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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12468384. Although the claims at issue are not identical, they are not patentably distinct from each other because species reads on the genus.
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12468384
1. (Currently Amended) A sensor device, comprising: a first inertial sensor to contact a body of a user; a second inertial sensor to contact a neck of the user; and circuitry configured to receive a first signal from the first inertial sensor, the first signal indicating first direction information of the user, receive a second signal from the second inertial sensor, the second signal indicating second direction information of the user; and presume a behavior of the user based on the first direction information and the second direction information.
1. A sensor device, comprising: a first inertial sensor to contact a user; a second inertial sensor to contact the user; and circuitry configured to presume a behavior of the user based on a first signal detected by the first inertial sensor and a second signal detected by the second inertial sensor; detect first direction information of the user via the first inertial sensor; detect second direction information of the user via the second inertial sensor; communicate, with an information processing system through a network. positional information of the user and the first direction information, wherein the information processing system groups a plurality of users based on the positional information and the first direction information; and presume a listening level of the user included in a group of the plurality of users based on the first direction information and the second direction information.
18. (Currently Amended) A non-transitory recording medium storing a plurality of
instructions which, when executed by one or more processors, causes the one or more
processors to perform a presuming method, the method comprising:
receiving a first signal from a first inertial sensor in contact with a user, the first signal
indicating first direction information of the user;
receiving a second signal from a second inertial sensor in contact with the user, the second signal indicating second direction information of the user: and
presuming a behavior of a user based on the first direction information and the second direction information.
17. A non-transitory recording medium storing a plurality of instructions which, when executed by one or more processors, causes the one or more processors to perform a presuming method, the method comprising: presuming a behavior of a user based on a first signal detected by a first inertial sensor configured to contact the user and a second signal detected by a second inertial sensor configured to contact the user; detecting first direction information of the user via the first inertial sensor; detecting second direction information of the user via the second inertial sensor; communicating, with an information processing system through a network, positional information of the user and the first direction information, wherein the information processing system groups a plurality of users based on the positional information and the first direction information; and presuming a listening level of the user included in a group of the plurality of users based on the first direction information and the second direction information.
19. (Currently Amended) A presuming method, comprising:
receiving a first signal from a first inertial sensor in contact with a user, the first signal
indicating first direction information of the user;
receiving a second signal from a second inertial sensor in contact with the user, the
second signal indicating second direction information of the user; and
presuming a behavior of a user based the first direction information and the second direction information.
18. A presuming method, comprising presuming a behavior of a user based on a first signal detected by a first inertial sensor configured to contact the user and a second signal detected by a second inertial sensor configured to contact the user; detecting first direction information of the user via the first inertial sensor; detecting second direction information of the user via the second inertial sensor; communicating, with an information processing system through a network, positional information of the user and the first direction information, wherein the information processing system groups a plurality of users based on the positional information and the first direction information; and presuming a listening level of the user included in a group of the plurality of users based on the first direction information and the second direction information.
2. (Currently Amended) The sensor device according to claim 1, wherein the first signal represents information indicates a first acceleration acting in a vertical
direction of the user,
the second signal represents information indicates a second acceleration acting in a
front-back direction of the user, and
the circuitry is configured to presume [[a]] the behavior of the user nodding based on
the first acceleration and the second acceleration.
3. (Currently Amended) The sensor device according to claim 1, wherein
the first signal represents information indicates an acceleration acting in a vertical
direction of the user,
the second signal represents information indicates an angular velocity of rotation
about an axis in a lateral direction of the user, and
the circuitry is configured to presume [[a]] the behavior of the user nodding based on
the acceleration and the angular velocity.
4. (Currently Amended) The sensor device according to claim 1, wherein the circuitry
is configured to:
calculate a frequency spectrum from each of the first signal and the second signal; and
presume Il all the behavior of the user nodding based on an intensity of the frequency
spectrum calculated from each of the first signal and the second signal.
5. (Currently Amended) The sensor device according to claim 1, wherein
the first signal represents information indicates a first acceleration acting in a vertical
direction of the user,
the second signal represents information indicates a second acceleration acting in the
vertical direction of the user, and
the circuitry is configured to presume [[a]] the behavior of the user leaning backward
based on the first acceleration and the second acceleration.
