determine a current swimming position of the user according to the positioning data” should read “determine [[a]] the current swimming position of the user according to the positioning data” in order to provide the appropriate antecedent basis.
Claim 16 is objected to because of the following informalities:
Claim language “wherein a fit-correction method includes rotation and stretching” should read “wherein [[a]] the fit-correction method includes the rotation and the stretching” in order to provide the appropriate antecedent basis.
Appropriate correction is requested.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite an abstract idea as discussed below. This abstract idea is not integrated into a practical application for the reasons discussed below. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception for the reasons discussed below.
Step 1 of the 2019 Guidance requires the examiner to determine if the claims are to one of the statutory categories of invention. Applied to the present application, the claims belong to one of the statutory classes of a process/product. The below claim is considered to be a statutory category (product).
Step 2A of the 2019 Guidance is divided into two Prongs. Prong 1 requires the
examiner to determine if the claims recite an abstract idea, and further requires that
the abstract idea belongs to one of three enumerated groupings: mathematical concepts, mental processes, and certain methods of organizing human activity.
Independent Claim 1 is copied below, with the limitations belonging to an
abstract idea highlighted in bold; the remaining limitations are ‘’additional elements’’.
An outdoor swimming trajectory determination method comprising:
in a situation where positioning data is not obtained, obtaining a swimming direction of a user and a swimming acceleration of the user,
the swimming direction being collected by a first terminal, and
the swimming acceleration being collected by at least one of the first terminal or a second terminal;
determining a swimming trajectory of the user according to the swimming direction and the swimming acceleration; and
in a situation where the positioning data is obtained, correcting the swimming trajectory according to the positioning data, the positioning data being collected by the second terminal.
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into the grouping of subject matter that when recited as such in a claim limitation covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations), certain methods of organizing human activity, and mental processes (concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion).
For example, the limitation of “determining a swimming trajectory of the user according to the swimming direction and the swimming acceleration” is being treated by the Examiner as belonging to mathematical/mental concepts grouping combination; and the limitation of “in a situation where the positioning data is obtained, correcting the swimming trajectory according to the positioning data, the positioning data being collected by the second terminal” is being treated by the Examiner as belonging to mathematical concepts grouping.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites
a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that
integrate the exception into a practical application of that exception.
The additional elements in Claim 1 of “positioning data”, “swimming direction”, “swimming acceleration”, “first terminal”, and “second terminal” are recited in generality and do not recite particular machines applying or being used by the abstract idea. The “first terminal” and “second terminal” are generic computer terms used to facilitate the application of the judicial exception. The preamble of Claim 1: “An outdoor swimming trajectory determination method comprising” is a generically recited preamble.
The additional elements in Claim 1 of “in a situation where positioning data is not obtained, obtaining a swimming direction of a user and a swimming acceleration of the user”, “the swimming direction being collected by a first terminal”, and “the swimming acceleration being collected by at least one of the first terminal or a second terminal” are treated as an extra solution activity recited in generality (e.g., mere data gathering).
Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
Step 2B of the 2019 Guidance requires the examiner to determine whether the additional elements cause the claim to amount to significantly more than the abstract idea itself. The considerations for this particular claim are essentially the same as the considerations for Prong 2 of Step 2A, and the same analysis leads to the conclusion that the claim does not amount to significantly more than the abstract idea.
The above claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis).
Therefore, claim 1 is rejected under 35 U.S.C. 101 as directed to an abstract idea without significantly more.
Same considerations were applied to the independent Claims 19 and 20 and these claims were also found non-eligible as directed to an abstract idea without significantly more.
Similar limitations comprise the abstract ideas of independent Claims 2-18.
With regards to the dependent claims, Claims 2-18 provide additional features/steps which are either part of an expanded abstract idea of the independent claims and/or adding additional elements/steps that are not meaningful as they are recited in generality and/or not qualified as particular machine and/or eligible transformation and, therefore, do not reflect a practical application as well as not qualified for “significantly more” based on prior art of record.
The dependent claims are, therefore, also ineligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US20170259114 to Yamada et al. (hereinafter Yamada) in view of US20180028863 to Matsuda et al. (hereinafter Matsuda).
