DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim(s) 2-16 is/are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Alonso (US PGPub. 2010/0283630). Alonso describes the same invention as claimed, including:
Regarding claim 2, A system for monitoring a plurality of individuals engaged in an athletic activity, the system comprising: a base station (para. 14: “At least one base receiving module may wirelessly receive the telemetry data obtained from the telemetry modules and forwards the collected data to a base computer system.”); a plurality of individual monitors (telemetry module) configured to communicate wirelessly with the base station, each of the plurality of individual monitors coupled to and configured to monitor one of the plurality of individuals in real time (para. 11: “The systems and methods may include fixing sensor modules and telemetry modules on sports participants, apparel or their sports equipment and in sports and field objects.”); a first group monitoring device configured to communicate wirelessly with the base station (para. 14: “Base receiving modules may forward to the base computer the Sports RTLS/RTSS RF performance metrics data via a wired or wireless network or through a direct wired connection. The base computer system may be programmed and configured for receiving, storing, processing, and exporting processed data over a network, for example, to reach end users.”), wherein the first group monitoring device monitors a first group of the plurality of individuals and comprises a display configured to display real time information about the first group (for example Fig. 6, first group is Philadelphia for purposes of this rejection, see “Player Telemetry & Stats” section), and wherein the real time information comprises data sensed by individual monitors coupled to the plurality of individuals in the first group (para. 36: “FIG. 6 is an alternative representation of a contemporaneous Internet based sports event status display indicating an area for presentation of video output in Real-time in accordance with one embodiment of the present invention;” and para. 49: “The acquired real-time performance metrics, data and statistics received by the base computer system can be used instantly in real-time for sideline evaluation and analysis by further transmitting the processed data to end user devices. The end user devices may include computers (fixed or portable), tablets, PDAs, mobile technologies, etc. The processing by the base computer system may produce superimposed and/or integrated telemetry data onto the live video broadcast, or incorporated into instant replays of the live game, practice, training and sporting event. Also, the telemetry data processed by the base computer may be used as sports statistics, as metrics in the context of Fantasy Sports; may be directly transmitted to fans at the stadium or homes, websites, computers, PDAs, and other mobile technologies; or may be exported and used by electronic video sports games to replay and simulate player game performances. The end user devices may be configured to continuously track the location, on the playing field 10, of each source, to receive data from measuring devices, and to associate the data with the originating source.”); and a second group monitoring device configured to communicate wirelessly with the base station (the group monitoring device associated with the opposing team, for example Dallas in the Figure 5 example or Arizona in the Figure 6 example), wherein the second group monitoring device monitors a second group (Dallas, Arizona) of the plurality of individuals different than the first group and comprises a display configured to display real time information about the second group, and wherein the real time information comprises data sensed by individual monitors coupled to the plurality of individuals in the second group (Fig. 5, Fig. 6).
Regarding claim 3, wherein the real time information about the first group and the real time information about the second group comprises the same information displayed in different formats (for example, player position displayed as X or O, see Fig. 6).
Regarding claim 4, wherein at least one of the plurality of individuals is in the both the first group and the second group (para. 9: “The present invention solves the problems in the prior art by enabling the real-time acquisition, recording, transmittal, and processing of actual game, practice, training and/or sporting event sports performance metrics, tracking, location, speed, impact and data from sports players, field and sports objects (balls, bats, equipment, etc.), game officials (referees) and the "Field of Play" using, for example, RTLS/RTSS telemetry with RF technology and video technology, which may be used to superimpose acquired performance metrics and data on video, for example.”, a referee is an individual in both the first group and the second group).
