`
`FILE HISTORY
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`US 5,779,566
`
`PATENT:
`
`5,779,566
`
`INVENTORS: Wilens, Peter S.
`
`TITLE:
`
`Handheld golf reporting and statistical
`analysis apparatus and method
`
`APPLICATION
`NO:
`
`US1995392280A
`
`FILED:
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`22 FEB 1995
`
`ISSUED:
`
`14 JUL 1998
`
`COMPILED:
`
`26 FEB 2013
`
`1
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`L&H CONCEPTS 2006
`SKYHAWKE TECHNOLOGIES V. L&H CONCEPTS
`IPR2014—00437
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`BEST COPY
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`Surlzll Nu: 08/392,280 10
`Filed:
`2/22/95
`Fur:
`HANDHELD GOLF REPOR
`
`
`
`
`A‘lD STATISTICAL ANALYSIS SYSTEM
`
`COMMISSIONER Ul’_l‘A‘l‘lZN'l'S (k TRADEMARKS
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`PATENT
`“"4”"
`Auovney‘s Docket No.
`"
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`In re apglicatian of: W lens
`
`Group No; 2311
`Serial No.2 0 3 I’ 392: 230
`Examiner: M. sage:
`Filed: 2/22/95
`F0“ HANDHELD GOLF REPORTING AND STATISTICAL ANALYSIS SYSTEM
`
`- Assistant Commissioner tor Patents
`Washington, D.c. 20231
`
`CERTXFICATE OF MAH'JNG UNDER 37 CFR 1.8(2)
`t hueby certHy that the attached correspondents comprising:
`Amendment
`(20 pages)
`Petition and Fee for Extenéion of Time
`Transmittal Letter (in duplicate)
`Check $55.00
`Postcard
`
`' ls being dapasited with the United States Ppstal Service. as first class mail in an envelope
`addressad to:
`
`Assistant Commissioner for Patent:
`Washingtcn. D.C. 20231
`
`M
`May 27 , 1997
`
`Sharon A . Herman
`
`
`mwmzmale‘ paper)
`Signature of pawn w my
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In application of: Wilens
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`&3\Q
`
`Serial No: 08/392,280
`
`Group No: 231 1
`
`Filed: 2/22/95
`
`Examiner: M. Sager
`
`For: HANDHELD GOLF REPORTING AND STATISTICAL ANALYSIS SYSTEM
`
`‘
`
`' W .RECENED
`'
`JUN 2 6 1997
`7
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`Gil-133$? .33
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`Hon. Commissioner of Patents
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`Sir:
`I
`
`~ In response to the Office Action mailed January 27, 1997, please'amendthe
`above-identified application as follows:
`.
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`IN THE CLAJMS;
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`J / (Fourth Time Amended) An [handheld] apparatus for recording and
`reporting golf information [in a manner tending] to increase a player’s ability to improve
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`from experience, the apparatus comprising:
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`a self-contained computer unit having a memory, a power source and a
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`[general output] display for selectively displaying a plurality of information screens and
`
`associated data stored in the memory, the information screens including screen-dependent
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`data input fields for the associated data;
`
`key entry means for retrieving and selectively displaying the information
`
`screens from the memory on the display, and for retrieving, selecting, and recording the
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`associated data with each information screen, wherein the key entry means includes first
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`key means comprising [an] on; entry key for selectively displaying information screens,
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`second screen-dependent field select key means for selecting a particular data input field
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`of predefined data on a displayed screen, the second screen-dependent field select key
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`following steps:
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`storing a plurality of pre-game, game-interactive and post-game
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`information screens in a memory of a [portable] computer unit having a [general output]
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`display for selectively displaying one or more of the infomation screens, the information
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`screens including screen-dependent data input fields for entry of data;
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`displaying in sequential fashion one or more pre—game information screens
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`A method for recording and reporting golf
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`means comprising DALQ bi-directional tab keys [means] for scrolling in opposite directions
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`through the data input fields on a displayed information screen, and third screen-
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`dependent value select key means for displaying and selectively recording or altering
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`_ selected data in a selected data input field, the third screen-dependent value select key
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`means comprising two bi-directional scroll keys [means] for scrolling in opposite
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`directions through the predefined data associated with the data input field on the
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`and prompting entry ofdata which defines parameters ofan upcoming game [to be
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`displaying a chosen game-interactive information screen;
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`corresponding to a game as the game is played, and simultaneously recording [the]
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`entered data in the memory of the computer unit;
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`providing post-game reports based on the data entered in the game-
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`interactive information screen; and,
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`providing one or more game-interactive advice/feedback information
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`screens.
