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 .
Election/Restrictions
Applicant’s election of Invention I and Species F, is acknowledged. Election of Invention I was made with traverse and election of Species F was made without traverse. Claims 7-9 and 14-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention.
Applicant’s traversal is on the grounds that all inventions could be examined without a serious burden. This is found not persuasive because the entire application contains a number of inventions that are patentably distinct from one another and including divergent claimed subject matter that separates the inventions. Such recognized divergent subject matter separating the inventions is a burden to examination. It is further noted that in view of current amendments to claim 12, no claims are withdrawn as a result of the restriction requirement between Inventions I and II.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “protrusion 314” (see paragraph 0077 of the specification).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-6, 10-13, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub No. 2022/0269090 Zhovnirovsky et al.
To claim 1, Zhovnirovsky discloses a swim race data capture system (10) (see Figures 1-13; paras. 0037-0091), comprising:
an eye goggle (14) configured to be biased against a face of a wearer and to circumscribe an eye of the wearer (see Figures 2A-2C, reproduced below for convenience; paras. 0045-0047), wherein the eye goggle defines an inner cavity (see especially Figures 2A and 2C; paras. 0045-0047); and
a sensor system (the sensor comprises all the elements of “MIDS 12” except for “display system 58”) configured to be removably disposed within the inner cavity in a fixed position relative to the eye goggle (see Figures 2A-2C; paras. 0045-0047; at least portions of sensor system 12 are configured to be disposed within the inner cavity), wherein the sensor system comprises an inertial measurement unit (68) (paras. 0055 and 0057), and the sensor system does not include a display (the sensor comprises all the elements of “MIDS 12” except for “display system 58;” it is respectfully noted that claim 1 is a “comprising” claim and that claim 1 merely recites that the “the sensor system” does not include a display rather than, for example, that “the swim race data capture system” does not include a display).
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To claim 2, Zhovnirovsky further discloses a swim race data capture system wherein the sensor system comprises a housing, the inertial measurement unit is contained within the housing, and the housing is configured to be removably disposed within the inner cavity (see Figures 2A-2C; paras. 0037 and 0045-0047).
To claim 3, Zhovnirovsky further discloses a swim race data capture system wherein the eye goggle comprises a pocket formed in an inner surface of the eye goggle, and the housing is configured to be disposed within the pocket and retained within the pocket in the fixed position relative to the eye goggle (see Figures 2A-2C; paras. 0037 and 0045-0047; the pocket is the area within inner cavity of eye goggle 14 containing the sensor system).
To claim 4, Zhovnirovsky further discloses a swim race data capture system wherein the pocket defines a first surface contour, the housing of the sensor system defines a second surface contour, and the first surface contour and the second surface contour correspond with one another (see Figures 2A-2C; paras. 0037 and 0045-0047).
To claim 5, Zhovnirovsky further discloses a swim race data capture system wherein the eye goggle comprises a front lens portion, and, in an installed configuration of the sensor system with the eye goggle, the housing of the sensor system is offset from the front lens portion relative to a forward gaze direction of the wearer through the front lens portion (see Figures 2A-2C; para. 0047).
To claim 6, Zhovnirovsky further discloses a swim race data capture system wherein the front lens portion is generally planar and comprises an oblong geometry, and, in the installed configuration of the sensor system with the eye goggle, the housing of the sensor system is external to a projection of the oblong geometry along the forward gaze direction of the wearer through the front lens portion (see Figures 2A-2C; paras. 0045-0047).
To claim 10, Zhovnirovsky further discloses a swim race data capture system wherein the sensor system comprises a battery disposed within the housing and a memory device (52) disposed within the housing, the inertial measurement unit is communicatively coupled to the memory device, the inertial measurement unit is configured to capture data indicative of a head position of the wearer, and the memory device is configured to store the data (paras. 0048, 0055, 0057-0059).
To claim 11, Zhovnirovsky further discloses a swim race data capture system wherein the sensor system comprises communication circuity configured to wirelessly transmit the data stored on the memory device to an external device, and the inertial measurement unit comprises an accelerometer and a gyroscope (paras. 0042-0044, 0055, 0057).
To claim 12, Zhovnirovsky discloses a swim race data capture system (10) (see Figures 1-13; paras. 0037-0091), comprising:
a housing (see Figures 2A-2C, reproduced above for convenience; para. 0045);
a printed circuit board disposed within the housing (para. 0079);
an accelerometer disposed within the housing and communicatively coupled to the printed circuit board (para. 0055, 0057,0079);
a gyroscope disposed within the housing and communicatively coupled to the printed circuit board (para. 0055, 0057,0079); and
a battery disposed within the housing and configured to supply power to the accelerometer and the gyroscope (paras. 0048, 0055, 0057),
wherein the housing is configured to be retained within an inner cavity of an eye goggle in a fixed position relative to the eye goggle (see Figures 2A-2C; paras. 0037 and 0045-0047; at least portions of the housing are configured to be disposed within the inner cavity), and the swim race data capture system does not include a display configured to project light from the housing in an installed configuration of the housing within the eye goggle (paras. 0049-0050; Zhovnirovsky discloses a configuration of display 58 that is a “direct display system” which lacks either “prisms, mirrors, projectors, and so forth” of an “indirect display system” and also lacks LED lights as disclosed in para. 0051; such a direct display system can be considered to not “project light from the housing;” as such, inasmuch as currently claimed, Zhovnirovsky can properly be interpreted to read on the limitation that the “the swim race data capture system does not include a display configured to project light from the housing in an installed configuration of the housing within the eye goggle”).
