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Information Disclosure Statement
Applicant’s submission of an Information Disclosure Statement on 12/2/2024 has been received and considered.
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, 2, 6, 11-16, 18, 20, 21, 24-32, 34, and 35 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
2019 PEG Analysis
Step 1: Are the claims directed to a statutory category (e.g., a process, machine, etc.)
Claims 34 and 35 are directed to an apparatus. Claims 1, 2, 6, 11-16, 18, 20, 21, 24-32 are directed to a process.
Step 2A (Prong 1): Does the claim recite an abstract idea, law of nature or natural phenomenon?
Yes, the claims recite an abstract idea. The following specific limitations in the claims under examination recite an abstract idea:
Receiving data from at least one limb, including time data, position/orientation data, location data, acceleration/velocity data (e.g., claims 1, 2, 6, 11-14, 18, 34, and 35)
Determining an orientation of an athlete’s limb including entry, exit, and pull (e.g., claims 1, 16, 20, 21, 34, and 35)
Generating a performance metric of the limb (e.g., claims 1, 34, and 35)
Determining that an athlete is a swimmer (e.g., see claims 15)
Determining a swim stroke (e.g., see claims 24 and 25)
Generating a graphical representation of swim data (e.g., see claims 26-32)
The above listed identified limitations fall within at least one of the groupings of abstract ideas enumerated in the 2019 PEG:
Mental Processes: concepts performed in the human mind (including on observation, evaluation, judgement, opinion).
Certain Methods of Organizing Human Activity: managing personal behavior or relationships or interactions or relationships of interaction between people (including social activities, teaching, and following rules or instructions.
The claims are primarily directed to rules for monitoring and coaching a swimmer, which can be performed by a human swim coach using mental processes of observation and evaluation. Coaching also is form of teaching, which a certain method of organizing human activities. Coaches are clearly able to identify swim data, including stroke type, laps, angle of attack, hand entry/exit points, etc. Swim coaches can estimate velocity and can perform basic graphical representation of the observed swim data.
Step 2A (Prong 2): Does the claim recite additional elements that integrate the judicial exception into a practical application?
Overall, the following additional claim limitations appear to merely implement the abstract idea, add insignificant extra-solution activity to the judicial exception, or generally link the judicial exception to a particular environment or field of use, as outlined below:
Presenting (i.e., displaying) data in the form of graphs (e.g., see at least claims 26-32, insignificant extra-solution activity);
Receiving athlete movement data (e.g., see claim 1, 34, and 35 insignificant extra-solution activity).
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
With regard to claims 1, 2, 6, 11-16, 18, 20, 21, 24-32, 34, and 35 the claims as a whole do not amount to significantly more than the exception itself. The above listed additional claim limitations display and process game data in a well-understood, routine, and conventional way. Further, the computer hardware of claim 1 (e.g., a processor system and sensor/IMU) are well-understood, routine, and conventional in the art.
In order to satisfy the Berkheimer factual determination of conventional elements in the art, U.S. Patent Application No. 2013/0204411 to Clark is cited for disclosing the use of conventional IMUs (e.g., see at least paragraph 19). Therefore, claims 1, 2, 6, 11-16, 18, 20, 21, 24-32, 34, and 35 are not patent eligible under 101. Claims 3-5, 7-10, 17, 19, 22, 23, and 33 include acquiring data or making calculations that are sufficiently complex that would not likely be performed by a human (e.g., swim coach). Therefore claims 3-5, 7-10, 17, 19, 22, 23, and 33 would be patent eligible if rewritten in base form.
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 3-5 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 3 recites that the “at least one limb is a hand”. According to various reference sources, human limbs include arms and legs (e.g., see Meriam-Webster’s definition of limb: 1b, “a leg or arm of a human being”). As best understood, human hands are the terminal part of an arm. Human hands are often referred to as distal extremities, not limbs. This issue may be addressed by stating that “at least one limb includes a hand”. Clarification is required. Claims 4 and 5 suffer from the same issue.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1-6 and 8-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2021/0220702 to Fathallah.