Regarding Claim 1: Yamada discloses:
“An outdoor swimming trajectory determination method comprising: in a situation where positioning data is not obtained, obtaining a swimming direction of a user” (Fig 1 left part, Fig. 8; see also para 0005; para 0030 – “In the performance monitoring device according to the application example, the information related to the relative position may include information related to a relative position between the user swimming and the target on the water”; para 0174 – “The information represents the direction (an example of the direction from the user toward the target) for the user to proceed in in order to reach the (N+1)-th way point with the shortest route (a straight route). The processing section 120 c of the user terminal 1C calculates the difference (the direction of the difference vector) between the position coordinate of the (N+1)-th way point and the present position coordinate to thereby calculate the direction for the user to proceed in in order to reach the (N+1)-th way point.(i.e. obtaining a swimming direction of a user, added by examiner) ”) and
“a swimming acceleration of the user” (para 0092 – “The acceleration sensor 113 c of the user terminal 1C is an inertial sensor for detecting the acceleration in each of the three axial directions intersecting with (ideally perpendicular to) each other, and then outputting a digital signal (acceleration data) corresponding to the levels and the directions of the triaxial acceleration thus detected”);
“the swimming direction being collected by a first terminal” (para 0064 – “the user terminal 1C starts the process of a swim navigation described later, and then starts guiding the user 2 in a direction toward the first corner (the first buoy BY-1)”);
“the swimming acceleration being collected by at least one of the first terminal or a second terminal” (para 0088 – “The user terminal 1C is configured including a GPS sensor 110 c (an example of a positioning section), a geomagnetic sensor 111 c, an atmospheric pressure sensor 112 c, an acceleration sensor 113 c”; para 0092 – “para 0092 – “The acceleration sensor 113 c of the user terminal 1C is an inertial sensor for detecting the acceleration in each of the three axial directions intersecting with (ideally perpendicular to) each other, and then outputting a digital signal (acceleration data) corresponding to the levels and the directions of the triaxial acceleration thus detected”; para 0054 – “As shown in FIG. 1, the system according to the present embodiment includes a management terminal 1A, buoy terminals 1B (each an example of a positioning system), and user terminals 1C (i.e. there can be multiple user terminals, first terminal, second, etc., added by examiner )”);
“in a situation where the positioning data is obtained, correcting the swimming trajectory according to the positioning data, the positioning data being collected by the second terminal” (para 0092 – “It should be noted that the output of the acceleration sensor 113 c can also be used for correcting the positional information included in the positioning data of the GPS sensor 110 c in the user terminal 1C”).
Yamada does not explicitly disclose:
“determining a swimming trajectory of the user according to the swimming direction and the swimming acceleration”.
However, Matsuda discloses:
“determining a swimming trajectory of the user according to the swimming direction and the swimming acceleration” (para 0093 – “The accelerometer 17 detects the movement of the swimmer in three axial directions, (i.e. determining the swimming trajectory according to direction, added by examiner) performs amplification, waveform shaping, and A/D conversion on the detected acceleration signals (i.e. swimming acceleration, added by examiner) … and outputs the converted acceleration data as the activity information to the swimming information generation unit 37 (processing unit 30)”; para 0155 – “the device information acquisition unit 71 acquires the positional information P including information of a movement direction”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 2: Yamada/Matsuda combination discloses the method according to Claim 1.
Yamada does not specifically disclose:
“wherein determining the swimming trajectory includes: determining a swimming speed according to the swimming acceleration; and determining the swimming trajectory according to the swimming speed and the swimming direction”.
However, Matsuda discloses:
“wherein determining the swimming trajectory includes: determining a swimming speed according to the swimming acceleration (para 0020 – “It is possible to measure the activity information with an acceleration and an angular velocity of the swimmer by using the sensors included in the activity sensor.”; para 0086 – “The movement velocity is vector information including information items of a movement direction and a movement speed… The movement velocity and a movement distance (interpreted as the constituents of the trajectory, added by examiner) … may be calculated from the information items of the latitude and the longitude in the positioning time”); and
“determining the swimming trajectory according to the swimming speed and the swimming direction” (para 0086 – “The movement velocity is vector information including information items of a movement direction and a movement speed.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 3: Yamada/Matsuda combination discloses the method according to Claim 2.
Yamada does not explicitly disclose:
“further comprising, before determining the swimming trajectory: obtaining a timestamp of a system implementing the method; and aligning the swimming speed and the swimming direction according to the timestamp; wherein determining the swimming trajectory includes: determining a swimming position of the user according to the swimming speed and the swimming direction that are aligned; and determining the swimming trajectory of the user according to the swimming position”.