6. (Currently Amended) The sensor device according to claim 1, wherein
the first signal represents information indicates a first acceleration acting in a vertical
direction of the user,
the second signal represents information indicates a second acceleration acting in the
vertical direction of the user, and
the circuitry is configured to presume [[a]] the behavior of the user leaning forward
based on the first acceleration and the second acceleration.
7. (Currently Amended) The sensor device according to claim 1, wherein
the first signal represents information indicates a first acceleration acting in a vertical
direction of the user,
the second signal represents information indicates a second acceleration acting in the
vertical direction of the user, and
the circuitry is configured to presume [[a]] the behavior of the user leaning rightward
or leftward based on the first acceleration and the second acceleration.
8. (Currently Amended) The sensor device according to claim 1, wherein
the first signal represents information indicates a first acceleration acting in a vertical
direction of the user,
the second signal represents information indicates a second acceleration acting in the
vertical direction of the user, and
the circuitry is configured to presume [[a]] the behavior of the user standing and
stooping based on the first acceleration and the second acceleration.
9. (Currently Amended) The sensor device according to claim 1, wherein
the first signal represents information indicates a first angular velocity of rotation
about an axis in a vertical direction of the user,
the second signal represents information indicates a second angular velocity of
rotation about the axis in the vertical direction of the user, and
the circuitry is configured to presume [[a]] the behavior of the user shaking his or her
head based on the first angular velocity and the second angular velocity.
10. (Currently Amended) The sensor device according to claim 1, wherein
the first signal represents information indicates a first acceleration acting in a vertical
direction of the user,
the second signal represents information indicates a second acceleration acting in the
vertical direction of the user, and
the circuitry is configured to presume [[a]] the behavior of the user cocking his or her
head based on the first acceleration and the second acceleration.
11. (Currently Amended) The sensor device according to claim 1, wherein the first inertial sensor detects first direction information of the user, and the second inertial sensor detects second direction information of the user, and wherein the circuitry is further configured to communicate with an information processing system through a network, the information processing system including system circuitry configured to group a plurality of users based on positional information of the user received from the sensor device and the first direction information received from the sensor device, and wherein the circuitry of the sensor device is configured to presume a listening level of the user included in a group of the plurality of users based on the first direction information and the second direction information.
12. The sensor device according to claim 1, wherein the first inertial sensor includes: a microphone; and circuitry configured to acquire utterance data of the user acquired by the microphone, and when the presumed behavior and the acquired utterance data are registered in behavior utterance information associating a type of behavior with utterance data that reinforces the behavior, the circuitry is configured to determine that the presumed behavior is stronger than the behavior presumed when the utterance data associated with the behavior is not acquired.
13. The sensor device according to claim 1, wherein the second inertial sensor detects vital data of the user, and the circuitry is configured to presume psychological safety of the user in a group of users based on the vital data.
14. The sensor device according to claim 1, wherein when the circuitry presumes the behavior, the circuitry is configured to output by light, sound, or vibration that the behavior is presumed.
15. The sensor device according to claim 1, wherein the circuitry is further configured to transmit behavior information related to the presumed behavior to the information processing system, the information processing system transmitting the behavior information to a second sensor device different from the sensor device that has transmitted the behavior information and in a same group as the sensor device, the second sensor device outputting light, sound, or vibration according to the behavior information.
16. The sensor device according to claim 1, wherein the first inertial sensor and the second inertial sensor are coupled to each other via a serial cable into a necklace shape to communicate with each other.
17. The sensor device according to claim 1, further comprising: a dummy having a same shape as the second inertial sensor and not including a sensor, wherein the dummy and the second inertial sensor are symmetrically disposed with respect to of the user
2. The sensor device according to claim 1, wherein the first signal represents a first acceleration acting in a vertical direction of the user, the second signal represents a second acceleration acting in a front-back direction of the user, the behavior indicates the user nodding, and the circuitry is configured to presume the behavior based on the first acceleration and the second acceleration.
3. The sensor device according to claim 1, wherein the first signal represents an acceleration acting in a vertical direction of the user, the second signal represents an angular velocity of rotation about an axis in a lateral direction of the user, the behavior indicates the user nodding, and the circuitry is configured to presume the behavior based on the acceleration and the angular velocity.
4. The sensor device according to claim 1, wherein the circuitry is further configured to: calculate a frequency spectrum from each of the first signal and the second signal; and presume the behavior of the user nodding based on an intensity of the frequency spectrum calculated from each of the first signal and the second signal.
