DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to claims in application 19/112,993 filed on 3/17/2025.
The instant application claims benefit to foreign application #IL296594 with a priority date of 9/18/2022.
Pre-Grant Publication not available.
Claims 1-49 cancelled.
Claims 50-70 are pending.
Claim Rejections - 35 USC § 101
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 therefore, subject to the conditions and requirements of this title.
Claims 50-70 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claimed invention is a computer system process (claims 50-68) and a readable medium (claims 69-70). Thus, fall within one of the four statutory categories (Step 1: YES).
Claims 50,58,65 and 69 are directed to a computer-implemented method in determining
receiving a video of a player during a ball-striking event containing a plurality of ball strikes performing pose estimation on images of the player in multiple frames within the video; and/or deriving pose points of the player in each frame determining a series of frames within the video in which a ball-strike occurs and/or determining kinematic performance of a player during one or more ball strikes within the ball-striking event,
These are video of a player during a ball-striking event containing a plurality of ball strike received as input, analyzed to estimate parameters on images of the player in multiple frames within the video for an outcome obtained that enable visual assessment of one or more execution parameters associated with kinematic performance of the player during one or more ball strikes within the ball- striking event and displaying a visual representation of the one or more execution parameters overlaid on the oriented view of the pose points during the ball-striking event..
The actions of receiving, converting, judging for characterizing, extracting, outputting video frame information that falls within the “Certain Method of Organizing Human Activity” groupings of abstract ideas subject to the 2019 Revised Patent Subject Matter Eligibility Guidance. The operations also include feature like observing, identifying, evaluating and judging of frames inputs identified as “Mental Processes” while citing some specific known instances of managing video frames interactions between wherein player pose points correspond to joints of the player and connections between adjacent pose points correspond to limbs.
The analysis of poses and operational parameters of users using verified algorithms such as converting positions of pose points of the player into signals on an X-Y-Z plot is use of existing mathematical relationships. Hence some mathematical concepts ae also involved. Accordingly, the claims recite one or more groupings of abstract ideas(s). (Step 2A: Prong 1 YES)..
The independent claims do not include additional elements that are sufficient to be significantly more than the judicial exception because the limitations of “a computer system with interface display”, “a processor’, “a memory’, "network remote storage", "databases of digital content with predetermined string of analyzed player pose”, “orienting a view of the pose points in order to enable visual assessment of one or more execution parameter” are merely use of generic computer functions and computer parts to apply or use of judicial exception for a stipulated outcome. Hence not indicative of integration of a practical application (Step 2A: Prong 2 No).
The steps in the recited claims that are highlighted are a well-understood, routine, and conventional activities known in art. Page 3 paragraphs 1,2 the instant specification provide a pictorial form of feedback regarding performance of a physical activity, such as a ball-strike, from which a player or coach may immediately understand the quality of the activity or ball-strike. The present disclosure describes a method for analyzing and providing pictorial feedback regarding biomechanics of ball-striking or physical events. The method begins with a video of a player taking a shot. The video may be taken from a single mobile device. Pose estimation is performed on the player, and the different pose points are converted to signals. The disclosure in specification is in a manner that indicates that those features are well-known, routine, and conventional. They are not dealing with actual improvements too, e.g., AR/VR, machine learning, etc.
As an example in case of Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93, the activities of storing and retrieving of information in a memory of consumer electronic for a field of use purposes are recognized to be computer functions well-understood, routine, and conventional, when they are claimed in a merely generic manner. Further, there found to be no additional elements here in the claim recitation that improve the functioning of a computer itself to overcome the abstract idea rejection (Step 2B: No).