However, Matsuda discloses:
“further comprising, before determining the swimming trajectory: obtaining a timestamp of a system implementing the method; and aligning the swimming speed and the swimming direction according to the timestamp” (para 0049 – “A wearable device according to this application example includes a timepiece that measures a time and outputs time information, a positional sensor that measures positional information of a swimmer, (i.e. positioning information, added by examiner) an activity sensor that measures activity information of the swimmer, a processing unit that generates swimming information (i.e. swimming speed and direction, added by examiner) related to swimming of the swimmer based on the activity information and generates transmission information acquired by associating the swimming information and the positional information with the time information (i.e. aligning, added by examiner)”);
“wherein determining the swimming trajectory includes: determining a swimming position of the user according to the swimming speed and the swimming direction that are aligned “(para 0086 – “The positional information P includes information items such as a latitude, a longitude, an altitude, a movement velocity, and a positioning time. The positioning time is a time when the latitude, the longitude, and the altitude are measured. The movement velocity is vector information including information items of a movement direction and a movement speed. The information items of the latitude and the longitude in the positioning time are equivalent to a current position. … The movement velocity and a movement distance (interpreted as the constituents of the trajectory, added by examiner) … may be calculated from the information items of the latitude and the longitude in the positioning time””; and
“determining the swimming trajectory of the user according to the swimming position” (para 0086 – “The positional information P includes information items such as a latitude, a longitude, an altitude, a movement velocity, and a positioning time. The positioning time is a time when the latitude, the longitude, and the altitude are measured. The movement velocity is vector information including information items of a movement direction and a movement speed. The information items of the latitude and the longitude in the positioning time are equivalent to a current position”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 4: Yamada/Matsuda combination discloses the method according to Claim 2.
Yamada does not explicitly disclose:
“wherein determining the swimming speed includes: obtaining a pre-constructed swimming acceleration-to-speed model; and determining the swimming speed according to the swimming acceleration and the swimming acceleration-to-speed model”.
However, Matsuda discloses:
“wherein determining the swimming speed includes: obtaining a pre-constructed swimming acceleration-to-speed model; and determining the swimming speed according to the swimming acceleration and the swimming acceleration-to-speed model” (para 0127 – “The swimming information generation unit 37 determines the swimming style from tendency of the gyro data or the acceleration data included in the acquired activity information and generates the swimming style information while referring to the swimming pattern table 50. The acceleration data or the gyro data included in the activity information is data detected by the accelerometer 17 or the gyroscope 18 in three axial directions, (see Specification para 0043, added by examiner) and is data indicating the movement such as the rotation or the movement or tilt of the wrist WR of the swimmer. The swimming pattern table 50 is a table that previously stores patterns of acceleration data or the gyro data (interpreted as a model, see Specification para 0043, added by examiner) in the axial directions, characteristics, and features for each swimming style. The swimming information generation unit 37 compares the input patterns of the acceleration data or the gyro data, the characteristics, and the features with the swimming pattern table 50, determines the swimming style of the swimmer, and generates swimming style information.”; (para 0086 – “The movement velocity is vector information including information items of a movement direction and a movement speed.”).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 5: Yamada/Matsuda combination discloses the method according to Claim 4.
Yamada further discloses:
“wherein correcting the swimming trajectory according to the positioning data includes: updating the swimming acceleration-to-speed model according to the positioning data to obtain an updated swimming acceleration-to-speed model” (para 0037 – “Since the performance monitoring program according to this application example updates the information stored, even in the case in which the location of the target has changed, it is possible to make the location of the target changed be reflected in the information. Further, since the performance monitoring program according to this application example performs a notification using the information thus updated, it is possible to make a notification of the information of the relative position based on the correct location of the target”); and
“correcting the swimming trajectory according to the updated swimming acceleration-to-speed model” (para 0092 – “The acceleration sensor 113 c of the user terminal 1C is an inertial sensor for detecting the acceleration in each of the three axial directions intersecting with (ideally perpendicular to) each other, and then outputting a digital signal (acceleration data) corresponding to the levels and the directions of the triaxial acceleration thus detected. It should be noted that the output of the acceleration sensor 113 c can also be used for correcting the positional information (i.e. trajectory, added by examiner) included in the positioning data of the GPS sensor 110 c in the user terminal 1C.”).