With regard to claim 1, Fathallah discloses a method of determining a performance metric of an athlete (e.g., see at least paragraph 1, “The present invention relates to systems and methods for formulating a performance metric of a motion of a user and in particular for applications in water sports, in particular swimming; see also Figs. 11-13), the method including the steps of, in a processing system:
receiving data from at least one limb of the athlete (e.g., see at least paragraph 49, “receiving from a wearable sensor device input data”; see also Fig. 9, “Sensor Data”, #901; see also paragraph 234 that discusses the use metric tools by “Athletes, especially elite athletes”; see also paragraph 59 that notes that device may be worn on a “limb”);
determining an orientation of the at least one limb and applying the orientation to the received data (e.g., see at least paragraphs 78-80 that disclose “receiving orientation data”; see also Fig. 9, “Angle of Attack”, #903); and
generating the performance metric of the at least one limb based on received data and orientation of the at least one limb (e.g., see Abstract, “A system for formulating a performance metric of a motion such as water sport motion”; see also Fig. 9, boxes 902, 903, and 904 that shows “Derived Data”, “Force Model” and “Force Estimate”);
[claim 2] the method includes receiving data including any one or a combination at least one of:
pressure data from the at least one limb (e.g., see at least paragraphs 27 and 62 for discussion of managing “pressure data”; see also paragraph 150, pressure sensors 201 and 202 for collecting pressure data);
acceleration data of the at least one limb (e.g., see at least paragraphs 72 and 195 that disclose the use of an accelerometer that generated acceleration data); and
time data (e.g., see at least paragraphs 181 and 182 that disclose time data; see also Figs. 17 and 19 that disclose graphic data with time on the horizonal axis);
[claim 3] wherein the at least one limb is a hand of the athlete; and wherein the pressure data includes receiving palm pressure of the hand and side pressure of the hand (e.g., see at least paragraphs 153-156 that discuss the use of multiple pressure sensors including on the “palm, dorsal, distal, proximal or either short edge of the hand near the thumb or little finger”; see also Fig. 2B that shows a pressure senor 203 on the side of a hand and Fig. 2C that shows a pressure sensor 301 on the palm of a hand);
[claim 4] wherein the method includes determining a pressure difference; and wherein the pressure difference being difference in pressure between the palm pressure and the side pressure (e.g., see at least paragraph 158 that discusses “the use of two or more pressure sensors allows the effect of hydrostatic pressure to be removed as part of calculating the performance metric by taking the differential signal of a sensor pair”);
[claim 5] wherein receiving pressure data includes receiving data from a left hand and a right hand of the athlete (e.g., see at least paragraphs 153 and 222 for discussion of left and right hands);
[claim 6] wherein determining the orientation of the athlete includes: receiving location data; and applying a rotation function to at least some of the received data to orientate the athlete in accordance with the location (e.g., see at least paragraphs 81, 83, and 84 for discussion of applying a rotation function);
[claim 8] wherein the method includes determining at least one of:
pressure in three-dimensions (e.g., see at least paragraph 178 that discusses 3D plots; see also paragraphs 27 and 62 for discussion of managing “pressure data”); and
acceleration in three-dimensions (e.g., see at least paragraph 178 that discusses 3D plots; see also paragraphs 72 and 195 that disclose the use of an accelerometer that generated acceleration data);
[claim 9] wherein determining pressure in three dimensions includes determining: forward pressure of the limb (e.g., see at least paragraphs 153-156 that discuss various directions of pressure; see also paragraphs 153-156 that discuss the use of multiple pressure sensors including on the “palm, dorsal, distal, proximal or either short edge of the hand near the thumb or little finger”; see also Fig. 2B that shows a pressure senor 203 on the side of a hand and Fig. 2C that shows a pressure sensor 301 on the palm of a hand);
lateral pressure of the limb (e.g., see at least paragraphs 153-156 that discuss various directions of pressure; see also paragraphs 153-156 that discuss the use of multiple pressure sensors including on the “palm, dorsal, distal, proximal or either short edge of the hand near the thumb or little finger”; see also Fig. 2B that shows a pressure senor 203 on the side of a hand and Fig. 2C that shows a pressure sensor 301 on the palm of a hand); and
vertical pressure of the limb (e.g., see at least paragraphs 153-156 that discuss various directions of pressure; see also paragraphs 153-156 that discuss the use of multiple pressure sensors including on the “palm, dorsal, distal, proximal or either short edge of the hand near the thumb or little finger”; see also Fig. 2B that shows a pressure senor 203 on the side of a hand and Fig. 2C that shows a pressure sensor 301 on the palm of a hand);
[claim 10] wherein determining acceleration in three dimensions includes determining: forward acceleration of the limb (e.g., see at least paragraph 38 that discloses the use of an IMU have an accelerometer, a gyroscope, and a magnetometer; which detect motion and rotations in 3D, including forward, lateral, and vertical);
