DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. 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 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.
Specification
3. The specification is objected to at least due to the following inconsistencies: for example, paragraphs [0014] and [0062] do not appear to be complete (e.g., see the line “deflecting the laser from the initial position to a new position based on the determined
position of the of said one laser receiver”, per paragraph 14, emphasis added; and see the line “Using the determined distance obtained by the, the projectile drop is calculated. The theoretical hit point is determined analogous to the dynamic hit determination”, per paragraph 62, emphasis added).
Applicant is further advised to evaluate the specification and make appropriate corrections if additional discrepancies, including missing punctuation marks, are discovered.
Claim Rejections - 35 USC § 101
4. 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.
● Claim 10 is rejected under 35 U.S.C.101 because the claimed invention is directed non-statutory subject matter.
Claim 10 is directed to a computer program product. It is worth noting that a computer program product broadly covers both statutory and non-statutory subject matter (e.g., signa). However, claim 10 do not positively exclude the non-statutory subject matter. Also see MPEP 2106.03(I) (emphasis added),
Non-limiting examples of claims that are not directed to any of the statutory
categories include:
• Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations;
Thus, claim 10 fails to comply with the statutory requirement per section §101. Note that making a proper amendment to the preamble of claim 10 corrects the issue above; such as, -- a non-transitory computer program product--.
Claim Rejections - 35 USC § 112
5. 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 1-6 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 pre-AIA the applicant regards as the invention.
(a) Claim 1 recites, “deflecting the laser from the initial position to a new position based on the determined position of the of said one laser receiver” (emphasis added); however, it is unclear what limitation is being implied since the line above does not appear to be complete.
(b) Claim 4 recites, “the data relating to the shot on the target are chosen in a group consisting in a type of ammunition, identification information about a first user (U1) shooting the projectile, a time stamp and/or target coordinates and a combination thereof” (emphasis added).
However, the above is improper Markush grouping that further renders the claim ambiguous. Accordingly, appropriate correction is required (also see MPEP 2111.03).
Applicant is further advised to evaluate each of the current claims and make appropriate correctios if additional issues are discovered. It is worth noting that one or more of the current claims appear to be missing proper punctuation marks.
Claim Rejections - 35 USC § 103
6. 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Note that the one or more citations (paragraphs or columns) presented in this office action regarding the teaching of a cited reference(s) are exemplary only. Accordingly, such citation(s) are not intended to limit/restrict the teaching of the reference(s) to the cited portion(s) only. Applicant is required to evaluate the entire disclosure of each reference; such as additional portions that teach or suggest the claimed limitations.
● Claims 1-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Shechter 2002/0012898 in view of Bollweg 2002/0045999.
Regarding claim 1, Shechter teaches the following claimed limitations: a method for improving a shooting training with a shooting device (W) on a target (T), the shooting device comprising a laser (L) having an initial position and the target comprising one or more laser receivers (R) ([0003]; also see FIG 1, labels “6”, “68”, “60”, “62”: e.g., a computer-based system for firearm simulation; wherein the system comprises an actual or a simulated firearm—label “6”—that corresponds to the shooting device; and a computer display—label “68”—that corresponds to the target; and furthermore, the shooting device is configured to shoot a laser beam [i.e., a laser having an initial position]; and the target includes detector arrays—such as, “60”, “62”, etc., which represents one or more laser receivers), the method comprising: acquiring image or video data relating to the target; analyzing the acquired image or video data of the target to determine pixels corresponding to at least one part of the target ([0064] lines 1-6; [0066]; [0071]: e.g., the system incorporates an image sensing device, which captures and transmits images related to the target to the computer; wherein the target involves one or more virtual targets displayed on the display screen; and accordingly, the computer processes the received image to identify pixels representing beam impact locations on the display. Thus, the above indicates the process of acquiring image or video data relating to the target; and analyzing the acquired image/video to determine pixels corresponding to at least one part of the target); determining a distance between the shooting device and the target based on the analysis and determining a position of one of the laser receivers; shooting a real or virtual projectile with the shooting device; determining the impact zone of the projectile on the target ([0054] to [0056]; [0066]; [0071]; [0072]: e.g., the system already determines the range/distance of the firearm from the target; and this range is determined based on a cross-hair and a range-line that the firearm is projecting; the cross-hair represents a simulated projectile, and the range-line deviates from the cross-hair “in proportion to the distance between the firearm and display”; and accordingly, once the detector arrays detect both the cross-hair and the range-line, the data is transmitted to the computer; and the computer determines the distance between the firearm and the screen/target based on the deviation between the cross-hair and the range-line. In addition, as already noted above, the computer receives and processes image of the target captured via the sensing device; and thereby identifies pixels representing beam impact locations on the display).