Regarding claim 5, wherein the first group monitoring device comprises a user input that allows a user to select displaying the real time information about the first group or displaying the real time information about the second group, and wherein the second group monitoring device comprises a user input that allows a user to select displaying the real time information about the second group or displaying the real time information about the first group (para. 60: “The Sports RTLS/RTSS RF Telemetry and base computer system of the present invention can be programmed and configured to receive the stream of performance metrics, data and statistics to transmit and store the data retaining periodic time stamps and identify RF tags. The base computer can be further programmed and configured to sort and present the data according selected mode and criteria. For example, the computer may be adapted to display a series of location data points, for each source, indicating the progressive movement (tracking) of each source, by a colored line on the display thereby graphically tracking movement, speed and other metrics. In this manner, the course of movement of each individual participant and/or a game object (ball) may be graphically displayed. Turning to the example of football, the method of the present invention may display the course of action in a particular football play, as a visual aid for teams, coaching or players, and for Fantasy Sports, Websites, electronic video displays, and Fans, sports analysts, sports, commercial and entertainment uses. Fantasy Sports team owners and others a unique perspective from different angles with insightful, unique and invaluable information. Images may be employed to display a three dimensional dynamic view of players on a playing field. The data may also be utilized to form profiles of particular players, for leagues, teams, coaching, Fantasy Sports, electronic video games, websites, mobile devices, etc.”).
Regarding claim 6, wherein the first group monitoring device comprises a user input that allows a user to select a first user-defined report on the display of the first group monitoring device, the first user-defined report comprising a performance update for the plurality of individuals in the first group (Fig. 5, scroll bar on top allowing user to select various games).
Regarding claim 7, the second group monitoring device comprises a user input that allows a user to select a second user-defined report on the display of the second group monitoring device, the second user-defined report comprising a performance update for the plurality of individuals in the second group (Fig. 5, scroll bar on top allowing user to select various games).
Regarding claim 8, wherein the first group monitoring device comprises a user input that allows a user to select display of a first set of metrics for the plurality of individuals in the first group on the display of the first group monitoring device, the first set of metrics determined based on the data sensed by the individual monitors coupled to the plurality of individuals in the first group (Fig. 5, 6 “Figs. 8-12” area).
Regarding claim 9, wherein the second group monitoring device comprises a user input that allows a user to select display of a second set of metrics for the plurality of individuals in the second group on the display of the second group monitoring device, the second set of metrics determined based on the data sensed by the individual monitors coupled to the plurality of individuals in the second group (Fig. 5, 6 “Figs. 8-12” area).
Regarding claim 10, wherein the first set of metrics and the second set of metrics comprise at least one different metric (any one of Figs. 8-12).
Regarding claim 11, wherein the first set of metrics is displayed in a first format and the second set of metrics is displayed in a second format different than the first format (para. 67: “Stored and/or exported data may be presented in visual, report or chart form, as depicted in FIG. 4, which combines conventional football game performance metrics, data and statistics with data provided by the method of the present invention. The exemplary displayed data is selected from one source, namely an individual participant named Fred Alloy. The rows each represent statistics and data collected during a particular week. The columns extending from left to right report conventional passing statistics and the far left columns display data that may be collected by the application of the method of the present invention. In the exemplary embodiment, the column labeled ABS reports the average speed of the ball, taken from the series of location data points identified for the ball, during actual play. The column labeled ABR reflects ball rotation derived from output of the gyro sensor 70. The column labeled APE reports pass elevation. In addition, new columns may be created to show actual speed, burst, impact and other metrics. The column labeled ABA reports average ball angle, BPM reports participant's heart rate, and TEMP reports body temperature. Stored and/or exported data may also be presented in visual or report form.”).
Regarding claim 12, wherein the first set of metrics and the second set of metrics each comprise one or more metrics selected from the group consisting of: heart rate, speed, distance traveled, acceleration, location, orientation, heading, energy expenditure, power output, and performance effectiveness (Fig. 6, “player telemetry & stats”).
Regarding claim 13, wherein the first group monitoring device comprises a user input that allows a user to select display of a first alert for the plurality of individuals in the first group on the display of the first group monitoring device, and wherein the first alert triggers when a condition of the first alert is met for at least one of the plurality of individuals in the first group (Fig. 6 “Philadelphia Drive Summaries, Result column” a Field goal is an example of a first alert).