5. The sensor device according to claim 1, wherein the first signal represents a first acceleration acting in a vertical direction of the user, the second signal represents a second acceleration acting in the vertical direction of the user, the behavior indicates the user leaning backward, and the circuitry is configured to presume the behavior of the user leaning backward based on the first acceleration and the second acceleration.
6. The sensor device according to claim 1, wherein the first signal represents a first acceleration acting in a vertical direction of the user, the second signal represents a second acceleration acting in the vertical direction of the user, the behavior indicates the user leaning forward, and the circuitry is configured to presume the behavior based on the first acceleration and the second acceleration.
7. The sensor device according to claim 1, wherein the first signal represents a first acceleration acting in a vertical direction of the user, the second signal represents a second acceleration acting in the vertical direction of the user, the behavior indicates the user leaning rightward or leftward, and the circuitry is configured to presume the behavior based on the first acceleration and the second acceleration.
8. The sensor device according to claim 1, wherein the first signal represents a first acceleration acting in a vertical direction of the user, the second signal represents a second acceleration acting in the vertical direction of the user, and the behavior indicates the user standing and stooping, and the circuitry is configured to presume the behavior based on the first acceleration and the second acceleration.
9. The sensor device according to claim 1, wherein the first signal represents a first angular velocity of rotation about an axis in a vertical direction of the user, the second signal represents a second angular velocity of rotation about the axis in the vertical direction of the user, the behavior indicates the user shaking their head, and the circuitry is configured to presume the behavior based on the first angular velocity and the second angular velocity.
10. The sensor device according to claim 1, wherein the first signal represents a first acceleration acting in a vertical direction of the user, the second signal represents a second acceleration acting in the vertical direction of the user, the behavior indicates the user cocking their head, and the circuitry is configured to presume the behavior based on the first acceleration and the second acceleration.
1. A sensor device, comprising: a first inertial sensor to contact a user; a second inertial sensor to contact the user; and circuitry configured to presume a behavior of the user based on a first signal detected by the first inertial sensor and a second signal detected by the second inertial sensor; detect first direction information of the user via the first inertial sensor; detect second direction information of the user via the second inertial sensor; communicate, with an information processing system through a network. positional information of the user and the first direction information, wherein the information processing system groups a plurality of users based on the positional information and the first direction information; and presume a listening level of the user included in a group of the plurality of users based on the first direction information and the second direction information.
11. The sensor device according to claim 1, wherein the first inertial sensor includes: a microphone; and circuitry configured to acquire utterance data of the user acquired by the microphone, and when the presumed behavior and the acquired utterance data are registered in behavior utterance information associating a type of behavior with utterance data that reinforces the behavior, the circuitry is configured to determine that the presumed behavior is stronger than the behavior presumed when the utterance data associated with the behavior is not acquired.
12. The sensor device according to claim 1, wherein the second inertial sensor detects vital data of the user, and the circuitry is configured to presume psychological safety of the user in a group of users based on the vital data.
13. The sensor device according to claim 1, wherein when the circuitry presumes the behavior, the circuitry is configured to output by light, sound, or vibration that the behavior is presumed.
14. The sensor device according to claim 1, wherein the circuitry is further configured to transmit behavior information related to the presumed behavior to the information processing system, the information processing system transmitting the behavior information to a second sensor device different from the sensor device that has transmitted the behavior information and in a same group as the sensor device, the second sensor device outputting light, sound, or vibration according to the behavior information.
15. The sensor device according to claim 1, wherein the first inertial sensor and the second inertial sensor are coupled to each other via a serial cable into a necklace shape to communicate with each other.
16. The sensor device according to claim 1, further comprising: a dummy having a same shape as the second inertial sensor and not including a sensor, wherein the dummy and the second inertial sensor are symmetrically disposed with respect to a neck of the user, and first inertial sensor, the second inertial sensor, and the dummy have a necklace shape.
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.
Claim(s) 1-3, 5-7, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN111930230B hereinafter, ‘230.