Shechter does not teach that the impact location above is determined by calculating a trajectory from the shooting device to the target based on the distance determination and ballistic data from the projectile; deflecting the laser from the initial position to a new position based on the determined position of the of said one laser receiver; and transmitting with the laser at the new position to the laser receiver data relating to the determined impact zone and relating to the shot on the target.
However, Bollweg teaches a simulation system, which allows a gunner to practice firing a gun ([0025]); wherein the gun shoots two laser beams, a first one a measurement laser for determining distance between the gun and the target, and a second one for simulating a projectile ([0027], lines 1-12); and the simulator further comprises a trajectory calculator that is in communication with the range (distance) calculator; and accordingly, based on the consideration various attributes (e.g., the type of ammunition selected, orientation of the barrel, etc.), the trajectory calculator calculates the trajectory of the projectile to determine the impact of the simulated projectile on the target ([0031]; [0037]; [0038]); and furthermore, the system comprises a deflection apparatus, which the system uses to defect the direction of the second laser from its initial position to the last transmission direction of the first laser, after determining the position of the target based on the first laser projected towards the target ([0028]; [0029]; ]0031] lines 16-34; [0036]); and accordingly, based on detecting, via the detectors on the target, the laser shots received from the second laser, the system calculates one or more impact attributes on the target ([0033]; [0038]).
Accordingly, given the above teaching, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Shechter in view of Bollweg; for example, by upgrading the system’s algorithm so that it also calculates, based on various ballistic attributes (e.g., the type of simulated ammunition the user selected, the position and/or angle of the weapon, one or more environmental factors, etc.), the trajectory of the simulated projectile; so that it further utilizes the result above—besides the calculated range—when determining the impacts of the simulated projectile on the target; and the system also incorporates one or more well-known deflection devices—such as, an elelctro-optical deflector, or an acousto-optical deflector, etc., which the system uses to redirect or deflect the laser representing the projectile (e.g., the cross-hair) to the target site, as determined via the range-line, so that system more accurately evaluates, based on signals detected via the detector arrays on the target, the impact of the simulated projectile on the target, etc., and thereby, the modified system provides the user with a more realistic shooting experience.
Regarding claim 2, Shechter in view of Bollweg teaches the claimed limitations as discussed above per claim 1.
The limitation, “wherein the data is transmitted if the projectile hits the target”, is already addressed—at least implicitly—per the modification discussed with respect to claim 1. This is because the system calculates the impact of the projectile on the target based on signals detected via the detector arrays on the target. Accordingly, even basic common sense dictates that the detector arrays will not have any data to send to the calculator/processor if no impact of the simulated projectile is detected (note that the same motivation applies to claim 2 since it is dependent on claim 1).
Regarding claim 3, Shechter in view of Bollweg teaches the claimed limitations as discussed above per claim 1.
Schechter further teaches, acquiring further image or video data relating to the target prior to the step of transmitting data relating to the shot on the target ([0062]; [0063]: e.g., the sensing device—such as the camera—is continuously capturing and transmitting images of the target to the computer; and accordingly, the system already acquires one or more images/video relating to the target prior to transmitting data relating to the shot on the target).
Regarding claim 4, Shechter in view of Bollweg teaches the claimed limitations as discussed above per claim 1.
The limitation, “the data relating to the shot on the target are chosen in a group consisting in a type of ammunition, identification information about a first user (U1) shooting the projectile, a time stamp and/or target coordinates and a combination thereof”, is already addressed per the modification discussed per claim 1. This is because the modified system already addresses at least one of the alternatives listed above. For instance, as part of calculating the trajectory of the simulated projectile, the system acquires various ballistic attributes—such as, the type of simulated ammunition that the user is firing. Accordingly, this corresponds to at least one of the alternatives that claim 4 is requiring (note that the motivation discussed per claim 1 also applies to claim 4 since it depends on claim 1).