Claims dependent claims do not appear to include additional elements that are sufficient to amount to significantly more than the judicial exception. Additionally, taking the claimed elements individually yields no difference from taking them in combination because each element simply performs its respective function as discussed above. One example time series of pose points corresponding to different stages of a ball strike such as in tennis, golf, cricket shot. Another claim is about execution parameters comprise a hip-neck stretch and further comprising displaying the hip-neck stretch as a distance between a mid-hip point and a neck on pose points representing the player during the ball-striking event. In other words, these claims merely apply an abstract idea to a programmable processor or computer and do not improve the performance of the process or computer itself or provide a technical solution to a problem in a technical field. They do not affect the transformation of a particular article to a different state or thing; the underlying computing elements remain the same. Instead, the additional features merely amount to an instruction to apply the abstract idea using generic, functional, and conventional components well-known in the art. Mere instructions to apply an exception using the generic computer components cannot provide an inventive concept. Therefore, for these reasons, it appears that claims 50-7- are not patent-eligible under 35 USC 101.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 50-52, 58-62, 65, 67-69 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by US 20160296795 A1 to CHANG et al.(Chang).
Claim 50. Chang teaches a method of performing kinematic analysis of a ball-striking event ( Para 0003 kinematic analysis through extracting skeleton user movement through image capturing of golf ball strike or swing), comprising:
receiving a video of a player during a ball-striking event containing a plurality of ball strikes (Para 0165 0170 continuous video during swing).
performing pose estimation on images of the player in multiple frames within the video (Para 0058 multiple frames of each image by combining the 2D image acquired by the image sensor) , and deriving pose points of the player in each frame, wherein said pose points correspond to joints of the player and connections between adjacent pose points correspond to limbs of the player (Fig.13 pose or postures; para 0059-0060 regarding that reference 2D image and corresponding depth image are output as output data for motion analysis, through said analysis skeletal information of the user is extracted, the skeletal information may include skeleton joint information and skull information );
converting positions of pose points of the player into signals on an X-Y-Z plot, based on positions of said joints and limbs of the player in each two-dimensional frame from the multiple frames, and wherein X represents lateral movement, Y represents up- and-down movement, and Z represents front-and-back movement (Fig.1 element S300- S500 extract movement position; Para 0061 Extraction may include information about the head of the user, and the value corresponding to the distance between the user's feet may be calculated based on the position values in X-Y-Z plot of the ankle joints of the user through the analysis of the output data ).
determining, based on said signals, a series of frames within the video in which a ball-strike occurs, for each series of frames in which a ball-strike occurs, orienting a view of the pose points in order to enable visual assessment of one or more execution parameters associated with kinematic performance of the player during one or more ball strikes within the ball-striking event ( para 0109-0110 Skeletal with pose point information may be displayed in 2D images acquired by capturing images for respective steps of series of frames of the golf motion of the user).
e.g. distance between feet, head fixing, and balancing or sway, hanging back, reverse spine angle, and slide may be analyzed for correcting motion with kinematic performance of the player during one or more ball strikes within the ball-striking event); and
displaying a visual representation of the one or more execution parameters overlaid on the oriented view of the pose points during the ball-striking event (Fig.14-16 Para 111-112
position or shape of the line or the figure connecting the points at the skeleton posture joints may be compared with a reference preset by the control unit; while comparing, the display unit may differently display the colors or representation schemes as of the line in figure).
Claim 51. Chang teaches the method of claim 50, wherein the determining step comprises: determining frames of interest based on at least one of lateral movement of the pose points within the X-direction and front-and-back movement in the Z direction; and within the frames of interest, determining existence of a shot based on up-and- down movement of the pose points (Para 113-114 and Para 0174)
Claim 52. Chang teaches the method of claim 50, further comprising one of the following: classifying a ball strike as a type of shot based on a comparison of pose point signals of the player during the ball strike to pose point signals of the player or different players in previously-classified ball-striking events; generating a time series of pose points corresponding to different stages of a ball strike; representing a kinematic chain transferred through the player's joints during the ball-striking event; displaying a visual representation of the one or more execution parameters overlaid on a visual display representing the player during the ball-striking event (Para 0109 - 0111 one or more ball strikes pose obtain may be golf shot as in para 0055 ).
