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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following limitations are interpreted as invoking 35 U.S.C. 112(f) or pre-AIA U.S.C. 112, sixth paragraph:
In claim 2, line 2, “driving means”. The corresponding structure in the disclosure for performing the claimed driving is a mini vehicle (paragraph [76] and Figure 1, element 500). Therefore, the interpretation of the “driving means” is a mini vehicle.
In claim 2, line 3, “flying means”. The corresponding structure in the disclosure for performing the claimed flying is a drone (paragraph [76]). Therefore, the interpretation of the “driving means” is a drone.
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 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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20020092266 A) in view of Lee (KR 101591974 B1). Please note the paragraph and line numbers refer to the attached English translation PDFs.
Regarding claim 1, Kim discloses a hybrid golf system (Figure 2, element 100) comprising:
a screen golf module (Figure 3a, element 290) that allows a user to play golf in a virtual golf course (“three-dimensional image of the golf course”, page 3, line 32) and is provided on one side of a field (Figure 2, element 120) on which the user plays actual golf;
a simulator (Figure 2, element 200) provided in the screen golf module that implements a virtual golf simulation image according to the virtual golf course and the user's golf play (“three-dimensional image of the golf course”, page 3, line 32); and
a camera sensing system (Figure 3a-3b, element 220 and 240) including a plurality of cameras provided to detect the field.
However, Kim does not disclose: a locator that moves on the field and locates a golf ball or a marker at a user's ball point; and a controller that calculates a position on the field corresponding to a ball position on the virtual golf course of the user played through the simulator as the ball point, and transmits movement path information to the locator so that the locator moves to the ball point while detecting the position of the locator by the camera sensing system.
Furthermore Lee teaches a locator (“transport device”, Figure 1, element 10) that moves on a short game area that is formed to be similar to an actual golf course and locates a golf ball or a marker at a user's ball point (paragraph [0021]); and a controller (Figure 1, element 300) that calculates a position on the field corresponding to a ball position on the virtual golf course of the user played through the simulator as the ball point (paragraph [0027]), and transmits movement path information to the locator so that the locator moves to the ball point while detecting the position of the locator by the position recognition unit (Figure 1, element 100). Lee reveals that it is known in the art of hybrid golf systems to provide a locator that moves on the field and locates a golf ball or a marker at a user's ball point; and a controller that calculates a position on the field corresponding to a ball position on the virtual golf course of the user played through the simulator as the ball point, and transmits movement path information to the locator so that the locator moves to the ball point while detecting the position of the locator.
The combination of Kim in view of Lee includes each element claimed, with the only difference between the claimed invention and the prior art being the lack of actual combination of elements into a single prior art reference. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hybrid golf system and camera sensing system of Kim to incorporate the teachings of Lee to provide a controller that calculates a position on the field corresponding to a ball position on a virtual golf course and transmits movement path data to a locator that moves on field to that golf ball or marker location to accurately communicate that location with the camera sensing system during a hybrid golf game.
Regarding claim 2, Kim in view of Lee teaches the hybrid golf system according to claim 1, and Kim also discloses wireless transmission of location information (“wireless transmission unit”, Figure 3a, element 268) while Lee additionally teaches a system wherein the locator is configured to be implemented in the form of either a driving means that operates on the field (Figure 1, element 10) or a flying means that flies on the field, wherein the locator is configured to receive the movement path (“path”, paragraph [0027]) information in real time from the controller (Figure 1, element 300 “control unit”) and move along the movement path, wherein the locator is configured to hold a golf ball or a marker (“Marker storage unit”, Figure 1, element 500) and, when the locator reaches the ball point transmitted by the controller, put down the golf ball or marker (“ejects a marker and places it at the placement location”, paragraph [0027]).
Lee reveals that it is known in the art of hybrid golf systems to provide a locator in the form of a driving means that moves on the field and received real time movement path information from a controller, wherein the locator places a maker at a transmitted location. The combination of Kim in view of Lee includes each element claimed, with the only difference between the claimed invention and the prior art being the lack of actual combination of elements into a single prior art reference. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the wireless transmission unit of Kim to incorporate the teachings of Lee to wirelessly transmit movement information to a locator implemented in the form of a driving means configured to hold and put down a marker to effectively communicate real time movement path information with the locator to facilitate the accurate placement of markers on the field during a hybrid golf game.
Regarding claim 3, Kim in view of Lee teaches the hybrid golf system according to claim 1, and Kim additionally discloses a system wherein the camera sensing system is configured to divide the field into preset sizes (“coordinate pile” element 500, Figure 2) and each of the plurality of cameras is set to detect each of the divided regions (“coordinate division display”, page 11, line 36).