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`experience, comprising the following steps:
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`providing a [portable] computer unit with a memory, a [general output]
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`display, and data selection entry keys;
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`storing a plurality of information screens of golf play information in the
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`selectively displaying information screens on the display in a logical
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`selecting data input fields on a displayed information screen;
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`selecting from stored golf information corresponding to one or more
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`chosen data input fields; and
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`storing selected golf information in the memory as statistical or factual
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`reports for retrieval by the user after the game.
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`providing a choice among a plurality of game-interactive information
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`the game-interactive information screens comprise a first information
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`screen with a first detail level of recording, and a second‘information screen with a
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`second detail level of recording.
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`. [£52147
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`(Twice Amended)
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`A method for recording and reporting golf
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`following steps:
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`(Twice Amended)
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`A method for recording and reporting golf
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`information to increase a player’s ability to improve from experience, comprising the
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`following steps:
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`storing a plurality of pre-game, game-interactive and post-game
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`information screens in a memory of a [portable] computer unit having a [general output]
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`£11! £97
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`(Twice Amended)
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`' A handheld portable apparatus for recording and
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`apparatus comprising:
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`a [portable], self-contained computer unit having a memory, a power
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`source and a [general output] display for selectively displaying a plurality of information
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`screens and associated data stored in the memory, the information screens including
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`first key entry means for sequentially displaying one or more pre-game
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`information screens in a pre-game mode of operation, and subsequently sequentially
`displaying one or more game-interactive information screens in a game-interactive mode
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`the pre-game information screens include means for prompting the entry
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`selecting one ofa plurality ofgame-interactive information screens representingdifferent
`levels of data-recording detail in the game-interactive mode.
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`A method forrecording andreporting golf
`(Twice Amended)
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`information to increase a player’s ability to improve from experience, comprising the
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`following steps: ,
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`providing a [portable] computer unit with a memory, [general output] a
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`display and data selection entry keys;
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`storing a plurality of information screens of golf play information in the
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`memory ofthe computer unit, the information screens including screen-dependent data.
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`input fields corresponding to the golf play information of each information screen;
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`' providing a pro-game mode of data entry in which one or more pre-game
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`information screens are displayed to prompt the entry of data which defines parameters of
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`aungomjng game [to be played], and providing a choice of at least one of a plurality of
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`game-interactive information screens in a subsequent game-interactive mode of operation
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`representing different levels ofdata recording detail;
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`entering the gameeinteractive mode during the game defined in the pre- .
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`game mode, and displaying a chosen game-interactive recording information screen for.
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`entry ofgame data as the game is played; and -
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`storing the recorded golf information in the memory as statistical or ~
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`factual reports for retrieval by the [user] player afier the game.
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`“i I; (Twice Amended]J A'method forrecording and reporting golf
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`information to increase a player’s ability to improve form experience, comprising the
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`following steps:
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`storing a plurality of pre-game, game-interactive and post-game
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`information screens in a memory of a [portable] computer unit having a [general output]
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`display for selectively displaying one or more ofthe information screens;
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`displaying in sequential fashion one or more pro-game information screens
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`and prompting entry of data which defines parameters of anmgming game [to be
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`A method for recording and reporting golf
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`storing a plurality of pre-game, game-interactive and post-game
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`providing a choice among a plurality of game-interactive information
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`screens for recording data during the game defined by the parameters entered in the pre-
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`displaying a chosen game-interactive information screen;
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`entering data in the chosen game-interactive information screen
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`corresponding to a game as the game is played, and simultaneously recording [the]
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`entered data in the memory of the computer unit;
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`providing post-game reports based on the data entered in the game-
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`interactive information screen; wherein,
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`the data entered in the one or more pro-game information screens includes
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`extrinsic factors having an effect on a player’s performance.