Claim 58. Chang teaches a method of performing kinematic analysis of a ball-striking event, comprising: receiving a video of a player during a ball-striking event containing a plurality of ball strikes; determining a series of frames within the video in which a ball-strike occurs; and determining a pivot frame of a ball strike within the video, in which the ball is contacted by a ball-striking implement, wherein the step of determining the pivot frame comprises: selecting, for each of the frames in the series, signals representing pose points of body parts of the player that form an X-factor, said X-factor defined as an angle formed between said player's shoulder line and said player's waist line (Para 0109, 0113);
comparing the signals forming the X-factor of the ball-strike with signals forming X-factors calculated from previously recorded ball-strikes; on the basis of said comparison, determining a best match of the ball-strike to one of the previously recorded ball strikes (Para 0128 and 0141 on the basis of said comparison, determining a best match of the ball-strike to one of the previously recorded ball strikes); and determining the pivot frame based on a comparison to a pivot frame of the best matched ball strike (execution parameters overlaid on the oriented view of the pose points during the ball-striking event.
(Para 0003 kinematic analysis through extracting skeleton user movement through image capturing of golf ball strike or swing; Para 0165- 0170 continuous video during swing Fig.13 pose or postures; para 0059-0060 regarding that reference 2D image and corresponding depth image are output as output data for motion analysis, through said analysis skeletal information of the user is extracted, the skeletal information may include skeleton joint information and skull information; ( para 0109-0110 Skeletal with pose point information may be displayed in 2D images acquired by capturing images for respective steps of series of frames of the golf motion of the user).
Claim 59. Chang teaches the method of claim 58, wherein the step of determining the series of frames further comprises: performing pose estimation on images of the player in multiple frames within the video; converting positions of pose points of the player into signals on an X-Y-Z plot, wherein X represents lateral movement, Y represents up-and-down movement, and Z represents front-and-back movement; determining frames of interest based on at least one of lateral movement of the pose points within the X-direction and front-and-back movement in the Z direction; and determining existence of a shot based on up-and-down movement of the pose points (Fig.1 element S300- S500 extract movement position; Para 0061 Extraction may include information about calculation based on the position values in X-Y-Z plot)
Claim 60. Chang teaches the method of claim 58, wherein the step of determining a best match comprises performing a Euclidean distance analysis of the signals making the X-factor compared to signals making the X-factors of the previously recorded ball-strikes or further comprises performing a dynamic time warping (DTW) algorithm to the signals from the ball-strike and the signals of the previously recorded ball strikes (Para 0070 dynamic time warping).
Claim 61. Chang teaches the method of claim 58, further comprising classifying a ball-strike as a type of shot on a basis of a comparison of pose point signals of the player during the ball- strike to pose-point signals of players in previously classified ball-striking events or comparing one or more execution parameters of a ball strike to the same one or more execution parameters of the best-matched previously recorded ball strike (Para 0043 motion matches).
Claim 62. Chang teaches the method of claim 61, wherein :the one or more execution parameters includes a weight transfer of the player (Chang: Para 0163 weight transfer) during the ball strike; or the one or more execution parameters includes a foundation posture and a landing posture of the player during the ball strike; or the one or more execution parameters includes a location of a contact point of a ball-striking implement with the ball relative to the player's body; or the one or more execution parameters includes a swing line during the ball strike or a leg stance during the ball strike (Chang: Para 0015 time lapse image sensor for swing line)
Claim 65. Chang teaches a method of providing feedback related to kinematic performance of a player during a ball-striking event, comprising: comparing one or more execution parameters, associated with the kinematic performance of a player during one or more ball strikes within the ball-striking event, with the same one or more execution parameters of a previously recorded ball strikes; and displaying one or more visual representations of the one or more execution parameters as an integrative feedback display overlaid on a visual display representing the player during the ball-striking event; wherein the one or more execution parameters comprises weight transfer of the player during a ball strike, and the visual representation is a time-lapse depiction of the weight transfer. (execution parameters overlaid on the oriented view of the pose points during the ball-striking event.