Regarding Claim 6: Yamada/Matsuda combination discloses the method according to Claim 1.
Yamada further discloses:
“wherein correcting the swimming trajectory includes: determining a current swimming position of the user according to the positioning data” (para 0018 – “the information related to the relative position may include information representing presence or absence of a difference between a direction from the user toward the target and a moving direction of the user”; para 0032 – “a notification section adapted to make a notification of information related to a relative position between a user on the move and the target (i.e. current position, added by examiner) using the updated information related to the location of the target, and a positioning system adapted to generate the information related to the location of the target”); and
“performing fit-correction on the swimming trajectory according to the current swimming position” (para 0092 – “the output of the acceleration sensor 113 c can also be used for correcting the positional information included in the positioning data of the GPS sensor 110 c in the user terminal 1C”).
Regarding Claim 7: Yamada/Matsuda combination discloses the method according to Claim 6.
Yamada further discloses:
“wherein a fit-correction method includes stretching” (para 0178 – “the arm wearing the user terminal 1C is stretched to the front of the user 2 at the subsequent timing. FIG. 9 and FIG. 10 are conceptual diagrams, which show an example in which the user 2 checks the display section 170 c when the arm wearing the user terminal 1C is stretched forward, and are viewed from vertically above.”).
Yamada does not explicitly disclose:
“wherein a fit-correction method includes rotation”.
However, Matsuda discloses:
“wherein a fit-correction method includes rotation” (para 0127 – “The acceleration data or the gyro data included in the activity information is data detected by the accelerometer 17 or the gyroscope 18 in three axial directions, and is data indicating the movement such as the rotation or the movement or tilt of the wrist WR of the swimmer.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 8: Yamada/Matsuda combination discloses the method according to Claim 1.
Yamada does not explicitly disclose:
“further comprising, after determining the swimming trajectory: obtaining the positioning data in response to detecting that the second terminal is above water”.
However, Matsuda discloses:
“further comprising, after determining the swimming trajectory: obtaining the positioning data in response to detecting that the second terminal is above water” (para 0125 – “The hand position is information indicating whether the wrist WR around which the wearable device 5 is wound is positioned under the water or above the water in the measurement time.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 9: Yamada/Matsuda combination discloses the method according to Claim 1.
Yamada further discloses:
“wherein the first terminal is arranged at a head or torso of the user” (para 0085 – “It should be noted that as the display section 170 a, a head mounted display (HMD) disposed separately from the management terminal 1A can also be used”), and
“the second terminal is arranged at an arm of the user” (para 0178 – “the user 2 checks the display section 170 c when the arm wearing the user terminal 1C is stretched forward, and are viewed from vertically above”).
Regarding Claim 10: Yamada/Matsuda combination discloses the method according to Claim 1.
Yamada further discloses:
“An outdoor swimming trajectory determination apparatus comprising: one or more processors” (para 0081 – “The processing section 120 a (a processor) of the management terminal 1A is formed of, for example, a micro processing unit (MPU), a digital signal processor (DSP), or an application specific integrated circuit (ASIC). The processing section 120 a performs a variety of processes in accordance with programs stored in the storage section 130 a and instructions input from the operation section 150 a”); and
“one or more memories connected to the one or more processors and storing one or more computer programs that, when executed by the one or more processors, cause the one or more processors to perform the method of claim 1” (para 0082 – “The storage section 130 a of the management terminal 1A is formed of, for example, one or more integrated circuit (IC) memories, and includes a read only memory (ROM) storing data such as the programs, and a random access memory (RAM) functioning as a working area of the processing section 120 a. ”).
Regarding Claim 11: Yamada/Matsuda combination discloses the method according to Claim 10.
Yamada further discloses:
“wherein the one or more computer programs, when executed by the one or more processors, further cause the one or more processors to:” (para 0082 – “The storage section 130 a of the management terminal 1A is formed of, for example, one or more integrated circuit (IC) memories, and includes a read only memory (ROM) storing data such as the programs, and a random access memory (RAM) functioning as a working area of the processing section 120 a”; para 0036 – “A performance monitoring program according to this application example makes a computer perform the steps of storing information related to a location of a target on the move, updating the information related to the location of the target stored, and making a notification of information related to a relative position between a user on the move and the target using the updated information related to the location of the target.”).
Yamada does not explicitly disclose:
“determine a swimming speed according to the swimming acceleration; and determine the swimming trajectory according to the swimming speed and the swimming direction”.