Regarding claim 14, wherein the second group monitoring device comprises a user input that allows a user to select display of a second alert for the plurality of individuals in the second group on the display of the second group monitoring device, and wherein the second alert triggers when a condition of the second alert is met for at least one of the plurality of individuals in the second group (Fig. 6 “Arizona Drive Summaries, Result column” a Touchdown is an example of a second alert).
Regarding claim 15, wherein the condition of the first alert is different than the condition of the second alert (field goal vs touchdown have different criteria for detection, e.g. ball passing through the goalpost vs. ball entering the endzone).
Regarding claim 16, wherein the first group monitoring device comprises a user input that allows a user to customize the format in which the real time information about the first group is displayed on the display (para. 67: “Stored and/or exported data may be presented in visual, report or chart form, as depicted in FIG. 4”).
Claim(s) 17-20 is/are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Alonso (US PGPub. 2010/0283630). Alonso describes the same invention as claimed, including:
Regarding claim 17, A method for monitoring a plurality of individuals engaged in an athletic activity, the method comprising: receiving, at a first group monitoring device (base computer) and during the athletic activity (para. 14: “Base receiving modules may forward to the base computer the Sports RTLS/RTSS RF performance metrics data via a wired or wireless network or through a direct wired connection. The base computer system may be programmed and configured for receiving, storing, processing, and exporting processed data over a network, for example, to reach end users.”), real time information about a first group of the plurality of individuals, the real time information comprising real time data sensed by a plurality of individual monitors (para. 49: “The acquired real-time performance metrics, data and statistics received by the base computer system can be used instantly in real-time for sideline evaluation and analysis by further transmitting the processed data to end user devices. The end user devices may include computers (fixed or portable), tablets, PDAs, mobile technologies, etc. The processing by the base computer system may produce superimposed and/or integrated telemetry data onto the live video broadcast, or incorporated into instant replays of the live game, practice, training and sporting event. Also, the telemetry data processed by the base computer may be used as sports statistics, as metrics in the context of Fantasy Sports; may be directly transmitted to fans at the stadium or homes, websites, computers, PDAs, and other mobile technologies; or may be exported and used by electronic video sports games to replay and simulate player game performances. The end user devices may be configured to continuously track the location, on the playing field 10, of each source, to receive data from measuring devices, and to associate the data with the originating source.”), each individual monitor coupled to one of the plurality of individuals in the first group (para. 11: “The systems and methods may include fixing sensor modules and telemetry modules on sports participants, apparel or their sports equipment and in sports and field objects.”; for example Fig. 6, first group is Philadelphia for purposes of this rejection, see “Player Telemetry & Stats” section); receiving, at a second group monitoring device (end user device) and during the athletic activity, real time information about a second group of the plurality of individuals different than the first group (for example Fig. 6, second group is Arizona for purposes of this rejection, see “Player Telemetry & Stats” section), the real time data comprising data sensed by a plurality of individual monitors, each individual monitor coupled to one of the plurality of individuals in the second group (para. 11: “The systems and methods may include fixing sensor modules and telemetry modules on sports participants, apparel or their sports equipment and in sports and field objects.”); displaying, on the first group monitoring device, the real time information about the first group (Fig. 5, 6); and displaying, on the second group monitoring device, the real time information about the second group (Fig. 5, 6).
Regarding claim 18, wherein the real time information about the first group comprises a first set of metrics for the plurality of individuals in the first group, the first set of metrics determined based on the real time data received from the individual monitors coupled to the plurality of individuals in the first group (Fig. 5, 6 “Figs. 8-12” area), and wherein the real time information about the second group comprises a second set of metrics for the plurality of individuals in the second group, the second set of metrics determined based on the real time data received from the individual monitors coupled to the plurality of individuals in the second group (Fig. 5, 6 “Figs. 8-12” area).
