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 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.
Claims 1 – 4 and 7 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Onda (US 2017/0221379 A1) in view of Kaufman et al. (US 11,955,145 B1).
Re claims 1 and 7:
Onda 1. A dance practice system (Onda, Abstract) comprising:
a first input interface that obtains user image data that is based on image data generated by capturing an image using a camera and that includes a plurality of frames indicating movement of a user (Onda, figs. 1 – 2; [0097] – [0098]; [0107]);
a second input interface that obtains model image data including a plurality of frames indicating movement of a performer serving as a model for a dance (Onda, figs. 1 – 2; [0097] – [0098]);
a signal processing circuit that generates guide image data instructing the user to make the movement of the user more closely resemble the movement of the performer (Onda, figs. 8 – 11; [0142] – [0147]); and
an output interface that causes the user image data, the model image data, and the guide image data to be displayed on a display (Onda, figs. 8 - 11).
Onda teaches 7. A dance practice method (Onda, Abstract) comprising:
obtaining user image data that is based on image data generated by capturing an image using a camera and that includes a plurality of frames indicating movement of a user (Onda, figs. 1 – 2; [0097] – [0098]; [0107]);
obtaining model image data including a plurality of frames indicating movement of a performer serving as a model for a dance (Onda, figs. 1 – 2; [0097] – [0098]);
generating guide image data instructing the user to make the movement of the user more closely resemble the movement of the performer (Onda, figs. 8 – 11; [0142] – [0147]); and
displaying the user image data, the model image data, and the guide image data on a display (Onda, figs. 8 - 11).
Onda does not explicitly disclose determines which of the plurality of frames of the model image data corresponds to a specific frame obtained at a predetermined point in time from among the plurality of frames of the user image data; and when the specific frame is later than the frame determined from among the plurality of frames of the model image data, causes the guide image data to be displayed on the display earlier as a time difference between the frame determined and the specific frame is greater.
Kaufman et al. (US 11,955,145 B1) teaches an invention related to instructional content for performing fitness exercises or other types of activities may be provided as video output. Kaufman teaches wherein the signal processing circuit:
determines which of the plurality of frames of the model image data corresponds to a specific frame obtained at a predetermined point in time from among the plurality of frames of the user image data (Kaufman, col. 7, lines 31 – 67, “if the user 102 is performing the activity at a slower rate than that of an instructor presented in the first video data 110(1), the first video data 110(1) may be presented to cause the instructor to appear to move at a slower rate. If the user 102 performs the activity at a faster rate than that of the instructor, the first video data 110(1) may be presented to cause the instructor to appear to move at a faster rate”; col. 2, lines 33 – 63, “for synchronizing the output of a video based on the activity of a user, and in some cases automatically replaying portions of the video. First video data that represents an instructor or other user performing an activity may be analyzed to determine pose data indicative of the position of the instructor at one or more times (e.g., in one or more frames) within the video data. For example, the first video data may include a recorded video in which an instructor demonstrates performance of a fitness exercise or other type of activity”); and
when the specific frame is later than the frame determined from among the plurality of frames of the model image data, causes the guide image data to be displayed on the display earlier as a time difference between the frame determined and the specific frame is greater (Kaufman, col. 7, lines 31 – 67, “if the user 102 is performing the activity at a slower rate than that of an instructor presented in the first video data 110(1), the first video data 110(1) may be presented to cause the instructor to appear to move at a slower rate. If the user 102 performs the activity at a faster rate than that of the instructor, the first video data 110(1) may be presented to cause the instructor to appear to move at a faster rate”; col. 2, lines 33 – 63, “for synchronizing the output of a video based on the activity of a user, and in some cases automatically replaying portions of the video. First video data that represents an instructor or other user performing an activity may be analyzed to determine pose data indicative of the position of the instructor at one or more times (e.g., in one or more frames) within the video data. For example, the first video data may include a recorded video in which an instructor demonstrates performance of a fitness exercise or other type of activity”).
Therefore, in view of Kaufman, 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 system and method described in Onda, by speed up / slow down instructor video as taught by Kaufman, since Kaufman explains that if a user has difficulty learning a new activity, performing an activity correctly, or performing an activity at a desired rate, the speed at which the content is presented in the video output may cause the video output to become desynchronized with the user. In some cases, after the video output becomes desynchronized, a user may manually replay portions of the video output, which may create a negative user experience (Kaufman, col. 1, lines 6 – 15).