However, Matsuda discloses:
“determine a swimming speed according to the swimming acceleration” (para 0020 – “It is possible to measure the activity information with an acceleration and an angular velocity of the swimmer by using the sensors included in the activity sensor.”; para 0086 – “The movement velocity is vector information including information items of a movement direction and a movement speed… The movement velocity and a movement distance (interpreted as the constituents of the trajectory, added by examiner) … may be calculated from the information items of the latitude and the longitude in the positioning time”); and
“determine the swimming trajectory according to the swimming speed and the swimming direction” (para 0086 – “The movement velocity is vector information including information items of a movement direction and a movement speed.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 12: Yamada/Matsuda combination discloses the method according to Claim 11.
Yamada further discloses:
“wherein the one or more processors are further configured to” (para 0081 – “The processing section 120 a (a processor) of the management terminal 1A is formed of, for example, a micro processing unit (MPU), a digital signal processor (DSP), or an application specific integrated circuit (ASIC). The processing section 120 a performs a variety of processes in accordance with programs stored in the storage section 130 a and instructions input from the operation section 150 a”).
Yamada does not explicitly disclose:
“obtain a timestamp of a system implementing the method; and align the swimming speed and the swimming direction according to the timestamp; determine a swimming position of the user according to the swimming speed and the swimming direction that are aligned; and determine the swimming trajectory of the user according to the swimming position”.
However, Matsuda discloses:
“obtain a timestamp of a system implementing the method; and align the swimming speed and the swimming direction according to the timestamp” (para 0049 – “A wearable device according to this application example includes a timepiece that measures a time and outputs time information, a positional sensor that measures positional information of a swimmer, (i.e. positioning information, added by examiner) an activity sensor that measures activity information of the swimmer, a processing unit that generates swimming information (i.e. swimming speed and direction, added by examiner) related to swimming of the swimmer based on the activity information and generates transmission information acquired by associating the swimming information and the positional information with the time information (i.e. aligning, added by examiner)”);
“determine a swimming position of the user according to the swimming speed and the swimming direction that are aligned“ (para 0086 – “The positional information P includes information items such as a latitude, a longitude, an altitude, a movement velocity, and a positioning time. The positioning time is a time when the latitude, the longitude, and the altitude are measured. The movement velocity is vector information including information items of a movement direction and a movement speed. The information items of the latitude and the longitude in the positioning time are equivalent to a current position. … The movement velocity and a movement distance (interpreted as the constituents of the trajectory, added by examiner) … may be calculated from the information items of the latitude and the longitude in the positioning time””; and
“determine the swimming trajectory of the user according to the swimming position” (para 0086 – “The positional information P includes information items such as a latitude, a longitude, an altitude, a movement velocity, and a positioning time. The positioning time is a time when the latitude, the longitude, and the altitude are measured. The movement velocity is vector information including information items of a movement direction and a movement speed. The information items of the latitude and the longitude in the positioning time are equivalent to a current position”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 13: Yamada/Matsuda combination discloses the method according to Claim 11.
Yamada further discloses:
“wherein the one or more processors are further configured to” (para 0081 – “The processing section 120 a (a processor) of the management terminal 1A is formed of, for example, a micro processing unit (MPU), a digital signal processor (DSP), or an application specific integrated circuit (ASIC). The processing section 120 a performs a variety of processes in accordance with programs stored in the storage section 130 a and instructions input from the operation section 150 a”).
Yamada does not explicitly disclose:
“obtain a pre-constructed swimming acceleration-to-speed model; and determine the swimming speed according to the swimming acceleration and the swimming acceleration-to-speed model”.
However, Matsuda discloses:
“obtain a pre-constructed swimming acceleration-to-speed model; and determine the swimming speed according to the swimming acceleration and the swimming acceleration-to-speed model” (para 0127 – “The swimming information generation unit 37 determines the swimming style from tendency of the gyro data or the acceleration data included in the acquired activity information and generates the swimming style information while referring to the swimming pattern table 50. The acceleration data or the gyro data included in the activity information is data detected by the accelerometer 17 or the gyroscope 18 in three axial directions, (see Specification para 0043, added by examiner) and is data indicating the movement such as the rotation or the movement or tilt of the wrist WR of the swimmer. The swimming pattern table 50 is a table that previously stores patterns of acceleration data or the gyro data (interpreted as a model, see Specification para 0043, added by examiner) in the axial directions, characteristics, and features for each swimming style. The swimming information generation unit 37 compares the input patterns of the acceleration data or the gyro data, the characteristics, and the features with the swimming pattern table 50, determines the swimming style of the swimmer, and generates swimming style information.”; (para 0086 – “The movement velocity is vector information including information items of a movement direction and a movement speed.”).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 14: Yamada/Matsuda combination discloses the method according to Claim 13.