In regards to claim 1, ‘230 teaches (Currently Amended) a sensor device, comprising:
The invention discloses a gesture detection method, wearable equipment and a computer-readable storage medium, wherein the gesture detection method comprises the following steps: determining a behavior state of a user through detection data of the accelerometer; when the behavior state of the user is a motion state, starting the second inertial sensor, and determining the gesture of the user according to the detection data of the second inertial sensor and the accelerometer; and when the behavior state of the user is a static state, determining the gesture through the detection data of the accelerometer. According to the invention, the user is determined to be in a motion state or a static state through the data detected by the accelerometer, and gesture recognition is realized by adopting different recognition schemes under different behavior states, and the scheme for recognizing the gesture by adopting the accelerometer is low in power consumption when the user is in the static state, so that the technical effect of reducing the power consumption when the gesture of the user is detected on the wearable equipment is realized. (abstract)
a first inertial sensor to contact a body of a user; (1st para. pg 5/11)
a second inertial sensor to contact a neck of the user; and (1st para. pg. 5/11)
circuitry configured to receive a first signal from the first inertial sensor, the first signal indicating first direction information of the user,
Referring to fig. 2, embodiment 1 of the present invention provides a gesture detection method, which is applied to a wearable device, where the wearable device is provided with a first inertial sensor and a second inertial sensor, the first inertial sensor is an accelerometer, and the second inertial sensor is different from the first inertial sensor in kind, and the gesture detection method includes:((1st paragraph pg. 5/11)
receive a second signal from the second inertial sensor, the second signal (pg. 5/11)
indicating second direction information of the user (step S100 pg. 5/11); and
The second inertial sensor is started, and when the behavior state of the user is a static state, the second inertial sensor is in the closed state by default, the second inertial sensor can be at least one of a gyroscope and a magnetometer, or can be a combination of at least one of the gyroscope and the magnetometer and an accelerometer, the data detected by the gyroscope is angular velocity data, the data detected by the magnetometer is magnetic field data, the data detected by the second inertial sensor can be at least one of the angular velocity data and the magnetic field data, or can be a combination of at least one of the angular velocity data and the magnetic field data and acceleration data, the posture of the user refers to the behavior characteristics of a certain part of the body of the user, the behavior characteristics are expressed by the change of the certain part in direction and angle, for example, the wearable device is worn on the head, the behavior state of the user can be a head, the head is a behavior taking the neck as a base point, and the head is moved up and down or moved left and right.
Optionally, when the behavior state of the user is a motion state, in order to improve the accuracy of detecting the gesture of the user, the gesture may be determined based on the data detected by the second inertial sensor, and the second inertial sensor may include at least one of a gyroscope and a magnetometer, for example, the second inertial sensor may be a set including a three-axis gyroscope and a three-axis magnetometer, where the accelerometer acquires the acceleration of the three axes, the gyroscope acquires the angular velocity of the three axes, the magnetometer acquires the magnetic field intensity of the three axes, and further determines the gesture of the user based on the acceleration of the three axes, the angular velocity of the three axes, and the magnetic field intensity of the three axes, and the gesture may be detected by performing an operation through the acceleration of the three axes, the angular velocity of the three axes, and the magnetic field intensity of the three axes by using a nine-axis fusion algorithm.
presume a behavior of the user based on the first direction information and the second direction information (step S200-S300) 2nd half of pg. 5/11) (example 6 (gesture).
the behavior state of the user refers to the state of physical characteristics of the user, in particular to the state of physical activity of the user, which is used for describing the current state of a certain body part or the active state of a certain part of the body part of the user, the static state is used for describing the steady state of the physical activity state within a certain range, and the change of angles or distances within a certain range, and the user refers to the object wearing the wearable device. The wearable device may be smart glasses, which refers to glasses that are capable of running a computer program to perform specific tasks, and when the smart glasses are worn on the head, activity signals of the head are collected through sensors. An accelerometer is a device that detects acceleration, which is the rate of change of speed, and comprises two main components: the mass block is equipment sensitive to acceleration, the spring is used for supporting the mass block, the spring is a tool for storing mechanical potential energy through elastic deformation, and the mass block is connected with the spring, so that the spring is prone to deformation and stores the mechanical potential energy; the accelerometer detects acceleration based on classical Newton's second law, the Newton's second law points out that the acceleration a of an object is in direct proportion to the combined force F born by the object, in inverse proportion to the physical mass m, the direction of the acceleration is the same as the direction of the combined force, and the formula is F=ma; furthermore, as known from hooke's law, the length change x of the spring is proportional to the spring force F of the spring within the elastic limit, the formula is f= -kx, k is the spring coefficient, the spring force generated by the spring is opposite to the direction of its extension or compression, thus combining f=ma to obtain a=kx/m, therefore, the accelerometer can calculate the acceleration by detecting the inertial force applied by the mass block; further, the mass is also influenced by the gravitational acceleration g, the spring is displaced in the gravitational direction, the spring force is balanced with the gravitational force when the displacement reaches a certain value, in this case kx=mg, i.e. x= (m/k) g, i.e. the displacement x of the mass at this time is proportional to the gravitational acceleration g, and if the gravitational acceleration g and the spring force acceleration a of the mass on the sensitive axis are opposite in direction, x= (m/k) (a-g), i.e. x is proportional to (a-g); the accelerometer integrates the acceleration after measuring the acceleration to obtain the speed and displacement.(pg/ 5/11)
In regards to claim 18, ‘230 teaches (Currently Amended) A non-transitory recording medium storing a plurality of instructions which, when executed by one or more processors, causes the one or more (abstract)
processors to perform a presuming method, the method comprising:
receiving a first signal from a first inertial sensor in contact with a user, the first signal indicating first direction information of the user(1st para. pg 5/11);
receiving a second signal from a second inertial sensor in contact with the user, the second signal indicating second direction information of the user: and (1st para. pg. 5/11)
presuming a behavior of a user based on the first direction information and the second direction information. (step S200-S300) 2nd half of pg. 5/11) (example 6 (gesture)).