lateral acceleration of the limb (e.g., see at least paragraph 38 that discloses the use of an IMU have an accelerometer, a gyroscope, and a magnetometer; which detect motion and rotations in 3D, including forward, lateral, and vertical); and
vertical acceleration of the limb (e.g., see at least paragraph 38 that discloses the use of an IMU have an accelerometer, a gyroscope, and a magnetometer; which detect motion and rotations in 3D, including forward, lateral, and vertical);
[claim 11] wherein the method includes determining velocity of the limb in at least one dimension including at least one of forward velocity, lateral velocity, and vertical velocity (e.g., see at least paragraphs 215 and 241 for discussion measuring velocity and orientation);
[claim 12] wherein the method of determining velocity includes:
determining acceleration in at least one dimension (e.g., see at least paragraph 38 that discloses the use of an IMU have an accelerometer, a gyroscope, and a magnetometer; which detect motion and rotations in 3D, including forward, lateral, and vertical); and
integrating the acceleration in at least one dimension to determine velocity in at least one dimension (e.g., see at least paragraphs 176, 210, and 211 that note that IMU 205 calculates hand velocity; it is noted that IMUs with a linear accelerometer calculate velocity by integrating linear acceleration over time);
[claim 13] wherein the method includes determining displacement of the limb in at least one dimension, including at least one of forward displacement, lateral displacement, and vertical displacement (e.g., see at least paragraph 210 that discloses data obtained from sensors includes orientation, depth, angles of attack, which are each potentially forward/lateral/vertical displacements; see also paragraph 178 that discloses stroke path shown in a 3D plot);
[claim 14] wherein determining displacement in at least one dimension includes integrating the velocity in at least one dimension (e.g., see at least paragraph 213 for disclosure of double integration of accelerometer to capture depth);
[claim 15] wherein the athlete is a swimmer (e.g., see the title of the invention that includes “MOTION OF A SWIMMER”; see also paragraph 150 that notes that the system/method is “preferably a swimmer”);
[claim 16] wherein the method includes detecting a stroke event by identifying an entry point of a hand and an exit point of the hand (e.g., see at least paragraph 168 and 187 for discussion of hand entry and exit);
[claim 17] wherein identifying the entry point and the exit point includes determining a pressure difference between pressure measured on a side of the hand and pressure measured by a palm of the hand, and a time period (e.g., see at least paragraphs 168, 187, and 210 for discussion of entry/exit points and pressure differential);
[claim 18] wherein the method includes detecting a lap event by identifying a change in forward direction (e.g., see at least paragraph 210 for discussion of measuring “swimmer direction of movement” with pressure sensors);
[claim 19] wherein identifying a change in forward direction includes determining forward pressure and a time period (e.g., see at least paragraph 210 for discussion of measuring “swimmer direction of movement” with pressure sensors);
[claim 20] wherein the method includes detecting a pull event (e.g., see at least paragraphs 168 and 187 that discloses detecting a “pull” event);
[claim 21] wherein detecting pull includes identifying at least one position within a stroke where a forward velocity is at least one of zero and about zero, indicating a transition from catch to pull (e.g., see at least paragraphs 168 and 187 that discloses transitions between stroke phases, wherein a change in direction from forward to backward to start the pull phase will include a zero velocity period);
[claim 22] wherein the method includes aggregating the stroke event, the lap event, and the pull event for a time period (e.g., see at least paragraphs 168, 170, and 174 for stroke event, lap event and pull event);
[claim 23] wherein the method includes generating a graphical representation of at least one of the stroke event, lap event and pull event for at least one period for the swimmer (e.g., see at least Fig. 15 and paragraphs 188-190 that discloses a “graphical force profile showing a summary of one of a stroke, lap, session of any period of time”);
[claim 24] wherein the method includes determining stroke type or swim style (e.g., see at least paragraph 216 that discloses “stroke type classification”);
[claim 25] wherein stroke type or swim style can include any one or a combination at least one of freestyle, backstroke, breaststroke, butterfly, and drills (e.g., see at least paragraphs 175 and 216 for discussion classifying stroke type “will be either freestyle, breaststroke, butterfly, or backstroke”)
[claim 26] wherein the method includes generating a graphical representation of at least one performance metric (e.g., see at least Figs. 15-20 for graphical representations of performance metrics);
[claim 27] wherein the athlete is a swimmer; and wherein the method includes generating at least one graphical representation including at least one:
stroke rate and force over time (e.g., see at least paragraph 170 for stroke rate, in strokes per minute of time);
force over time showing force applied by at least one limb of the athlete at a particular time period (e.g., see at least Figs. 17A, 17B, and 19B for graph of force over time; see also paragraphs 223 and 225 for disclosure of estimating and modeling force);