Yamada further discloses:
“wherein the one or more processors are further configured to” (para 0081 – “The processing section 120 a (a processor) of the management terminal 1A is formed of, for example, a micro processing unit (MPU), a digital signal processor (DSP), or an application specific integrated circuit (ASIC). The processing section 120 a performs a variety of processes in accordance with programs stored in the storage section 130 a and instructions input from the operation section 150 a”):
“update the swimming acceleration-to-speed model according to the positioning data to obtain an updated swimming acceleration-to-speed model” (para 0037 – “Since the performance monitoring program according to this application example updates the information stored, even in the case in which the location of the target has changed, it is possible to make the location of the target changed be reflected in the information. Further, since the performance monitoring program according to this application example performs a notification using the information thus updated, it is possible to make a notification of the information of the relative position based on the correct location of the target”); and
“correct the swimming trajectory according to the updated swimming acceleration-to-speed model” (para 0092 – “The acceleration sensor 113 c of the user terminal 1C is an inertial sensor for detecting the acceleration in each of the three axial directions intersecting with (ideally perpendicular to) each other, and then outputting a digital signal (acceleration data) corresponding to the levels and the directions of the triaxial acceleration thus detected. It should be noted that the output of the acceleration sensor 113 c can also be used for correcting the positional information (i.e. trajectory, added by examiner) included in the positioning data of the GPS sensor 110 c in the user terminal 1C.”).
Regarding Claim 15: Yamada/Matsuda combination discloses the method according to Claim 10.
Yamada further discloses:
“wherein the one or more processors are further configured to” (para 0081 – “The processing section 120 a (a processor) of the management terminal 1A is formed of, for example, a micro processing unit (MPU), a digital signal processor (DSP), or an application specific integrated circuit (ASIC). The processing section 120 a performs a variety of processes in accordance with programs stored in the storage section 130 a and instructions input from the operation section 150 a”):
“determine a current swimming position of the user according to the positioning data” (para 0018 – “the information related to the relative position may include information representing presence or absence of a difference between a direction from the user toward the target and a moving direction of the user”; para 0032 – “a notification section adapted to make a notification of information related to a relative position between a user on the move and the target (i.e. current position, added by examiner) using the updated information related to the location of the target, and a positioning system adapted to generate the information related to the location of the target”); and
“perform fit-correction on the swimming trajectory according to the current swimming position” (para 0092 – “the output of the acceleration sensor 113 c can also be used for correcting the positional information included in the positioning data of the GPS sensor 110 c in the user terminal 1C”).
Regarding Claim 16: Yamada/Matsuda combination discloses the method according to Claim 15.
Yamada further discloses:
“wherein a fit-correction method includes stretching” (para 0178 – “the arm wearing the user terminal 1C is stretched to the front of the user 2 at the subsequent timing. FIG. 9 and FIG. 10 are conceptual diagrams, which show an example in which the user 2 checks the display section 170 c when the arm wearing the user terminal 1C is stretched forward, and are viewed from vertically above.”).
Yamada does not explicitly disclose:
“wherein a fit-correction method includes rotation”.
However, Matsuda discloses:
“wherein a fit-correction method includes rotation” (para 0127 – “The acceleration data or the gyro data included in the activity information is data detected by the accelerometer 17 or the gyroscope 18 in three axial directions, and is data indicating the movement such as the rotation or the movement or tilt of the wrist WR of the swimmer.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 17: Yamada/Matsuda combination discloses the method according to Claim 10.
Yamada further discloses:
“wherein the one or more processors are further configured to” (para 0081 – “The processing section 120 a (a processor) of the management terminal 1A is formed of, for example, a micro processing unit (MPU), a digital signal processor (DSP), or an application specific integrated circuit (ASIC). The processing section 120 a performs a variety of processes in accordance with programs stored in the storage section 130 a and instructions input from the operation section 150 a”):
Yamada does not explicitly disclose:
“obtain the positioning data in response to detecting that the second terminal is above water”.