To claim 13, Zhovnirovsky further discloses a swim race data capture system wherein the housing is configured to be disposed within a pocket of the inner cavity formed in a skirt portion of the eye goggle, the housing comprises an outer geometry, the skirt portion comprises an inner geometry at least partially defining the pocket, and the outer geometry and the inner geometry correspond with one another (see Figures 2A-2C; paras. 0045-0047).
To claim 17, Zhovnirovsky further discloses a swim race data capture system wherein the swim race data capture system comprises a memory device disposed within the housing, the accelerometer, the gyroscope, or both are configured to capture data indicative of a head position of a wearer of the eye goggle, and the memory device is configured to store the data (paras. 0048, 0055, 0057-0059).
To claim 18, Zhovnirovsky discloses a system (10) (see Figures 1-13; paras. 0037-0091), comprising:
an eye goggle (14) configured to be biased against a face of a wearer and to circumscribe an eye of the wearer (see Figures 2A-2C, reproduced above for convenience; paras. 0045-0047), wherein the eye goggle comprises a front lens portion and a frame portion extending from the front lens portion (see Figures 2A-2C; paras. 0045-0047), the front lens portion and the frame portion cooperatively define an inner cavity configured to be exposed to the eye of the wearer in an operational configuration of the eye goggle (see Figures 2A-2C; paras. 0045-0047); and
a sensor system (the sensor comprises all the elements of “MIDS 12” except for “display system 58”) configured to be removably disposed within the inner cavity (see Figures 2A-2C; paras. 0037 and 0045-0047; at least portions of the sensor system are configured to be disposed within the inner cavity), wherein the sensor system comprises:
a housing configured to be coupled to the eye goggle within the inner cavity in a fixed position relative to the eye goggle (see Figures 2A-2C; para. 0045);
an inertial measurement unit (68) disposed within the housing (paras. 0055, 0057); and
a memory device (52) disposed within the housing and communicatively coupled to the inertial measurement unit (paras. 0048, 0055, 0057),
wherein the sensor system does not include a display disposed within the housing and configured to project light from the housing in the operational configuration of the eye goggle (the sensor comprises all the elements of “MIDS 12” except for “display system 58;” it is respectfully noted that claim 18 is a “comprising” claim and that claim 18 merely recites that the “the sensor system” does not include a display rather than, for example, that “the system” does not include a display; in the interest of promoting compact prosecution, it is further respectfully noted that if claim 18 were to be amended to recite the limitation that “the system does not include a display,” that such a limitation may result in a rejection under 35 USC 112(b) for indefiniteness because it would be unclear whether it referred to “the system” recited in the preamble of claim 18 or “the sensor system” recited in the body of claim 18).
To claim 19, Zhovnirovsky further discloses a system wherein the frame portion comprises a pocket formed therein, wherein the pocket extends from the inner cavity, and the housing is configured to be retained within the pocket (see Figures 2A-2C; paras. 0037 and 0045-0047; the pocket is the area within inner cavity of eye goggle 14 containing the sensor system).
To claim 20, Zhovnirovsky further discloses a system wherein the inertial measurement unit comprises an accelerometer and a gyroscope (paras. 0055, 0057).
ALTERNTE REJECTION: Claims 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub No. 2022/0269090 Zhovnirovsky et al. (it is noted for clarity that this ALTERNATE REJECTION of claims 18-20 is based on an alternate interpretation of the limitation in claim 18 that the system “does not include a display” compared to the rejection of claim 18 under 35 USC 102 over Zhovnirovsky, detailed above).
To claim 18, Zhovnirovsky discloses a system (10) (see Figures 1-13; paras. 0037-0091), comprising:
an eye goggle (14) configured to be biased against a face of a wearer and to circumscribe an eye of the wearer (see Figures 2A-2C, reproduced above for convenience; paras. 0045-0047), wherein the eye goggle comprises a front lens portion and a frame portion extending from the front lens portion (see Figures 2A-2C; paras. 0045-0047), the front lens portion and the frame portion cooperatively define an inner cavity configured to be exposed to the eye of the wearer in an operational configuration of the eye goggle (see Figures 2A-2C; paras. 0045-0047); and
a sensor system (12) configured to be removably disposed within the inner cavity (see Figures 2A-2C; paras. 0037 and 0045-0047; at least portions of sensor system 12 are configured to be disposed within the inner cavity), wherein the sensor system comprises:
a housing configured to be coupled to the eye goggle within the inner cavity in a fixed position relative to the eye goggle (see Figures 2A-2C; para. 0045);
an inertial measurement unit (68) disposed within the housing (paras. 0055, 0057); and
a memory device (52) disposed within the housing and communicatively coupled to the inertial measurement unit (paras. 0048, 0055, 0057),
wherein the sensor system does not include a display disposed within the housing and configured to project light from the housing in the operational configuration of the eye goggle (paras. 0049-0050; Zhovnirovsky discloses a configuration of display 58 that is a “direct display system” which lacks either “prisms, mirrors, projectors, and so forth” of an “indirect display system” and also lacks LED lights as disclosed in para. 0051; such a direct display system can be considered to not be “configured to project light from the housing;” as such, inasmuch as currently claimed, Zhovnirovsky can properly be interpreted to read on the limitation that the sensor system “does not include a display disposed within the housing and configured to project light from the housing in the operational configuration of the eye goggle”).