Regarding claim 5, Shechter in view of Bollweg teaches the claimed limitations as discussed above per claim 1.
Schechter further teaches, the shooting device comprises a trigger (T) to shoot the projectile on the target (FIG 1, label “7”: e.g., the firearm already includes a trigger to shoot a simulated projectile).
Although Shechter does not expressly describe that the acquisition of the image or video data is triggered when the trigger is activated, an alternative implementation where in which the sensing device is equipped with a signal processor and associated circuitry, which allows the device to detect beam impact location and provide relevant information—such as X and Y coordinates of the beam impact location—to the computer ([0062] lines 23-32).
Accordingly, given the above teaching, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Shechter by providing at least one alternative implementation; such as, one that incorporates a sensing device with a signal processor and associated circuitry; wherein this sensing device is configured to be initiated when the user pulls the trigger since its main purpose is to determine and provide the X and Y coordinates of the beam impact to the computer (i.e., PHOSITA readily recognizes that there is no need to start the above sensing device right away—i.e., before the trigger is pulled—since the device would be idle due to the absence of a beam impacting the target); and thereby, the modified system renders the computer more efficient by reducing the burden that the computer is facing when performing various calculations.
Regarding claim 6, Shechter in view of Bollweg teaches the claimed limitations as discussed above per claim 1.
Shechter further that the target is moving and the analysis step comprises: analyzing the motion of the target, and wherein the impact zone determination step comprises predicting the target position when the projectile reaches the target ([0045] to [0047]: e.g., as part of a shooting game scenario, the system displays moving targets to the user, including a tracking pattern for moving targets. Thus, besides providing a moving target, the motion of the target is analyzed. Moreover, when the user shoots the simulated projectile on the target(s), the system determines—based on signals detected via the detector arrays—the beam impact location; and this impact location is passed to the gaming/simulation software, which then uses the above location data to display a relevant scenario. Of course, it is understood that the scenario may indicate a target being his or missed based on the accuracy and timing of the shooting. Thus, the impact zone determination step already comprises predicting the target position when the projectile reaches the target).
Shechter, as modified per Bollweg, does not expressly describe determining a velocity of the target.
However, given the teaching of Shechter above regarding the implementation such gaming/simulation software that generates one or more moving targets ([0045] to [0047]), it is understood that such gaming/simulation software is configured, based on the type of training/gaming scenario to be generated, to determine one or more attributes related to each of the one or more targes (e.g., the speed of the target, the direction of movement of the target, the velocity of the target, the acceleration of the target, etc.).
Accordingly, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Shechter’s system; for example, by upgrading the system’s algorithm so that it further generates one or more targets that move at different velocities; and accordingly, as the user is shooting towards one or more of the moving targets, the system more accurately determines whether the simulated projectile successfully hits—or fails to successfully hit—one or more of the targets, based on the evaluation of the velocity of each target and the detected beam impact location; so that the resulting game scenario, which the system is generating to the user (e.g., the effect of the projectile on a given target, etc.), more accurately reflects the user’s skills.
Regarding claim 7, Shechter teaches the following limitations: a system for improving a shooting training with a shooting device (W) on a target (T), the system comprising means to implement the method of claim 1, the means comprising: the shooting device (W) for shooting projectiles and comprising a camera (C) for acquiring image or video data relating to the target ([0003]; [0062] lines 1-5; also see FIG 1, labels “6”, “68: e.g., a computer-based system for firearm simulation; wherein the system comprises an actual or a simulated firearm—label “6”—that corresponds to the shooting device; and a computer display—label “68”—that corresponds to the target; and the system further comprises a sensing device—such as a camera—for acquiring image/video of related to the target), the shooting device further comprising a laser (L) having an initial position; one or more laser receivers (R) for receiving data relating to a determined impact zone and relating to the shot on the target (FIG 1, labels “2”, “60”, “62”: e.g., the shooting device incorporates a laser transmitter/module, which allows it to shoot a laser beam [i.e., a laser having an initial position]; and the target includes detector arrays—such as, “60”, “62”, etc., which represents one or more laser receivers); and a processing unit (PU) comprising code instructions for analyzing the acquired image or video data of the target to determine pixels corresponding to at least one part of the target ([0064] lines 1-6; [0066]; [0071]: e.g., the image sensing device captures and transmits images related to the target to the computer; wherein the target involves one or more virtual targets displayed on the display screen; and accordingly, the computer processes the received image to identify pixels representing beam impact locations on the display. Thus, the above indicates the process of acquiring image or video data relating to the target; and analyzing the acquired image/video to determine pixels corresponding to at least one part of the target); for determining a distance between the shooting device and the target based on the analysis; for determining a position of one of the laser receivers; for determining after a shooting of a projectile, the impact zone of the projectile on the target ([0054] to [0056]; [0066]; [0071]; [0072]: e.g., the system already determines the range/distance of the firearm from the target; and this range is determined based on a cross-hair and a range-line that the firearm is projecting; the cross-hair represents a projectile—namely a simulated projectile, and the range-line deviates from the cross-hair “in proportion to the distance between the firearm and display”; and thus, once the detector arrays detect both the cross-hair and the range-line, the data is transmitted to the computer; and the computer determines the distance between the firearm and the screen/target based on the deviation between the cross-hair and the range-line. In addition, as already noted above, the computer receives and processes image of the target captured via the sensing device; and thereby identifies pixels representing beam impact locations on the display).