(Para 0003 kinematic analysis through extracting skeleton user movement through image capturing of golf ball strike or swing; Para 0165 0170 continuous video during swing Fig.13 pose or postures; para 0059-0060 regarding that reference 2D image and corresponding depth image are output as output data for motion analysis, through said analysis skeletal information of the user is extracted, the skeletal information may include skeleton joint information and skull information; ( para 0109-0110 Skeletal with pose point information may be displayed in 2D images acquired by capturing images for respective steps of series of frames of the golf motion of the user)
Claim 67. Chang teaches the method of claim 66, wherein the set of lines is weighted in a gradient fade, in which lines corresponding to earlier time units are sequentially blurred relative to lines corresponding to later time units or is applied to only a portion of the player's body (Para 0057-time unit control image; Para 0104, sequential performance) .
Claim 68. Chang teaches the method of claim 65, further comprising displaying educative information with respect to improving the one or more execution parameters (Para 0068 improve parameter)
Claim 69 Chang teaches a system including a non-transitory computer readable medium having stored thereon software that, when executed by a processor, cause the processor to perform the following steps: receiving a video of a player during a ball-striking event containing a plurality of ball strikes; performing pose estimation on images of the player in multiple frames within the video, and derive pose points of the player in each frame, wherein said pose points correspond to joints of the player and connections between adjacent pose points correspond to limbs of the player; converting positions of pose points of the player into signals on an X-Y-Z plot, based on positions of said joints and limbs of the player in each two-dimensional frame from the multiple frames, and wherein X represents lateral movement, Y represents up- and-down movement, and Z represents front-and-back movement; determining, based on said signals, a series of frames within the video in which a ball strike occurs; for each series of frames in which a ball strike occurs, orienting a view of the pose points in order to enable visual assessment of one or more execution parameters associated with kinematic performance of the player during one or more ball strikes within the ball striking event; and displaying a visual representation of the one or more execution parameters overlaid on the oriented view of the pose points during the ball-striking event.
(Para 0003 kinematic analysis through extracting skeleton user movement through image capturing of golf ball strike or swing; Para 0165 0170 continuous video during swing Fig.13 pose or postures; para 0059-0060 regarding that reference 2D image and corresponding depth image are output as output data for motion analysis, through said analysis skeletal information of the user is extracted, the skeletal information may include skeleton joint information and skull information; ( para 0109-0110 Skeletal with pose point information may be displayed in 2D images acquired by capturing images for respective steps of series of frames of the golf motion of the user) ;
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 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.
Claims 53-57, 63,64, 66, 70 are rejected under 35 U.S.C. 103 as being unpatentable over Patent Application Publication Number US 20160296795 A1 to CHANG et al.(Chang) in view of Patent Application Publication Number US 20130029791 A1 to Rose et al. (Rose)
Claim 53 Chang teaches the method of claim 50, wherein the one or more ball strikes are selected from a group consisting of: a tennis shot; a table tennis shot; a golf shot; a baseball swing; or a cricket bat (Para 0003 golf shot) ; or the video is a video captured by a handheld mobile device; or the one or more execution parameters comprises stability of a foundation of the player prior to a ball strike, wherein the foundation is measured as a ratio between a distance between the player's feet and the distance between the player's shoulders as viewed in the x-z plane (Para ,0109, 0114 calculation distances and ratios maintenance). But without pressure index, visual representations include a C-factor representation, time lapse depiction and application of various unit functionalities. Rose, however teaches one or more execution parameters comprises a pressure index prior to a ball strike, wherein the pressure index is defined as a change in a center of gravity of the player over a course of a defined period prior to a ball strike; or the one or more execution parameters comprises a shift in foundation post-swing; or the one or more execution parameters comprises a weight transfer of a torso and head of the player, and the method further comprises displaying a triangle overlaying an image of the torso the player during the ball strike, and changing the display of the triangle based on whether the torso of the player is predominantly behind, in front of, or parallel to an ankle line over a course of a shot; or the one or more execution parameters comprise a hip-neck stretch, and further comprising displaying the hip-neck stretch as a distance between a mid-hip point and a neck on pose points representing the player during the ball-striking event; or the one or more execution parameters include a symmetry of the player's body during the swing, and further comprising displaying a polygon drawn by the player's shoulder's elbows, and wrists over the pose points viewed in the transverse plane during the ball-striking event; or the one or more visual representations include a C-factor, representing extent of rotation of the shoulder and hips relative to a frontal plane of the player, and a V-factor, representing a variation of angle of separation between a shoulder line and a hip line ( Rose; para 0008-0012 actor parameters ).