In regards to claim 19, ‘230 teaches (Currently Amended) A presuming method, comprising (abstract):
receiving a first signal from a first inertial sensor in contact with a user, the first signal indicating first direction information of the user; (1st para. pg 5/11)
receiving a second signal from a second inertial sensor in contact with the user, the second signal indicating second direction information of the user; and (1st para. pg. 5/11)
presuming a behavior of a user based the first direction information and the second direction information. (step S200-S300) 2nd half of pg. 5/11) (example 6 (gesture)).
In regards to claim 2, ‘230 teaches Currently Amended) The sensor device according to claim 1, wherein the first signal represents information indicates a first acceleration acting in a vertical direction of the user, the second signal represents information indicates a second acceleration acting in a front-back direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user nodding based on the first acceleration and the second acceleration.(example 6(step 342)) pg 7/11) Step S342, “when the fluctuation coefficient of the Y axis of each accelerometer is larger than a first preset threshold value, determining the gesture according to the acceleration data of the Y axis; Specifically, the first preset threshold is a threshold of an X axis, a Y axis and a Z axis in a preset rest state, the threshold describes an acceleration value when the user does not deviate from the rest state, the X axis, the Y axis and the Z axis form a three-dimensional rectangular coordinate system of a cartesian coordinate system, in the coordinate system, a forward direction of a user's vision is a positive direction of the X axis, the Y axis is perpendicular to the X axis and a direction is right of the X axis, the Z axis is perpendicular to the X axis, an origin of the coordinate system depends on a position of an accelerometer, the accelerometer of the wearable device detects a change of acceleration when the position of the user's head moves, the movement mode of the user's head can be left nodding or right nodding, the left nodding or right nodding refers to a straight line between an eye (left eye or right eye) and an object with a vision of the eye as a reference line when the head naturally stands still, and the accelerations detected by the two accelerometers at both sides of the wearable device change when the head moves to a certain side of the vision.” (pg. 7/11)
In regards to claim 3, ‘230 teaches (Currently Amended) The sensor device according to claim 1, wherein the first signal represents information indicates an acceleration acting in a vertical direction of the user, the second signal represents information indicates an angular velocity of rotation about an axis in a lateral direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user nodding based on the acceleration and the angular velocity.(example 1 S100 rotation) “Wherein the wearable device is an electronic device that is wearable near or on the skin and that analyzes and transmits body signals or environmental information, the body signals containing information about vital sign related behavior; the inertial sensor is a device for detecting inertia, the inertia refers to the property of an object resisting the change of the motion state of the object, the inertial sensor mainly detects acceleration, inclination, impact, vibration, rotation and multi-degree-of-freedom motion, the first inertial sensor is an accelerometer, the detection data of the acceleration are acceleration data, the second inertial sensor comprises at least one of a gyroscope and a magnetometer, and can also be a combination of at least one of the gyroscope and the magnetometer and the accelerometer, wherein the magnetometer is an instrument for measuring a magnetic field, and the gyroscope is a device for sensing and maintaining directions based on an angular momentum conservation theory”.(pg. 5/11).