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`LAWOFFICESYOUNG.BASILE,Pic”
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`information screens in a memory ofa [handheld] computer unit having a [general output]
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`display for selectively displaying one or more of the information screens, the information
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`screens including screen-dependent data input fields for the entry of data;
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`displaying one or more pre-game information screens and prompting
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`selection and recording of data defining extrinsic factors having an effect on player
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`performance;
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`subsequently providing a choice from among a plurality of game-
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`-11-
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`interactive recording information screens for selection and recording of data while the .
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`_ game is played;
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`displaying a chosen game-interactive recording information screen;
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`selecting and recording data in the chosen game-interactive recording
`information screen corresponding to the game as the game is played; and
`V
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`providing post-game report information screens based on the data entered
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`in both the pre—game and game-interactive information screens.
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`32,] )A/
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`(Twice Amended)
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`.20
`The method ofclaim26’, wherein the step of
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`' prompting selection and recording of data defining extrinsic factors further includes
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`selection and recording of parameters of the upcoming game [to be played].
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`97-54% (Twice Amended)
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`The method ofclaim,
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`-, wherein the game-
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`interactive information screens comprise a first information screen with a first level of
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`recording, and a second informationlscreen with a second level of reporting.
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`wice Amended)
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`A method for. recording and reporting information
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`on a? game of golf usi
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`a [portable] computer unit having a memory and a [general
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`' output] display for selectiv
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`displaying one or more information screens, comprising
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`the following steps:
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`displaying one or more
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`as?
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`selecting one or more extrinsic factors having an effect on player
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`performance, an
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`cording corresponding extrinsic factor data associated with a game
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`played;
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`selecting on or more player performanoelfactors, and recording
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`corresponding player perform
`data as the game is played; and,
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`more extrinsic factors
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`performance tam.
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`onW player
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`computing and displa 'ng statistics [on] correlating the effect of one or
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`(Amended)
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`A method for recording and reporting information on a
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`game of golf using a [portable] computer unit having a memory and a [general output]
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`display for selectively displaying one or more information screens, comprising the
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`following steps:
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`1) displaying one or more information screens for prompting selection
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`and recording of data;
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`2) recording extrinsic factor data which has an effect on player
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`performance and which is associated with a game played;
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`3) recording player performance data as the game is played; and
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`4) computing and displaying statistics Waging the effect of one or
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`more extrinsic factors{NW on regarded player performance.
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`37? /49’
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`(Amended)
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`A method for recording and reporting golfinformation to
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`increase a player‘s ability to improve from experience, comprising the following steps:
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`storing pre-game, game-interactive and post-game information screens in a
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`memory of a [portable] computer unit having a [general output] display for selectively
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`displaying the information screens;
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`displaying a pre-game information screen and prompting entry of data
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`which defines parameters of a game;
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`displaying .a game. interactive information screen for recording data during
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`the game defined by the parameters entered in the pro-game information screen;
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`providing post-game reports based on the data entered in the game-
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`interactive information screen; wherein,
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`extrinsic factor data is entered in the pro-game information screen to
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`recorded.extrinsic factors having an effect on a player’s performance, and the post-game
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`report is further based on extrinsic factor data to display the effect of extrinsic factors on
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`the player’s performance
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`.,20mCOMMONWEALTHar.vo..sun:30!.ANNARBOR.m«1054552(313)652-0270—‘-——————*—-——
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` Please add the following new claim 41:
` A method for recording and reporting golf information to increase a
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`YOUNGIASILE,P. information screens in a memory of a computer unit having a display for selectively
`LAWOFFICES
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`player’s ability to improve from experience, comprising the following steps:
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`storing a plurality of pro-game, game-interactive and post-game
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`displaying one or more of the information screens;
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`-14-
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`entering a pre-gamerfiddé in which one or more pro-game information
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`screens are displayed in sequential fashion to prompt entry of data defining parameters of
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`an upcoming game, and in which a choice is provided among a plurality of game-
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`interactive information screens for subsequently recording data during the upcoming
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`game definedby the parameters entered in the pro-game mode, wherein the number of
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`pre-game information screens displayed in sequential fashion in the pro-game mode is
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`determined by which of the game-interactive information screens is chosen;
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`entering the game-interactive mode to display the chosen game-interactive
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`information screen;
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`entering data in the chosen game-interactive information screen
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`corresponding to the game as the game is played, and simultaneously recording entered
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`data in the memory of the computer unit; and
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`providing post-game reports based on the .data enteredin thechosen‘game-hnu..." i
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`i
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`interactive information screen.