However, Matsuda discloses:
“obtain the positioning data in response to detecting that the second terminal is above water” (para 0125 – “The hand position is information indicating whether the wrist WR around which the wearable device 5 is wound is positioned under the water or above the water in the measurement time.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 18: Yamada/Matsuda combination discloses the method according to Claim 1.
Yamada further discloses:
“A non-transitory computer-readable storage medium storing one or more computer programs that, when executed by one or more processors, cause the one or more processors to perform the method of claim 1:” (para 0082 – “The storage section 130 a of the management terminal 1A is formed of, for example, one or more integrated circuit (IC) memories, and includes a read only memory (ROM) storing data such as the programs,(i.e. non-transitory computer-readable storage medium storing one or more computer programs, added by examiner) and a random access memory (RAM) functioning as a working area of the processing section 120 a”; para 0081 – “The processing section 120 a (a processor) of the management terminal 1A is formed of, for example, a micro processing unit (MPU), a digital signal processor (DSP), or an application specific integrated circuit (ASIC). The processing section 120 a performs a variety of processes in accordance with programs stored in the storage section 130 a and instructions input from the operation section 150 a””).
Regarding Claim 19: Yamada discloses:
“An outdoor swimming trajectory determination system, comprising a first terminal and a second terminal” (para 0054 – “As shown in FIG. 1, the system according to the present embodiment includes a management terminal 1A, buoy terminals 1B (each an example of a positioning system), and user terminals 1C (each an example of a performance monitoring device)”), wherein:
“the first terminal and the second terminal are configured to be communicatively connected to each other” (para 0059 – “In the system described hereinabove, at least the management terminal 1A and the buoy terminals 1B can wirelessly communicate with each other, and the management terminal 1A and the user terminals 1C can wirelessly communicate with each other. ”);
“the first terminal is configured to collect a swimming direction of a user and send the swimming direction to the second terminal” (para 0064 – “the user terminal 1C starts the process of a swim navigation described later, and then starts guiding the user 2 in a direction toward the first corner (the first buoy BY-1)”; para 0062 – “The user 2 inputs a start instruction to the user terminal 1C via an operation section 150 c of the user terminal 1C before reaching the start point S of the swim event. Thus, the reception of course information (i.e. direction, added by examiner) (described later) transmitted from the management terminal 1A to the user terminal 1C becomes possible”);
“the second terminal is configured to collect a swimming acceleration of the user” (para 0088 – “The user terminal 1C is configured including a GPS sensor 110 c (an example of a positioning section), a geomagnetic sensor 111 c, an atmospheric pressure sensor 112 c, an acceleration sensor 113 c”; para 0092 – “para 0092 – “The acceleration sensor 113 c of the user terminal 1C is an inertial sensor for detecting the acceleration in each of the three axial directions intersecting with (ideally perpendicular to) each other, and then outputting a digital signal (acceleration data) corresponding to the levels and the directions of the triaxial acceleration thus detected”; para 0054 – “As shown in FIG. 1, the system according to the present embodiment includes a management terminal 1A, buoy terminals 1B (each an example of a positioning system), and user terminals 1C (i.e. there can be multiple user terminals, first terminal, second, etc., added by examiner )”);
(para 0092 – “It should be noted that the output of the acceleration sensor 113 c can also be used for correcting the positional information included in the positioning data of the GPS sensor 110 c in the user terminal 1C”).
“the second terminal is further configured to collect positioning data and correct the swimming trajectory according to the positioning data” (para 0083 – “The operation section 150 a of the management terminal 1A is constituted by… an action detection function (using an acceleration sensor or the like not shown); para 0092 – “It should be noted that the output of the acceleration sensor 113 c can also be used for correcting the positional information included in the positioning data of the GPS sensor 110 c in the user terminal 1C”).
Yamada discloses the terminal determining the swimming acceleration: para 0083 – “The operation section 150 a of the management terminal 1A is constituted by… an action detection function (using an acceleration sensor or the like not shown)”.
Yamada does not explicitly disclose:
“determine a swimming trajectory of the user according to the swimming acceleration and the swimming direction”.