In regards to claim 5, ‘230 teaches (Currently Amended) The sensor device according to claim 1, wherein the first signal represents information indicates a first acceleration acting in a vertical direction of the user, the second signal represents information indicates a second acceleration acting in the vertical direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user leaning backward based on the first acceleration and the second acceleration. (leaning backward and nodding back Example 1 S200 posture and example 5, example 6 S342)) S3425, and example 8 ‘203 .
In regards to claim 6, ‘230 teaches (Currently Amended) The sensor device according to claim 1, wherein the first signal represents information indicates a first acceleration acting in a vertical direction of the user, the second signal represents information indicates a second acceleration acting in the vertical direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user leaning forward based on the first acceleration and the second acceleration. (nod leaning forward and posture Example 1 S200 posture and example 5, example 6 S342)) S3425, and example 8 ‘203.
In regards to claim 7, ‘230 teaches (Currently Amended) The sensor device according to claim 1, wherein the first signal represents information indicates a first acceleration acting in a vertical direction of the user, the second signal represents information indicates a second acceleration acting in the vertical direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user leaning rightward or leftward based on the first acceleration and the second acceleration. (S200 head movement left and right. Last para. of 6/15) ‘203
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable CN111930230B hereinafter, ‘230, further in view of Fleck et al (2015/0279102) hereinafter, Fleck.
In regards to claim 4, ‘230 fails to teach (Currently Amended) The sensor device according to claim 1, wherein the circuitry is configured to: calculate a frequency spectrum from each of the first signal and the second signal; and presume Il all the behavior of the user nodding based on an intensity of the frequency spectrum calculated from each of the first signal and the second signal.
However, Fleck teaches wherein the circuitry is configured to: calculate a frequency spectrum from each of the first signal and the second signal; and presume Il all the behavior of the user nodding based on an intensity of the frequency spectrum calculated from each of the first signal and the second signal.[0046] (fig. 2 (222 and 226 accelerometer) .
[0046] Further, many of these ordinary movements of the eyeglasses 200 will correspond to relatively slow accelerations of the eyeglasses, which in turn correspond to relatively low frequency output signals from the first accelerometer 222 and second accelerometer 226. As an example of the above-described ordinary movements of the eyeglasses 200, consider the case of running or walking by the user. These activities provide an output signal with frequency content that is indicative of the user's gross motion and vary depending upon the activity level. Fast running (at 240 steps per minute for the fastest 10K runners) yields a frequency spectrum peaked near approximately 4 Hz, while walking (at 20 steps per minute) is a periodic signal with frequency content ˜⅓ Hz. In FIG. 1 such movements are represented in the composite motion data 60 by the head motion component 64.
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It would have been obvious to one of ordinary skill in the art to modify the teachings of ‘230 to further include wherein the circuitry is configured to: calculate a frequency spectrum from each of the first signal and the second signal; and presume a behavior of the user nodding based on an intensity of the frequency spectrum calculated from each of the first signal and the second signal in order to interpreted user intent, remove noise, and use commonly used frequency spectrum which is well known in the art and can reduce cost.
Claim(s) 8 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘203 further in view of Guillemaud et al (2008/0214963) hereinafter, Guillemaud.
In regards to claim 8, ‘203 fails to teach (Currently Amended) the sensor device according to claim 1, wherein the first signal represents information indicates a first acceleration acting in a vertical direction of the user, the second signal represents information indicates a second acceleration acting in the vertical direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user standing and stooping based on the first acceleration and the second acceleration.
However, Guillemaud teaches wherein the first signal represents information indicates a first acceleration acting in a vertical direction of the user, the second signal represents information indicates a second acceleration acting in the vertical direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user standing and stooping based on the first acceleration and the second acceleration. .[0027]
[0027] These various elements will be described in sequence and in detail. The normalization device 7 is of an ordinary type that is used to calibrate the signals, for example according to a linear law, to supply normalized output signals that are proportional to the acceleration applied to them. The low pass filter 12 is used to eliminate signal high frequencies that in practice only express noise. The activity analysis device 13 is not indispensable and its content may depend on the activity types to be diagnosed, such as a fall, sleep, walking, position change or others. The diagnosis can be made with several sensors 4 and 5. The posture analysis device 14 can determine if the wearer 2 is standing up, seated or lying down, by comparing accelerations measured by accelerometers 4. If the largest signal is measured by the accelerometer 4 along X or the accelerator 4 along Y, the wearer is lying down, but the acceleration along Z will be preponderant if the wearer 2 is seated or standing, since gravity acts along this axis. The posture diagnosis is made if the acceleration ratios are higher than some specific coefficients. If the wearer 2 is standing up, the comparison of measurements for magnetometers 5 along X and Y can give its direction along the cardinal points. A fall can be determined if a fast rotation is detected about a vertical axis or a fast acceleration in rotation with respect to the field of gravity (measured with an accelerometer). Other criteria can easily be deduced for other postures.