Shechter does not teach that the impact location above is determined by calculating a trajectory from the shooting device on the target, based on the distance determination and ballistic data of the projectile; a deflecting system (D) configured to aim the laser at one or more laser receivers; and deflecting the laser from the initial position to a new position based on the determined position of said one laser receiver; and transmitting with the laser at the new position to the laser receiver the data relating to the determined impact zone and relating to the shot on the target.
However, Bollweg teaches a simulation system, which allows a gunner to practice firing a gun ([0025]); wherein the gun shoots two laser beams, a first one a measurement laser for determining distance between the gun and the target, and a second one for simulating a projectile ([0027], lines 1-12); and the simulator further comprises a trajectory calculator that is in communication with the range (distance) calculator; and accordingly, based on the consideration various attributes (e.g., the type of ammunition selected, orientation of the barrel, etc.), the trajectory calculator calculates the trajectory of the projectile to determine the impact of the simulated projectile on the target ([0031]; [0037]; [0038]); and furthermore, the system comprises a deflection apparatus, which the system uses to defect the direction of the second laser from its initial position to the last transmission direction of the first laser, after determining the position of the target based on the first laser projected towards the target ([0028]; [0029]; ]0031] lines 16-34; [0036]); and accordingly, based on detecting, via the detectors on the target, the laser shots received from the second laser, the system calculates one or more impact attributes on the target ([0033]; [0038]).
Accordingly, given the above teaching, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Shechter in view of Bollweg; for example, by upgrading the system’s algorithm so that it also calculates, based on various ballistic attributes (e.g., the type of simulated ammunition the user selected, the position and/or angle of the weapon, one or more environmental factors, etc.), the trajectory of the simulated projectile; so that it further utilizes the result above—besides the calculated range—when determining the impacts of the simulated projectile on the target; and the system also incorporates one or more well-known deflection devices—such as, an elelctro-optical deflector, or an acousto-optical deflector, etc., which the system uses to redirect or deflect the laser representing the projectile (e.g., the cross-hair) to the target site, as determined via the range-line, so that system more accurately evaluates, based on signals detected via the detector arrays on the target, the impact of the simulated projectile on the target, etc., and thereby, the modified system provides the user with a more realistic shooting experience.
Regarding claim 8, Shechter in view of Bollweg teaches the claimed limitations as discussed above per claim 7.
The limitation, “the deflecting system comprises micro-electromechanical systems”, is already addressed per the modification discussed with respect to claim 7 above. This is because the modification of Shechter already involves incorporating one or more well-known deflection devices; such as, an elelctro-optical deflector, or an acousto-optical deflector, etc. Accordingly, the above already indicates the implementation of micro-electromechanical systems since the arrangement includes components that mechanically deflect the beam based on signal received from a controller—such as, the trajectory calculator (note that the motivation discussed above per claim 7 also applies to claim 8 since it depends on claim 7).