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`zIeMMONWEALTHnLvn.,SUITE3m,ANNARBOR.MIJaws-I532(313)002-0210
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`LAWOFFICESYOUNGIBASILE,P.C.,
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`In view of the foregoing amendments and following remarks, favorable
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`reconsideration of the outstanding rejections is» respectfully requested.
`Applicant has amended claims 1, 3 and 6-40 as suggested by the Examiner to
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`eliminate indefinite phrases; to provide proper antecedent basis for a number of terms,
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`and to clarify the "phrase context" order noted by the Examiner with respect to the
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`language in claim 10, (claim 10 has been rewritten as new claim 41). The amendments
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`7
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`2001COMMONWEALTHBLVD.,SUITE301,ANNARBOR,Ml431054562(313)061'0270__
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`c
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`are believed to satisfy the Examiner’s objections, and thereforeto traverse the rejection
`under § 112.
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`If the Examiner still deems that certain language is indefinite or lacks antecedent
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`basis, he is invited to contact applicant’s undersigned attorney in order to discuss
`individual instances where correction is needed. Applicant can then file a supplemental
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`response.
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`The Examiner has rejected claims 1, 3, 6-9, 11-15 and 17-19 under 35 U.S.C. §
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`103 as being unpatentable over Barber. That rejection is respectfully traversed as
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`follows.
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`With respect to claims 1, 15 and 19, the Examiner argues simply that general
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`' means for tabbing and scrolling “are so well known methods of display control and cursor
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`conirolias defined in class 345, subclass 121+ that it would have been obvious to one of .
`ordinary skill in the art at the time the invention was made to combine paging, tabbing .-
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`and scrolling means with Barber’s apparatus. since such means are so well known for
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`aiding display control and cursor movement control." Applicant respectfully disagrees
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`with the Examiner’s argument regarding obviousness. The Examiner has been unable to
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`cite any prior art which discloses applicant's claimed key entry means for a golf
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`information recording and reporting device. It is not sufficient for the Examiner to
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`replace the citation of prior art with his own opinion of obviousness.
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`Moreover, neither Barber nor the Examiner’s opinion suggests the use of the
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`claimed key entry means in conjunction with golf information screens which include
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`screen-dependent data input fields. For example, Barber’s golf recording apparatus
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`-15.
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`6 _
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`2001COMMONWEALTHa'Lvo,,(313)SUITE301,ANNARBOR,MIalas-1552002-0270
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`_—"_—'——‘LAWOFFICESYOUNGIBASILE.P.C.,
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`provides a set ofkeys with fixed valuestFigure 4) to fill in a number ofnon-screen
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`dependent data input fields (Figures 6 and 7) which are exactly the same for every golf
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`hole. displayed; “changing" Barber’s screens merely means displaying the layout ofa
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`different hole, while the data input fields remain exactly the same. Regarding claims 15
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`and l9, neither Barber nor the Examiner suggests different “entry key means” and "choice
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`key means" for both sequential and non-sequential selection of information screens, nor
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`selecting one of a plurality of game interactive information screens representing different
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`levels of data-recording detail. Since Barber does not have different levels of data
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`recording detail such as to applicant’s three illustrated levels (Figure 2), Barber does not
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`provide the appropriate key means for sequencing through them or non—sequentially
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`‘ selecting among seVeral screens in a mode which has a high level of reporting detail and
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`therefore a number of different option screens available.