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It would have been obvious to one of ordinary skill in the art to modify the teachings of ‘203 wherein the first signal represents a first acceleration acting in a vertical direction of the user, the second signal represents a second acceleration acting in the vertical direction of the user, and the circuitry is configured to presume a behavior of the user standing and stooping based on the first acceleration and the second acceleration as taught by Guillemaud in order to check the state of a patient and to see if they fell or are standing [0006-0010]
In regards to claim 13, ‘203 in view of Guillemaud, see rational of claim 8, (Original) The sensor device according to claim 1, wherein the second inertial sensor detects vital data of the user, and the circuitry is configured to presume psychological safety of the user in a group of users based on the vital data. [007-0010, 0016-0018] Guillemaud.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘203 further in view of Abrahamsson et al (9,237,393) hereinafter, Abrahamsson.
In regards to claim 9, ‘203 fails to teach (Currently Amended) the sensor device according to claim 1, wherein the first signal represents information indicates a first angular velocity of rotation about an axis in a vertical direction of the user, the second signal represents information indicates a second angular velocity of rotation about the axis in the vertical direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user shaking his or her head based on the first angular velocity and the second angular velocity.
However, Abrahamsson teaches wherein the first signal represents information indicates a first angular velocity of rotation about an axis in a vertical direction of the user, the second signal represents information indicates a second angular velocity of rotation about the axis in the vertical direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user shaking his or her head based on the first angular velocity and the second angular velocity. (fig. 12l and 12r each with 14 accelerometer and (23) shaking of head) (fig. 6 (60)(fig. 5b (23a)).
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It would have been obvious to one of ordinary skill in the art to modify the teachings of ‘203 to further include wherein the first signal represents a first angular velocity of rotation about an axis in a vertical direction of the user, the second signal represents a second angular velocity of rotation about the axis in the vertical direction of the user, and the circuitry is configured to presume a behavior of the user shaking his or her head based on the first angular velocity and the second angular velocity as taught by Abrahamsson in order to rotation and direction of a user’s head (col. 2, lines 37-50).
Claim(s) 10, 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘203 further in view of Li (2018/0228403) hereinafter, Li.
In regards to claim 10, ‘203 fails to teach (Currently Amended) the sensor device according to claim 1, wherein the first signal represents information indicates a first acceleration acting in a vertical direction of the user, the second signal represents information indicates a second acceleration acting in the vertical direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user cocking his or her head based on the first acceleration and the second acceleration.
However, Li teaches wherein the first signal represents information indicates a first acceleration acting in a vertical direction of the user, the second signal represents information indicates a second acceleration acting in the vertical direction of the user, and the circuitry is configured to presume [[a]] the behavior of the user cocking his or her head based on the first acceleration and the second acceleration. (figs. 38-41 head cocking forward).
A posture monitoring apparatus, comprising: at least one processor; and at least one sensor configured to sense position and posture of a wearer of the device; wherein the at least one processor receives and processes input from the at least one sensor, and where necessary, indicates the wearer's posture needs correction, and operates an alarm module to signal the wearer to correct the wearer's posture; wherein the apparatus is worn above the shoulders of the wearer.(abstract)
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It would have been obvious to one of ordinary skill in the art to modify the teachings of ‘203 to include wherein the first signal represents a first acceleration acting in a vertical direction of the user, the second signal represents a second acceleration acting in the vertical direction of the user, and the circuitry is configured to presume a behavior of the user cocking his or her head based on the first acceleration and the second acceleration as taught by Li in order to determine posture [011-0012].
In regards to claim 14, ‘203 in view of Li, see rational of claim 10, teaches (Currently Amended) the sensor device according to claim 1, wherein when the circuitry presumes the behavior, the circuitry is configured to output by light, sound, or vibration that the behavior is presumed. [122-123] Li.