Regarding claim 10, Shechter teaches the following claimed limitations: a computer program product, said computer program product comprising code instructions for performing, when executed by a processing unit of a system as
claimed in claim 7 ([0003]: e.g., e.g., a computer-based system for firearm simulation; and thus, it already incorporates a computer program product comprising executable instructions; also see discussion per claim 7), the steps of: analyzing an acquired image or video data of a target to determine pixels corresponding to at least one part of the target ([0064] lines 1-6; [0066]; [0071]: e.g., the system incorporates an image sensing device, which captures and transmits images related to the target to the computer; wherein the target involves one or more virtual targets displayed on the display screen; and accordingly, the computer processes the received image to identify pixels representing beam impact locations on the display); determining a distance between the shooting device and the target based on the analysis; determining a position of one of the laser receivers; determining an impact zone of the projectile on the target ([0054] to [0056]; [0066]; [0071]; [0072]: e.g., the system determines the range/distance of the firearm from the target based on a cross-hair and a range-line that the firearm is projecting; and thus, once the detector arrays detect both the cross-hair and the range-line, the data is transmitted to the computer, which determines the distance between the firearm and the target based on the deviation between the cross-hair and the range-line. The computer also processes image of the target captured via the sensing device; and thereby identifies pixels representing beam impact locations on the display).
Shechter does not teach that the impact location above is determined by calculating a trajectory from the shooting device to the target based on the distance determination and ballistic data from the projectile; deflecting the laser from an initial position to a new position based on the determined position of said one laser receiver; and transmitting with the laser at the new position to said one laser receiver data relating to the determined impact zone and relating to the shot on the target.
However, Bollweg teaches a simulation system, which allows a gunner to practice firing a gun ([0025]); wherein the gun shoots two laser beams, a first one a measurement laser for determining distance between the gun and the target, and a second one for simulating a projectile ([0027], lines 1-12); and the simulator further comprises a trajectory calculator that is in communication with the range (distance) calculator; and accordingly, based on the consideration various attributes (e.g., the type of ammunition selected, orientation of the barrel, etc.), the trajectory calculator calculates the trajectory of the projectile to determine the impact of the simulated projectile on the target ([0031]; [0037]; [0038]); and furthermore, the system comprises a deflection apparatus, which the system uses to defect the direction of the second laser from its initial position to the last transmission direction of the first laser, after determining the position of the target based on the first laser projected towards the target ([0028]; [0029]; ]0031] lines 16-34; [0036]); and accordingly, based on detecting, via the detectors on the target, the laser shots received from the second laser, the system calculates one or more impact attributes on the target ([0033]; [0038]).
Accordingly, given the above teaching, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Shechter in view of Bollweg; for example, by upgrading the system’s algorithm so that it also calculates, based on various ballistic attributes (e.g., the type of simulated ammunition the user selected, the position and/or angle of the weapon, one or more environmental factors, etc.), the trajectory of the simulated projectile; so that it further utilizes the result above—besides the calculated range—when determining the impacts of the simulated projectile on the target; and the system also incorporates one or more well-known deflection devices—such as, an elelctro-optical deflector, or an acousto-optical deflector, etc., which the system uses to redirect or deflect the laser representing the projectile (e.g., the cross-hair) to the target site, as determined via the range-line, so that system more accurately evaluates, based on signals detected via the detector arrays on the target, the impact of the simulated projectile on the target, etc., and thereby, the modified system provides the user with a more realistic shooting experience.
● Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shechter 2002/0012898 in view of Bollweg 2002/0045999 and in view of Rosenblum 2008/0188314.
Regarding claim 9, Shechter in view of Bollweg teaches the claimed limitations as discussed above per claim 7. Shechter does not expressly describe that the diameter of the laser is adjustable based on the analysis of the video of image data.
However, Rosenblum teaches a system for simulating the shooting of a projectile while using a gun that projects a laser ([0002]); and the gun incorporates a switch that allows the user to adjust the area of the laser beam ([0022]: note that adjusting the area of the beam implies adjusting the radius or diameter of the laser beam).
Accordingly, given the above teaching, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the invention of Shechter in view of Rosenblum; for example, by configuring the gun with a switch that adjusts the area of the laser beam, which the user is shooting or projecting on the target; so that the modified system would provide the user with further option for adjusting the difficulty level of the simulation scenario; such as, reducing the area of the laser beam in order to increase the difficulty level of shooting the target, etc.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUK A GEBREMICHAEL whose telephone number is (571) 270-3079. The examiner can normally be reached from 7:00 AM - 3:00 PM.
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/BRUK A GEBREMICHAEL/Primary Examiner, Art Unit 3715
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