Regarding claim 4, Kim in view of Lee teaches the hybrid golf system according to claim 1, and Kim additionally discloses a system wherein the camera sensing system includes the plurality of cameras (Figure 3a-3b, element 220 and 240) and a sensing processor (Figure 3a-3b, element 260) that detects objects from images acquired by each of the plurality of cameras, but does not teach a locator. Lee additionally teaches a system that detects an object corresponding to the locator (Figure 1, element 10) by a position recognition unit (Figure 1, element 100) in communication with a control unit (Figure 1, element 300) that calculates position coordinate information of the locator on the field, and transmits the calculated position coordinate information. Lee reveals that it is known in the art of hybrid golf systems to provide a system that detects an object corresponding to the locator, calculates position coordinate information of the locator on the field, and transmits the calculated position coordinate information. The combination of Kim in view of Lee includes each element claimed, with the only difference between the claimed invention and the prior art being the lack of actual combination of elements into a single prior art reference. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the camera sensing system of Kim to incorporate the teachings of Lee to detect an object corresponding to the locator from images acquired by each of the plurality of cameras, calculate the position coordinate information of the locator on the field, and transmit the calculated position coordinate information to provide a system for accurately tracking and transmitting the movement path information of the locator in real time during a hybrid golf game.
Regarding claim 5, Kim in view of Lee teaches the hybrid golf system according to claim 1, and Kim additionally discloses a system wherein the camera sensing system is configured to analyze images acquired by each of the plurality of cameras to calculate position coordinate information of an object detected on the field (“current position coordinate calculation unit”, Figure 5, element 460) and transmit the calculated position coordinate information to the controller (Figure 3a, 3b, element 260), but does not disclose a locator, or a controller configured to calculate movement path information from the transmitted position coordinate of the locator to the position coordinate of the ball point and transmit the calculated movement path information to the locator. Lee teaches a locator (Figure1, element 10), and a controller (Figure 1, element 300) configured to calculate movement path information from the transmitted position coordinate of the locator to the position coordinate of the ball point and transmit the calculated movement path information to the locator.
Lee reveals that it is known in the art of hybrid golf systems to provide a controller that calculates the movement path of a locator from its current position to the position coordinate of the ball point then transmit that information to the locator to map the movement path in real time in response to the ball position on the field. The combination of Kim in view of Lee includes each element claimed, with the only difference between the claimed invention and the prior art being the lack of actual combination of elements into a single prior art reference. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the camera sensing system of Kim to incorporate the teachings of Lee to detect the locator from images acquired by each of the plurality of cameras and transmit this position coordinate information to the controller to calculate the movement path of a locator from its current position to the position coordinate of the ball point then transmit that movement path instruction to the locator to map the movement path pf the locator on the field in real time during a hybrid golf game.
Regarding claim 6, Kim in view of Lee teaches the hybrid golf system according to claim 1, and Lee additionally teaches a system further comprising a locator station provided on one side of the field (“home position”, paragraph [0037]), and configured to dock the locator to charge the docked locator (“The robot automatically recharges when it returns to home”, paragraph [0041]) and supply a golf ball or a marker to the locator (“if there is a shortage”, paragraph [0042]), wherein the locator is configured to place the golf ball or marker at the ball point on the field and then return to the locator station (“The transport device (10) drops markers at each location and moves to the home”, paragraph [0041]). Lee reveals that it is known in the art of hybrid golf systems to provide a locator station provided on one side of the field, and configured to dock the locator to charge the docked locator and supply a golf ball or a marker to the locator, wherein the locator is configured to place the golf ball or marker at the ball point on the field and then return to the locator station to allow the locator to charge or quickly indicate the need for manager attention. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the hybrid golf system of Kim in view of Lee to incorporate the teachings of Lee to provide a locator station provided on one side of the field, and configured to dock the locator to charge the docked locator and supply a golf ball or a marker to the locator, wherein the locator is configured to place the golf ball or marker at the ball point on the field and then return to the locator station to allow the locator to charge or quickly indicate the need for manager attention.