In regards to claim 17, ‘203 in view of Li, see rational of claim 10, teaches (Currently Amended) The sensor device according to claim 1, further comprising: a dummy having a same shape [[same]] as the second inertial sensor and not including a sensor, wherein the dummy and the second inertial sensor are symmetrically disposed with respect to the user (fig. 41 20a [158]) Li.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘203 further in view of Klein et al (2011/0313768) hereinafter, Klein.
In regards to claim 12, ‘203 fails to teach (Currently Amended) the sensor device according to claim 1, wherein the first inertial sensor includes: a microphone; and first circuitry configured to acquire utterance data of the user acquired by the microphone, and wherein, when the presumed behavior and the acquired utterance data are registered in behavior utterance information associating a type of behavior with utterance data that reinforces the behavior, the circuitry is configured to determine that the presumed behavior is stronger than the behavior presumed when the utterance data associated with the behavior is not acquired.
However, Klein teaches wherein the first inertial sensor includes: a microphone; and first circuitry configured to acquire utterance data of the user acquired by the microphone, and wherein, when the presumed behavior and the acquired utterance data are registered in behavior utterance information associating a type of behavior with utterance data that reinforces the behavior, the circuitry is configured to determine that the presumed behavior is stronger than the behavior presumed when the utterance data associated with the behavior is not acquired..[0094] (fig. 8a 504/508 to 514)(fig. 2 (23 and 20))
[0094] FIG. 8A is a flow chart describing an alternative embodiment of a process for interacting with a user based on body position commands and sound commands. In FIG. 8A, a body position command and a sound command are received virtually simultaneously, and therefore the body position commands may be correlated with the sound command, or vice versa, to enhance the reliability and confidence level associated with making a determination as to what commands were actually received via body position and sound inputs. In step 502, objects are displayed on display monitor 15, such as games, movies, or other multimedia content. In step 504, the capture device 20 captures a user's body position and/or movement, and in step 506, the system recognizes the body position and/or movement as a defined command, for example, a hand gesture. Virtually simultaneously, the microphone 30 in capture device 20 captures sound input as generated by the user in step 508. Using the voice libraries of the voice recognizer engine 56, the system recognizes the sound input as a voice command in step 510. In step 512, the system correlates the gesture with the voice command by using the gesture to confirm the voice command, and/or using the voice command to confirm the gesture. Further details are provided in FIGS. 8B-8D below. In another example, the gesture may be interpreted as hand clapping, and the sound input may also be interpreted as hand clapping, in which case the interpretation of the compound command is given a high confidence value as a result of both commands agreeing. By utilizing the interpreted meaning of both the captured gesture and sound/voice command, the system has an increased confidence value that the interpreted meanings are accurate. In step 514, the system performs the action associated with the combination of recognized gesture and speech command.
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It would have been obvious to one of ordinary skill in the art to modify the teachings of ‘203 to further include wherein the first inertial sensor includes: a microphone; and circuitry configured to acquire utterance data of the user acquired by the microphone, and wherein, when the presumed behavior and the acquired utterance data are registered in behavior utterance information associating a type of behavior with utterance data that reinforces the behavior, the circuitry is configured to determine that the presumed behavior is stronger than the behavior presumed when the utterance data associated with the behavior is not acquired as taught by Klein in order to allow for smaller command sets and user intention[002-0010]
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘203 further in view Jangle (2011/0066064) hereinafter, Jangle further in view of Walker et al 5,963,891, hereinafter, Walker.
In regards to claim 16, ‘203 fails to teach (Currently Amended) the sensor device according to claim 1, wherein the first inertial sensor and the second inertial sensor are coupled to each other via a serial cable into a to communicate with each other.
However, Jangle teaches wherein the first inertial sensor and the second inertial sensor are coupled to each other via a cable to communicate with each other (fig. 6 (630 insulated conductor)) Jangle.
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It would have been obvious to one of ordinary skill in the art to modify the teachings of ‘203 to provide a wherein the first inertial sensor and the second inertial sensor are coupled to each other via a cable to communicate with each other to provide a convenient way for the user to wear and merge multiple sensor to provide more information to the user. [0007-00011]
‘203 and Jangle fail to teach a serial cable.
However, Walker teaches using a serial cable (col. 12, lines 1-25).
It would have been obvious to one of ordinary skill in the art to modify the teachings of ‘203 and Jangle to further include a serial cable as taught by Walker in order to provide a well known connector which can lower cost of manufacturing.
Allowable Subject Matter
Claims 11 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/GRANT SITTA/ Primary Examiner, Art Unit 2622
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