Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2013/0166049 A1 to Werner et al.
Re claim 1, Werner teaches a position management system
The abstract describes that Werner comprises a system that uses stationary position beacons and GPS to monitor the performance of athletes participating in races and generate participant performance data.
comprising: a first communication apparatus attached to a first competitor who participates in a competition in which competitors moves along a course, the first communication apparatus being configured to acquire first location information representing a position of the first competitor from a GNSS system;
Refer to the description of a “fitness monitoring device 102” worn by “one or more individuals during a fitness activity beginning in [0024].
[0024] outlines that the system 10 monitors the performance of one or more individuals during a fitness activity such as a marathon. Portable fitness monitoring device(s) 102 used by the participant(s) determine location, pace, speed, distance and other data associated with the participant’s performance.
[0025], stationary position beacons 200 placed along the route that communicate with participant devices 102 determine time-stamped location information, speed, pace, and distance in conjunction with GPS data. [0027] further elaborates on GPS technology used in conjunction with the beacons.
[0026]-[0027] contemplates that GPS-enabled fitness monitoring devices may be smartphones or intelligent clothing such as smart watches, wrist bands, or garments.
a second communication apparatus attached to a second competitor different from the first competitor who participates in the competition, the second communication apparatus being configured to acquire second location information representing a position of the second competitor from the GNSS system;
Refer to the description of a “fitness monitoring device 102” worn by “one or more individuals during a fitness activity beginning in [0024]. The “or more” teaches at least a second competitor. And as discussed in [0024]-[0025], each portable fitness monitoring device 102 is used in conjunction with GPS technology to acquire time-stamped location information during a competition such as a marathon.
Further regarding Werner being used for more than one participant carrying more than one communication apparatus, [0029] describes that the fitness activity engaged in by instrumented participants may be “a competitive fitness activity including … a foot race, a bicycle race … or other fitness activity in which the physical location of the participant changes as a function of time… may comprise an organized competitive running race such as the New York City Marathon… may be engaged in with one or more individuals, such as family, friends, or members of a social network” and the route over which the plurality of competitive participants run may be a “predetermined route … provided by a race organizer”.
And [0030] describes that the system of Werner is designed “to accommodate the traversal of a plurality of participants 100 during the fitness activity” and as a plurality of participants come within proximity of a stationary position beacon, “When the participant 100 is proximate to the mat … the signal is received by the portable fitness monitoring device 102. The portable fitness monitoring device 102 may also receive location data from the GPS signal 22 from GPS satellites 20. Based at least on the position beacon system 200 signal, the precise location of the participant may be determined.”
an information processing apparatus configured to receive the first location information from the first communication apparatus, and receive the second location information from the second communication apparatus;
[0034] describes that, in addition to reporting location and performance data to portable fitness monitoring devices 102, the system of Werner “transmits participant performance data to server 112 and/or other devices within the monitoring system.”
[0040] describes that, “updated participant performance data may be transmitted to server 112 … the updated participant performance data may be displayed to the participant 100 on the display 15 of the portable fitness monitoring device 102. The data may be continuously displayed during the fitness activity” and [0041] describes that this server may perform mathematical calculations on the GPS location data received from portable fitness monitoring devices 102 to determine location, velocity, bearing, speed, pace, etc.
and a fixed communication apparatus disposed at a predetermined position in the course, and configured to communicate with the first communication apparatus and the second communication apparatus, wherein the first communication apparatus transmits the first location information to the information processing apparatus when the first communication apparatus communicates with the fixed communication apparatus, and the information processing apparatus causes the second communication apparatus to transmit the second location information when the first communication apparatus and the fixed communication apparatus communicate with each other.
[0030], the position beacon system 200 includes a plurality of race mats 202. Each mat 202 may be … disposed along the ground of the route of the fitness activity at a predetermined location. The mat 202 may include one or more antennae or transmitters 204 for transmitting unique location and timing information associated with the position of the particular mat 202. The transmitters 204 are adapted to transmit the signal using known technologies including, but not limited to, RFID, Bluetooth, magnetic field, near field communication systems, or other suitable technologies adapted to provide a signal that includes time-stamped location information. In one embodiment, the transmitters 204 may include a receiver and be adapted to transmit and receive data. … During a fitness activity, each mat 202 transmits a signal that includes time-stamped location information. When the participant 100 is proximate to the mat 202 (e.g., as the participant 100 crosses over the mat), the signal is received by the portable fitness monitoring device 102. The portable fitness monitoring device 102 may also receive location data from the GPS signal 22 from GPS satellites 20. Based at least on the position beacon system 200 signal, the precise location of the participant may be determined.”
[0031]-[0032] describes that instead of mats, the fixed position beacons placed along a race route may be towers equipped with transmitters 204 that communicate wirelessly with portable fitness monitoring devices 102 when they come in proximity.
Re claim 2, [0025], [0030]-[0032], portable fitness monitoring devices (equivalent to the claimed first and second communication apparatuses) worn by a plurality of athletes participating in a competitive race receive time-stamped location information from stationary beacons operating in concert with GPS.
Re claims 3-12, these claims comprise functional, result-oriented language describing usage scenarios conceived of for a position management system, without any technical details, such as particular programming instructions executed by a processor or hardware/infrastructure adaptations indicating how the position management system is required to achieve them. As such these claims recite intended uses or fields of use for the position management system of claims 1-2.
Apparatus claims are examined to determine if a claimed invention is structurally distinguished over the prior art, rather than merely functionally distinguished by claimed differences in fields of use, intended use(s), or manner(s) of operating otherwise structurally equivalent devices. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
MPEP 2114 Part IV. provides instructions for the examination of functional language in the special case of computerized device claims. Here, it is again stated that functional claim language that is not limited to a specific structure covers all computerized devices that are capable of performing the recited computer-implemented function. This section cites In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971) ("[I]t is elementary that the mere recitation of a newly discovered function or property, inherently possessed by things in the prior art, does not cause a claim drawn to those things to distinguish over the prior art"). See MPEP § 2112 for more information
In the instant case, the claim language of claims 3-12 merely represents intended manners of operating an apparatus, statements of conceived field of uses or intended uses of an apparatus, or functions that the apparatus is capable of but not necessarily required to perform, which fails to distinguish over the system of Werner.
Re claim 13, refer to the rejection of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J HYLINSKI whose telephone number is (571)270-1995. The examiner can normally be reached Mon-Fri 10-530.
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/STEVEN J HYLINSKI/ Primary Examiner, Art Unit 3715
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