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`Applicant has noted the Examiner’s suggestions regarding inserting the word
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`“only” in claims 1, 15 and 19, but at this time disagrees that it is necessary to so limit the
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`claimed invention to distinguish over the prior art of record. The question, applicant
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`submits, is not what ultimate scope applicant’s claims might have, but whether the prior
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`art cited by the Examiner discloses at least the minimum list of elements in the disputed
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`claims. While applicant has amended claims 1, 15 and 19 to clarify the claimed key
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`means, applicant notes that these claims are distinguishable on the basis of thekeys:
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`fimctign in the context of theWW (i.e., a golfinformation reporting
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`apparatus). For example, as noted above, each of claims 1, 15 and 19 requires the key
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`entry means to operate in complementary fashion with a number of golf information
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`-17-
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`LAWOFFICESYOUNGlEASILE,F.C.,
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`screens with screen/dependent data input fields; the Examiner has yet to find an example
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`of a golf information recording apparatus with screen/dependent data input fields, which
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`allows the use of the simplified key entry means in conjunction with multiple different
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`information screens. The Examiner continues to rely primarily on Barber, which takes
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`exactly the opposite approach: namely, providing a large number of value-specific keys
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`with a single fixed data input field used for every hole on the course. Applicant
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`accordingly submits that the rejection, which relies primarily on Barber, and secondarily
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`on the Examiner’s own opinion unsupported by art, is traversed.
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`With respect to the Examiner’s comments in the office action regarding the use of
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`a “kwerty” keyboard, applicant notes that a kwerty keyboard bears no relevance to
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`‘ applicant’s gglflmfonnatignremningjnxenfign, as it simply provides a large number of
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`value~specific keys, and alone‘(or in combination with Barber) does not suggest the use
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`of the non-value-specific minimal set of keys claimed by applicant in conjunction with a
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`plurality of different golf information screens having screen-dependent data input fields.
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`Regarding claim 6, the Examiner appears to have misunderstood applicant’s
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`claimed term “screenvchanging”. Where the Examiner has interpreted “screen-changing”
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`as changing some characteristic (e.g. “color") of a displayed screen, “screen-changing" as
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`claimed by applicant, and as defined in the specification, refers toW
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`l m. See, for example, specification page 6, lines 15-22. If the Examiner would
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`prefer, applicant could replace “screen-changing" with "screenvswitching", although
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`“changing" is clearly defined in the specification.
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`With respect to claims 11-14, Barber again does not ofl‘er or suggest "screen-
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`.13.
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`21
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`LAWOFFICES_YOUNGQBASIQE,P.C.,
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`dependent data in put fields", but rather discloses fixed input fields which remain the
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`same despite changes in the outlined golf hole.
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`The Examiner has rejected claims 21-26 and 28-40 under 35 U.S.C. § 103 as
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`being unpatentable over Barber in combination with Boman. The Examiner notes that
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`Barber does not suggest taking into account any extrinsic factors, but argues that Boman
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`discloses a system and method for recording and displaying golf data during game play
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`which includes extrinsic factors. This interpretation of Boman is incorrect. The Boman
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`disclosure is limited to a built-in weather sensor, in particular a "windage sensor" by
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`which "the direction and velocity of the wind may be determined” (column 6, lines 11- ,
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`12). This single factor is not correlated to the effect on a player’s performance, nor does
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`it correspond to the claimed step of entering extrinsic factor data in a pregame
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`information screen as claimed by applicant; Bomari’s built-in'wind sensor aids in
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`calculating, during the game, "the apparent distance and proposed flight of the ball to the .
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`pin”