Claims 54-57 Chang in combination teaches the method of claim 53, but without representing the C-factor, pressure index as a time lapse depiction, applied ,time unit lines .Regarding claims 54-57 Chan also does not explicitly disclose that the one or more visual representations may include C-factor and V-factor measuring parameters. However, in light of Rose which are also in the field of kinematic/motion analysis, a person skilled in the art would consider to implement additional kinematic measuring parameters in the system of Chan without exercising inventive ingenuity (see D5: "24-25 and 42 regarding that the X-factor feedback apparatus 100 may collect data for measuring the change of angle, which represents an X-factor in a golf swing of the user, namely the degree of twist of the shoulder and the pelvis according to the progress of swing. In order to measure the direction information in the three-
dimensional space for the measurement of the angle(Rose: 8 regarding the option of
analyzing a golf swing by measuring movement of a subject performing a golf swing; and
calculating values for at least four parameters such as: peak X-factor, X-factor at impact, peak
S-factor, S-factor at impact, peak O-factor and O-factor at impact). Therefore, said claimed subject matter as taught by Rose into the system assist optimizes strike by measuring and providing various key parameter combinations..
Claim 63. Chang teaches the method of claim 62, further comprising comparing a consistency of the location of the contact point with other contact points during the ball- striking event (Rose: Para 0045 location).
Claim 64. Chang teaches the method of claim 58, wherein the one or more ball strikes are selected from the group consisting of: a tennis shot; a table tennis shot; a golf shot; a baseball swing; or a cricket bat or the video is a video captured by a handheld mobile device (Rose: Para 0036 wireless for handheld mobile devices).
Claim 66. Chang teaches the method of claim 65, wherein: the time-lapse depiction comprises a set of lines, wherein each line corresponds to a single time unit; or the one or more execution parameters further includes a foundation posture and a landing posture of the player during a ball strike, and the visual representation includes at least one of (1) a geometric shape extending between the player's feet; and (2) an animation extending from the player's knees to below the player's feet; or the one or more execution parameters further includes a contact point of the ball with the ball striking implement, and the visual representation includes one or more lines conveying the impact point of the ball with the ball striking implement; or the visual display representing the player is selected from a group consisting of: a photo, a video stream, an animated avatar of the player, or any combination thereof (Rose: para 0017 animation).
Claim 70. Chang teaches the system of claim 69, further comprising a display device, adapted to receive instructions for generating the visual representation from said processor, and to display the visual representation to a user thereof, wherein the computer-readable medium, processor, and the display device are integrated in a single device, being a handheld smartphone or tablet (Para 0014 display unit ; Rose para 0036 wirelessly)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure..
US 20210065452 A1 Gazioglu; Muzaffer
INSTANT TECHNIQUE ANALYSIS FOR SPORTS
US 8696450 B2 Rose; Jessica et al.
Methods for analyzing and providing feedback for improved power generation in a golf swing
US 20180357472 A1 Dreessen; David Scott
SYSTEMS AND METHODS FOR CREATING TARGET MOTION, CAPTURING MOTION, ANALYZING MOTION, AND IMPROVING MOTION
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/S.Z/Examiner, Art Unit 3715 September 29, 2026
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