However, Matsuda discloses:
“determine a swimming trajectory of the user according to the swimming acceleration and the swimming direction” (para 0093 – “The accelerometer 17 detects the movement of the swimmer in three axial directions, (i.e. determining the swimming trajectory according to direction, added by examiner) performs amplification, waveform shaping, and A/D conversion on the detected acceleration signals (i.e. swimming acceleration, added by examiner) … and outputs the converted acceleration data as the activity information to the swimming information generation unit 37 (processing unit 30)”; para 0155 – “the device information acquisition unit 71 acquires the positional information P including information of a movement direction”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Regarding Claim 20: Yamada discloses:
“An outdoor swimming trajectory determination system, comprising a first terminal and a second terminal” (para 0054 – “As shown in FIG. 1, the system according to the present embodiment includes a management terminal 1A, buoy terminals 1B (each an example of a positioning system), and user terminals 1C (each an example of a performance monitoring device)”), wherein:
“the first terminal and the second terminal are configured to be communicatively connected to each other” (para 0059 – “In the system described hereinabove, at least the management terminal 1A and the buoy terminals 1B can wirelessly communicate with each other, and the management terminal 1A and the user terminals 1C can wirelessly communicate with each other”);
“the first terminal is configured to collect a swimming direction” (para 0064 – “the user terminal 1C starts the process of a swim navigation described later, and then starts guiding the user 2 in a direction toward the first corner (the first buoy BY-1)” and
“a swimming acceleration of a user” (para 0088 – “The user terminal 1C is configured including a GPS sensor 110 c (an example of a positioning section), a geomagnetic sensor 111 c, an atmospheric pressure sensor 112 c, an acceleration sensor 113 c”; para 0092 – “para 0092 – “The acceleration sensor 113 c of the user terminal 1C is an inertial sensor for detecting the acceleration in each of the three axial directions intersecting with (ideally perpendicular to) each other, and then outputting a digital signal (acceleration data) corresponding to the levels and the directions of the triaxial acceleration thus detected”);
“the second terminal is configured to collect positioning data and send the positioning data to the first terminal” (para 0083 – “The operation section 150 a of the management terminal 1A is constituted by… an action detection function (using an acceleration sensor or the like not shown); para 0140 – “In the delivery process (S11), the processing section 120 a of the management terminal 1A transmits (delivers) the latest course information toward the plurality of user terminals 1C with a predetermined format.”); and
“the first terminal is further configured to correct the swimming trajectory according to the positioning data” (para 0092 – “It should be noted that the output of the acceleration sensor 113 c can also be used for correcting the positional information included in the positioning data of the GPS sensor 110 c in the user terminal 1C”).
Yamada discloses the terminal determining the swimming acceleration: para 0083 – “The operation section 150 a of the management terminal 1A is constituted by… an action detection function (using an acceleration sensor or the like not shown)”.
Yamada does not explicitly disclose:
“determine a swimming trajectory of the user according to the swimming acceleration and the swimming direction”.
However, Matsuda discloses:
“determine a swimming trajectory of the user according to the swimming acceleration and the swimming direction” (para 0093 – “The accelerometer 17 detects the movement of the swimmer in three axial directions, (i.e. determining the swimming trajectory according to direction, added by examiner) performs amplification, waveform shaping, and A/D conversion on the detected acceleration signals (i.e. swimming acceleration, added by examiner) … and outputs the converted acceleration data as the activity information to the swimming information generation unit 37 (processing unit 30)”; para 0155 – “the device information acquisition unit 71 acquires the positional information P including information of a movement direction”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outdoor swimming trajectory determination method, disclosed by Yamada, as taught by Matsuda, in order to determine the swimmer’s trajectory with higher accuracy.
Conclusion
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
US20180117415 to Miyasaka et al. (hereinafter Miyasaka) discloses electronic apparatus, program, method, system, and recording medium that output a difference between a left and right stroke of a swimmer.
US20180056123 Rao et al. (hereinafter Rao) discloses systems and methods of swimming analysis.
US20180249908 to Anthony et al. (hereinafter Anthony) discloses multi-state performance monitoring system.
US-20190269968-A1 to Eisenhardt et al. (hereinafter Eisenhardt) discloses methods and systems for swimming performance analysis.
US20220241641A1 to Mermel et al. (hereinafter Mermel) discloses systems and methods of swimming analysis.
US6999779B1 to Hashimoto (hereinafter Hashimoto) discloses position information management system.
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/LYUDMILA ZAYKOVA-FELDMAN/Examiner, Art Unit 2857
/LINA CORDERO/Primary Examiner, Art Unit 2857
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