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 .
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 1-7 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 1 recites, “calculate energy metabolism for the displacement as momentum of each body joint" The meaning of the term "energy metabolism as momentum of each body joint" is unclear. It is not clear whether applicant intends to recite “momentum of each body joint” as alternative limitation for “energy metabolism”, or “momentum of each body joint” is a mere example of “energy metabolism”. The metes, bounds and scope of protection is not defined and the claim is indefinite.
As to claim 2-7 refer to claim 1 rejection.
Claim 1, recites a functional outcome, " calculate energy metabolism for the displacement as momentum of each body joint” lines 14-15, but does not define any particular analysis steps of how the "energy metabolism " is calculated as "momentum of each body joint" and, recites “reflect momentum information in the climbing image based on the calculated momentum " lines 16-17, but does not define any particular analysis steps of how "momentum information " is reflected based on the “calculated momentum ". Thus, the scope of the claim encompasses every analysis step known now and would be known in the future for implementing the function of “calculating energy metabolism momentum of each body joint” and for implementing the function of “reflecting momentum information based on the calculated momentum" and therefore, the metes, bounds and scope of protection are not defined and the claim is indefinite. Although a claim should be interpreted in light of the specification disclosure, it is generally considered improper to read limitations contained in the specification into the claims. See In re Prater, 415 F.2d 1393, 162 USPQ 541 (CCPA 1969) and In re Winkhaus, 527 F.2d 637, 188 USPQ 129 (CCPA 1975), which discuss the premise that one cannot rely on the specification to impart limitations to the claim that are not recited in the claim and therefore, the claim is indefinite (MPEP 2173.05 (g)).
As to claims 2-7 refer to claim 1 rejection.
Claim 2, recites a functional outcome, “match the energy metabolism of the exerciser to the displacement to calculate the momentum of each body joint of the exerciser” lines 5-6, but does not define any particular analysis steps of how the function of “matching the energy metabolism of the exerciser to the displacement of each body joint of the exerciser” is performed “to calculated the momentum of each body joint of the exerciser”. Thus, the scope of the claim encompasses every analysis step known now and would be known in the future for implementing the function of “matching the energy metabolism of the exerciser to the displacement to calculate the momentum of each body joint of the exerciser” and therefore, the claim is indefinite (MPEP 2173.05 (g)).
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 (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 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 claims are rejected as best understood by the Examiner.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of SUNG KWANG JE (KR 10-2019-0094938 A) and KU JEONG HUN et al. (KR 10-2014-0133373 A).
As to claim 1 SUNG discloses a screen climbing system, comprising: a screen on which a climbing image is configured to be projected and displayed, the screen comprising an inclined surface and holds are coupled to the inclined surface formed [4D climbing system includes a screen wall 100 is a wall on which a plurality of hold 101 is attached and a screen on which the screen projected by the image projection apparatus 130 is reflected. The screen wall 100 may refer to a wall and a screen together. The wall may be a normal wall cured by pouring cement or the like, and may be in the form of a panel installed to be inclined by moving up and down while having a predetermined thickness (page 2, <Configuration>; second paragraph) and Fig. 1] ;
an image output device the configured to enlarge a climbing image and project the enlarged climbing image on the screen [The image projector 130 (output device) may be installed to project a predetermined image onto the screen wall 100 (page 3; par. 3). As shown in Fig. 1 the projector projects a magnified (enlarged) image];
a motion recognition device configured to recognize an exerciser climbing the screen according to the climbing image to calculate motion information including a position, a posture and a movement [The motion detection device 140 is a device that detects movement while directly recognizing the climber. The motion detection device 140 may be programmed to detect the motion and movement of the climber in real time (page 3, par. 4). The motion detection device 140 detects the climber and The motion detection device 140 is a device that detects movement while directly recognizing the climber creates a virtual point on the wrist and ankle, and the screen from the image projection apparatus 130 The game start screen is projected on the wall 100. When the climber starts climbing, the motion detection device 140 detects the virtual point by detecting the virtual point currently held, and specifies the next hold 101 to be held or held by the climber and displays the same on screen wall 100 with the image projector 130 (page 3, last paragraph; Page 4, par. 90];
track displacement of each body joint of the exerciser based on the motion information [In addition, the motion detection device 140 generates a virtual point on the detected climber's head, wrist and ankle (body joints), and determine where the hold 101 held by the hand and foot is held while the companion moves. The position and movement path (displacement) of the climber sensed by the motion detection device 140 and the position of the hold 101 in contact with the hand and foot ( page 3, par. 5). The motion detection device 140 is a device that detects movement while directly recognizing the climber. The motion detection device 140 may be programmed to detect the motion and movement of the climber in real time (page 3,par. 4 ), i.e., the displacement is tracked)].
Sung does not disclose
calculate energy metabolism for the displacement as momentum of each body joint;
reflect momentum information in the climbing image based on the calculated momentum;- and
transmit the momentum information to the image output device.
Ku discloses an exercising system and a method based on motion capture using user movement patterns which can be used for exercising content execution (Abstract). The user motion pattern analysis module 500 can analyze the user motion pattern acquired by the motion recognition module. The user movement pattern analyzing module 500 may analyze at least one selected from the group including the degree of symmetry of the user's body, the part requiring the motion, momentum and the amount of exercise by detecting the movement of the joint of the user. Using the result of the analysis, it is possible to set and execute the exercise contents reflecting the exercise contents (e.g. momentum or exercise information)(page 3, par. 6). As shown in Figure 3, the exercise content (e.g. momentum) is transmitted to computer 20 and displayed (image output device) (see Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to use the teachings of Ku to modify the system of SUNG by calculating energy metabolism for the displacement as momentum of each body joint; reflect momentum information in the climbing image based on the calculated momentum; and transmitting the momentum information to the image output device in order to set and execute the exercise contents reflecting the exercise contents.
As Claim 7, SUNG further discloses, the screen climbing system of claim 1, wherein the climbing image is a motion-based augmented reality (AR) game in which the exerciser is to climb the inclined surface of the screen using the holds [The present invention relates to a 4D climbing system and an operation method thereof. The system comprises: a screen wall with a screen attached to project an image on one surface of the wall on which a plurality of holds is mounted (Abstract and Fig. 1). The motion detection device 140 generates a virtual point on the detected climber's head, wrist and ankle, and determine where the hold 101 held by the hand and foot is held while the climber moves. The position and movement path of the climber sensed by the motion detection device 140 and the position of the hold 101 in contact with the hand and foot may be transmitted to the controller 180 (page 2, par. 5). The motion detection device 140 detects the climber and creates a virtual point on the wrist and ankle, and the screen from the image projection apparatus 130. The game start screen is projected on the wall 100. When the climber starts climbing, the motion detection device 140 detects the virtual point by detecting the virtual point currently held or held, and specifies the next hold 101 to be held or held by the climber (page 3, last paragraph) i.e., the climbing image is a motion-based virtual (augmented) reality game in which the exerciser climb the screen using plurality of holds)].
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record do not disclose or fairly suggest the subject matter disclosed in claims 3-6.
Claim 3-6 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMIR ANWAR AHMED whose telephone number is (571)272-7413. The examiner can normally be reached flex.
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/SAMIR A AHMED/ Primary Examiner, Art Unit 2665
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