Regarding claim 19, wherein the first set of metrics and the second set of metrics comprise at least one different metric (any one of Figs. 8-12).
Regarding claim 20, wherein the first set of metrics is displayed in a first format and the second set of metrics is displayed in a second format different than the first format (para. 67: “Stored and/or exported data may be presented in visual, report or chart form, as depicted in FIG. 4, which combines conventional football game performance metrics, data and statistics with data provided by the method of the present invention. The exemplary displayed data is selected from one source, namely an individual participant named Fred Alloy. The rows each represent statistics and data collected during a particular week. The columns extending from left to right report conventional passing statistics and the far left columns display data that may be collected by the application of the method of the present invention. In the exemplary embodiment, the column labeled ABS reports the average speed of the ball, taken from the series of location data points identified for the ball, during actual play. The column labeled ABR reflects ball rotation derived from output of the gyro sensor 70. The column labeled APE reports pass elevation. In addition, new columns may be created to show actual speed, burst, impact and other metrics. The column labeled ABA reports average ball angle, BPM reports participant's heart rate, and TEMP reports body temperature. Stored and/or exported data may also be presented in visual or report form.”).
.
Claim(s) 21 is/are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Alonso (US PGPub. 2010/0283630). Alonso describes the same invention as claimed, including:
Regarding claim 21, A system for monitoring a plurality of individuals engaged in an athletic activity, the system comprising: a plurality of individual monitors (telemetry modules), each of the plurality of individual monitors coupled to and configured to monitor one of the plurality of individuals in real time (para. 11: “The systems and methods may include fixing sensor modules and telemetry modules on sports participants, apparel or their sports equipment and in sports and field objects.”); a first group monitoring device , wherein the first group monitoring device wirelessly monitors a first group of the plurality of individuals (para. 14: “Base receiving modules may forward to the base computer the Sports RTLS/RTSS RF performance metrics data via a wired or wireless network or through a direct wired connection. The base computer system may be programmed and configured for receiving, storing, processing, and exporting processed data over a network, for example, to reach end users.”) and comprises a display configured to display real time information about the first group (for example Fig. 6, first group is Philadelphia for purposes of this rejection, see “Player Telemetry & Stats” section), and wherein the real time information comprises data sensed by individual monitors coupled to the plurality of individuals in the first group (para. 36: “FIG. 6 is an alternative representation of a contemporaneous Internet based sports event status display indicating an area for presentation of video output in Real-time in accordance with one embodiment of the present invention;” and para. 49: “The acquired real-time performance metrics, data and statistics received by the base computer system can be used instantly in real-time for sideline evaluation and analysis by further transmitting the processed data to end user devices. The end user devices may include computers (fixed or portable), tablets, PDAs, mobile technologies, etc. The processing by the base computer system may produce superimposed and/or integrated telemetry data onto the live video broadcast, or incorporated into instant replays of the live game, practice, training and sporting event. Also, the telemetry data processed by the base computer may be used as sports statistics, as metrics in the context of Fantasy Sports; may be directly transmitted to fans at the stadium or homes, websites, computers, PDAs, and other mobile technologies; or may be exported and used by electronic video sports games to replay and simulate player game performances. The end user devices may be configured to continuously track the location, on the playing field 10, of each source, to receive data from measuring devices, and to associate the data with the originating source.”); and a second group monitoring device (end user device), wherein the second group monitoring device wirelessly monitors a second group (Dallas, Arizona) of the plurality of individuals different than the first group and comprises a display configured to display real time information about the second group, and wherein the real time information comprises data sensed by individual monitors coupled to the plurality of individuals in the second group (Fig. 5, Fig. 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 for cited art of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNDHARA M GANESAN whose telephone number is (571)272-3340. The examiner can normally be reached 9:30AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571)272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNDHARA M GANESAN/Primary Examiner, Art Unit 3784