To claim 19, Zhovnirovsky further discloses a system wherein the frame portion comprises a pocket formed therein, wherein the pocket extends from the inner cavity, and the housing is configured to be retained within the pocket (see Figures 2A-2C; paras. 0037 and 0045-0047; the pocket is the area within inner cavity of eye goggle 14 containing sensor system 12).
To claim 20, Zhovnirovsky further discloses a system wherein the inertial measurement unit comprises an accelerometer and a gyroscope (paras. 0055, 0057).
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.
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 12-13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 11,341,864 Lehari in view of US Pub No. 2022/0269090 Zhovnirovsky et al.
To claim 12, Lehari discloses a swim race data capture system (10) (see Figures 1-13; col. 10, line 23 – col. 29, line 29), comprising:
a housing (12) (see especially Figures 5-11; col. 10, line 44 – col. 12, line 67; col. 16, line 36 – col. 18, line 13);
a printed circuit board (64) disposed within the housing (see Figure 6; col. 16, lines 37-49);
an accelerometer disposed within the housing and communicatively coupled to the printed circuit board (col. 16, line 36 – col. 18, line 13);
a gyroscope disposed within the housing and communicatively coupled to the printed circuit board (col. 16, line 36 – col. 18, line 13); and
a battery (66) disposed within the housing and configured to supply power to the accelerometer and the gyroscope (see Figure 6; col. 16, line 36 – col. 18, line 13),
wherein the swim race data capture system does not include a display configured to project light from the housing (see Figures 10-11; col. 11, lines 4-12; col. 12, lines 58-67; Lehari discloses embodiments which rely on audio user outputs instead of a display and therefore lack a display).
Lehari discloses a swim race data capture system (10) comprising a housing (12) that may be detachable from eye goggles and may be provided in other configurations in different embodiments (col. 10, line 44 – col. 11, line 12).
Lehari does not expressly disclose a swim race data capture system wherein the housing is configured to be retained within an inner cavity of an eye goggle in a fixed position relative to the eye goggle in an installed configuration of the housing within the eye goggle.
However, Zhovnirovsky teaches a swim race data capture system (10) (see Figures 1-13; paras. 0037-0091), comprising a housing (see Figures 2A-2C, reproduced above for convenience; para. 0045) wherein the housing is configured to be retained within an inner cavity of an eye goggle (14) in a fixed position relative to the eye goggle in an installed configuration of the housing within the eye goggle (see Figures 2A-2C; paras. 0045-0047).
Lehari and Zhovnirovsky teach analogous inventions in the field of swim data race capture systems. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the housing of the swim race data capture system of Lehari to be retained within an inner cavity of an eye goggle as taught by Zhovnirovsky because Zhovnirovsky teaches that this configuration is known in the art. It would further have been obvious to one of ordinary skill in the art that a swim race data capture system where the housing is included in an inner cavity of an eye goggle would not require the additional housing worn on the back of the wearer’s head as in Lehari, which may cause additional drag in the water while swimming and an additional pressure point on the back of the wearer’s head.
To claim 13, the modified invention of Lehari (i.e., Lehari in view of Zhovnirovsky, as detailed above) further teaches a swim race data capture system wherein the housing is configured to be disposed within a pocket of the inner cavity formed in a skirt portion of the eye goggle, the housing comprises an outer geometry, the skirt portion comprises an inner geometry at least partially defining the pocket, and the outer geometry and the inner geometry correspond with one another (see Figures 2A-2C and paras. 0045-0047 of Zhovnirovsky).
To claim 17, the modified invention of Lehari (i.e., Lehari in view of Zhovnirovsky, as detailed above) further teaches a swim race data capture system wherein the swim race data capture system comprises a memory device disposed within the housing, the accelerometer, the gyroscope, or both are configured to capture data indicative of a head position of a wearer of the eye goggle, and the memory device is configured to store the data (paras. 0048, 0055, 0057-0059 of Zhovnirovsky).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Additional swim race data capture systems analogous to the instant invention (see form PTO-892 “Notice of References Cited”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRIFFIN HALL whose telephone number is (571)270-0546. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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/F Griffin Hall/Primary Examiner, Art Unit 3732