stroke path of the at least one limb over a time period (e.g., see at least paragraph 210 that discloses data obtained from sensors includes orientation, depth, angles of attack, which are each potentially forward/lateral/vertical displacements; see also paragraph 178 that discloses stroke path shown in a 3D plot);
velocity of the at least one limb over a time period (e.g., see at least paragraph 176 for disclosure of velocity in meters per second)
stroke path of at least two limbs for comparison over a time period e.g., see at least paragraph 210 that discloses data obtained from sensors includes orientation, depth, angles of attack, which are each potentially forward/lateral/vertical displacements; see also paragraph 178 that discloses stroke path shown in a 3D plot; paragraph 222 discloses that data for both hands are shown)
segmentation of stroke phases at a time period (e.g., see at least paragraphs 168 and 178 for discussion of stroke phases and a stroke path plot); and
angle of attack (e.g., see at least paragraphs 210, 219, and 233 for angle of attack);
[claim 28] wherein stroke rate includes strokes per minute over time (e.g., see at least paragraph 170 for stroke rate in strokes per minute);
[claim 29] wherein the graphical representation of force over time includes at least one of force per stroke, force field for a limb. and force versus time (e.g., see at least Figs. 17A, 17B, and 19A; also see paragraphs 223 and 225 for force estimate and modeling with force v. time);
[claim 30] wherein the stroke path includes depth and outsweep of the at least one limb (e.g., see at least paragraphs 170 and 178 for stroke rate and stroke path; see also paragraph 210 for discussion of depth);
[claim 31] wherein the comparison includes determining consistency between limbs in relation to at least one of movement through the water (e.g., see at least paragraph 150 for discussion of water), depth (e.g., see at least paragraph 210 for discussion of depth), and outsweep;
[claim 32] wherein segmentation of stroke phases includes generating a graphical representation showing the percentage of glide, pull, and recovery phases of a stroke (e.g., see at paragraphs 168 and 216 for stroke phase identification and Figs. 15-20 for graphical representation); and
[claim 33] wherein the angle of attack includes determining the angle of a limb at a particular point in time, and the pressure that was being exerted at that time (e.g., see at least paragraphs 210, 219, and 233 for angle of attack).
Regarding claims 34 and 35, Fathallah discloses the system and processing system for determining a performance metric of an athlete as set for above in detail for claims 1-6 and 8-33, which are similar in claim scope. Additionally, Figs. 1 and 2 of Fatahallah discloses a system 100 and an IMU/sensor 205.
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fathallah in view of U.S. Patent Application Publication No. 2020/0211412 to Redgard.
With regard to claim 7, Fathallah discloses all of the recited features but fail to disclose the use of quaternion rotation.
In the same field of endeavor, Regard teaches a sports training device that uses quaternion rotation (e.g., see at least paragraph 174 for teaching of quaternion rotation unit 620)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to modify Fathallah with the quaternion rotation unit taught by Redgard in order to use a known technique to improve similar devices (methods, or products) in the same way. In this case, using a quaternion rotation unit “established and keeps track of local frame orientation in relation to global frame” (e.g., see at least paragraph 174 of Redgard) which improves accuracy of the method/system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 12,263,376 to Huff discusses microsensors applied to athletes’ bodies in order to provide real-time feedback about swimming performance (e.g., see at Figs. 3 and 17, that show sensors on a swimmer’s limbs)
U.S. Patent Application Publication No. 2022/0241672 to Shlyonsky discusses a method of analyzing swim performance with a sensor with graphs (e.g., see at least Figs. 3A, 3B for Velocity v. Time)
U.S. Patent Application Publication No. 2021/0068713 to Dervisoglu discusses detecting swimming activities on a wearable device with various graphs (e.g., see Fig. 7)
U.S. Patent Application Publication No. 2021/0069567 to Ko discusses a limb motion measurement device for swimming training, including a glove with pressure sensors (e.g., see at least Figs. 1 and 3)
U.S. Patent Application Publication No. 2020/0269113 to Ting discusses swimming posture correction method and system including sensors 112/114 attached at or near the swimmer’s wrists (e.g., see at least paragraph 20 and Figs. 2 and 3)
U.S. Patent Application Publication No. 2019/0250057 to Rival discusses an apparatus/method for measuring force and power during swimming/paddling (e.g., see at least Fig. 1)
U.S. Patent Application Publication No. 2017/0128808 to Auvinen discusses a system for analyzing swimming technique including palm sensor 10 and graphs (e.g., see Figs. 1, 3, and 4).
U.S. Patent Application Publication No. 2010/0030482 to Li discusses a real-time swimming monitor including a wearable sensor (e.g., see Fig. 2A)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES S MCCLELLAN whose telephone number is (571)272-7167. The examiner can normally be reached Monday-Friday (8:30AM-5:00PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at 571-270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James S. McClellan/Primary Examiner, Art Unit 3715
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