Regarding claim 7, Kim in view of Lee teaches the hybrid golf system according to claim 6, and Kim also discloses a camera sensing system, while Lee additionally teaches a system wherein the controller (Figure 1, element 300) is configured to calculate movement path information from the position of the locator station to the position of the ball point when the locator is docked to the locator station and transmit the information to the locator (“fastest path…moves to the home”, paragraph [0042]), and wherein the controller is configured to calculate movement path information from the position of the locator detected by the position sensor(Figure 1, element 100) to the position of the ball point when the locator is not docked to the locator station and transmit the information to the locator (“determines a path to move to a target position while avoiding the previously ejected marker detected by the obstacle sensor” paragraph [0027]). Lee reveals that it is known in the art of hybrid golf systems to provide a system wherein the controller is configured to calculate movement path information from the position of the locator station to the position of the ball point when the locator is docked to the locator station and transmit the information to the locator, and wherein the controller is configured to calculate movement path information from the position of the locator detected by the position sensor to the position of the ball point when the locator is not docked to the locator station and transmit the information to the locator to control the movement of the locator device by planning the most efficient or fastest movement path information. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the camera sensor system of Kim in view of Lee to incorporate the teachings of Lee to provide a controller that is configured to calculate movement path information from the position of the locator station to the position of the ball point when the locator is docked to the locator station and transmit the information to the locator, and wherein the controller is configured to calculate movement path information from the position of the locator detected by the camera sensing system to the position of the ball point when the locator is not docked to the locator station and transmit the information to the locator to control the movement of the locator device by planning the most efficient or fastest movement path information.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 101591974 B1) in view of Kim (KR 20020092266 A). Please note the paragraph and line numbers refer to the attached English translation PDFs.
Regarding claim 8, Lee discloses a method for positioning a golf ball or marker (“marker”, paragraph [0013]) at a ball point on a field in a hybrid golf system comprising the field (“field”, paragraph [0021]) provided so that a user can play actual golf and a screen golf module (“screen golf system”, paragraph [0022]) provided on one side of the field so that the user can play golf in a virtual golf course (“view of the golf course”, paragraph [0004]), the method comprising:
calculating a position on the field (“calculated landing position”, paragraph [0030]) corresponding to a ball position on the virtual golf course of the user played through the screen golf module as a ball point on the field (“target position…matches... drop position”, paragraph [0031]);
detecting a locator (Figure 1, element 10, paragraph) that moves on the field and carries a golf ball or marker (“marker”, paragraph [0013]) by a position recognition unit (Figure 1, element 100), calculating position information of the locator (paragraph [0021]), and calculating movement path information from the position of the locator to the ball point (Figure 1 element 300 “control unit”; “determines a path to move”, paragraph [0027]); and
transmitting the calculated movement path information to the locator so that the locator moves along the movement path and place the golf ball or marker at the ball point (Figure 1 element 300 “control unit… controls the movement”, paragraph [0027]).
Lee does not disclose detecting a locator by a camera sensing system. However, Kim teaches a camera sensing system including a plurality of cameras provided to detect the field (Figure 3a-3b, element 220 and 240). Kim reveals that it is known in the art of hybrid golf systems to provide a method of detecting objects on the golf field using a camera system to provide accurate location image data to a processor for image analysis. The combination of Lee in view of Kim includes each element claimed, with the only difference between the claimed invention and the prior art being the lack of actual combination of elements into a single prior art reference. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the method for positioning a marker on a field in a hybrid golf system of Lee to incorporate the teachings of Kim to provide a method for detecting a locator by a camera sensing system to provide accurate location image data to a processor for image analysis.
Regarding claim 9, Lee in view of Kim teaches the method according to claim 8, and Lee also discloses a system further comprising: calculating position coordinate information of the locator detected on the field by the position sensor (“coordinates”, paragraph [0037]);determining whether the position coordinate of the locator has deviated from the calculated movement path (“abnormality”, paragraph [0028]), and calculating a new movement path to the ball point from the position coordinate of the locator and transmitting the new movement path to the locator if the position coordinate of the locator has deviated from the movement path (paragraphs [0028] and [0041]; Note: after an abnormality stops the program, the locator returns home and a new movement path is calculated).
Lee does not disclose a location detected by analyzing images acquired by each camera of the camera sensing system. However, Kim teaches a camera sensing system including a plurality of cameras provided to detect the field (Figure 3a-3b, element 220 and 240). Kim reveals that it is known in the art of hybrid golf systems to provide a method of determining the location of objects on the golf field using a camera system to provide accurate location image data to a processor for image analysis. The combination of Lee in view of Kim includes each element claimed, with the only difference between the claimed invention and the prior art being the lack of actual combination of elements into a single prior art reference. It would have been obvious for one of ordinary skill in the art before the effective filing date of the instantly claimed invention to have modified the method for positioning a marker on a field in a hybrid golf system of Lee to incorporate the teachings of Kim to provide a method for detecting a locator by a camera sensing system to provide accurate location image data to a processor for image analysis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KALYN G YOUNGER whose telephone number is (571)272-0733. The examiner can normally be reached Monday-Friday 8 AM-5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.G.Y./Examiner, Art Unit 3711
/NICHOLAS J. WEISS/Supervisory Patent Examiner, Art Unit 3711
Prosecution Insights