Re claim 2:
2. The dance practice system according to claim 1,
wherein the signal processing circuit generates the guide image data by referring to a frame, among the plurality of frames of the model image data, that is later than the predetermined point in time by a length of time based on the time difference (Kaufman, col. 7, lines 31 – 67, “if the user 102 is performing the activity at a slower rate than that of an instructor presented in the first video data 110(1), the first video data 110(1) may be presented to cause the instructor to appear to move at a slower rate. If the user 102 performs the activity at a faster rate than that of the instructor, the first video data 110(1) may be presented to cause the instructor to appear to move at a faster rate”).
Re claim 3:
3. The dance practice system according to claim 1,
wherein the signal processing circuit:
causes the model image data to be displayed on the display through the output interface at a timing at which movement by the user is desired (Onda, figs. 8 - 13); and
causes the guide image data to be displayed on the display through the output interface at a timing earlier than the timing at which movement by the user is desired (Kaufman, col. 7, lines 31 – 67, “if the user 102 is performing the activity at a slower rate than that of an instructor presented in the first video data 110(1), the first video data 110(1) may be presented to cause the instructor to appear to move at a slower rate. If the user 102 performs the activity at a faster rate than that of the instructor, the first video data 110(1) may be presented to cause the instructor to appear to move at a faster rate”).
Re claim 4:
4. The dance practice system according to claim 1,
wherein at least one of a size or a darkness of the guide image data is changed according to a difference between the movement of the user and the movement of the performer (Onda, fig. 13; [0146], “the user 2 to be superimposed on”).
Re claim 8:
8. A non-transitory computer-readable recording medium having recorded thereon a program for causing at least one processor to execute the dance practice method according to claim 7 (Onda, [0099]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Onda (US 2017/0221379 A1) in view of Kaufman et al. (US 11,955,145 B1) as applied to claim 1 above, and further in view of Takehiro (US 2013/0005434 A1).
Re claim 5:
Onda does not teach 5. The dance practice system according to claim 1, wherein when the time difference is not greater than a threshold, the signal processing circuit causes the guide image data to be displayed on the display through the output interface based on the movement of the performer shown at a higher level of detail.
Takehiro teaches an invention related to a game device, a control method for a game device, an information recording medium and a program. Takehiro teaches 5. The dance practice system according to claim 1, wherein when the time difference is not greater than a threshold, the signal processing circuit causes the guide image data to be displayed on the display through the output interface based on the movement of the performer shown at a higher level of detail (Takehiro, [0004]; [0026], “when a player's score within a specified judgment period is worse than a reference value, it is presumed that the player's skill is not suitable for the level of difficulty of the game. Therefore, when the player's score is equal to or less than a threshold value, the game device pauses the game. With the present invention, in a game that can be paused and restarted, the player can more easily pause or restart the game, and when it is determined that the player's score is not good, it is possible to pause the game and prompt the player to adjust the level of difficulty.”; [0122] – [0124]). Therefore, in view of Takehiro, 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 system described in Onda, by providing higher level as taught by Takehiro, since it was known in the art to adjust the difficulty of the video game based on the proficiency level of the player.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Onda (US 2017/0221379 A1) in view of Kaufman et al. (US 11,955,145 B1) as applied to claim 1 above, and further in view of Barr (US 2021/0154529 A1).
Re claim 6:
Onda does not explicitly disclose an arrow. Barr teaches an interactive visualization system has a receiver that receives image data corresponding to one or more biomechanical movements of a use (Barr, Abstract). Barr teaches 6. The dance practice system according to claim 1, wherein the guide image data includes: an arrival point indicating a position where the user is to arrive next on the display; and an arrow indicating a direction and movement amount from a current position of the user to the arrival point on the display (Barr, figs. 4A – 4F; [0059]; [0061]). Therefore, in view of Barr, 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 system described in Onda, by providing arrow taught by Barr, in order to provide additional imagery may be rendered to provide additional cues to assist the user 301 in performing correction of an anatomical structure (Barr, [0061]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK YIP whose telephone number is (571)270-5048. The examiner can normally be reached Monday thru Friday; 9:00 AM - 5:00 PM EST.
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/JACK YIP/Primary Examiner, Art Unit 3715
