DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7 and 9-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 14 of U.S. Patent No. 11,260,262. Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘262 Patent claim anticipates the instant application claim, as detailed in the Double Patenting Claims Comparison Chart below.
Double Patenting Claims Comparison Chart
Instant Application
US Pat. 11,260,262
1.
A portable strength training apparatus, comprising:
1.
A portable strength training apparatus, comprising:
a. a resistance band having a first end and a second end;
b. a resistance band having a first end and a second end,
b. a platform base, wherein the first end of the resistance band is removably coupled to the platform base; and
a. a platform base
Examiner’s Note: In the box above, the ‘262 Patent Claim states “the resistance band being coupled at the first end to the attachment mechanism;” and the Patent claim further recites “an attachment mechanism slideably disposed in the peripheral groove [of the base]”. Therefore, the ‘262 Patent recites the instant claimed feature: “wherein the first end of the resistance band is removably coupled to the platform base”.
c. a force sensor removably coupled to the second end of the resistance band, the force sensor comprising a force transducer comprising electronic circuitry to measure resistance force values applied to the resistance band.
d. a force sensor removably coupled to the second end of the resistance band, the force sensor comprising a force transducer comprising electronic circuitry to measure values applied to the resistance band.
2.
The portable strength training apparatus of Claim 1, wherein the force sensor is physically coupled to the resistance band and converts an input mechanical force into an electrical output signal.
2.
The portable strength training apparatus of claim 1, wherein the force sensor is physically coupled to the resistance band and converts an input mechanical force into an electrical output signal.
3.
The portable strength training apparatus of Claim 1, wherein the force sensor is configured to transmit force values in the resistance band to an external device.
3.
The portable strength training apparatus of claim 1, wherein the force sensor is configured to transmit force values in the resistance band to an external device.
4.
The portable strength training apparatus of Claim 1, wherein the force sensor comprises an application processor and is programmed to transmit cyclic force value data on a regular time interval after a minimal threshold force is detected.
4.
The portable strength training apparatus of claim 1, wherein the force sensor comprises an application processor and is programmed to transmit cyclic force value data on a regular time interval after a minimal threshold force is detected.
5.
The portable strength training apparatus of Claim 1, wherein the force sensor comprises an application processor and is programmed to transmit information relating to a strength training session selected from the group consisting of: force measured at any moment, force total per the strength training session, time of the strength training session, and combinations thereof.
5.
The portable strength training apparatus of claim 1, wherein the force sensor comprises an application processor and is programmed to transmit information relating to a strength training session selected from the group consisting of: force measured at any moment, force total per the session, time of the session, and combinations thereof.
Examiner’s note: While the Patented claim 5 fails to recite that the session is a “strength training” session, the Patented claim nonetheless anticipates the instant limitation because the patented claim’s session would be understood by a person skilled in the art to be a strength training session.
6.
The portable strength training apparatus of Claim 1, wherein the force sensor is configured to transmit information from the force sensor to third party device.
6.
The portable strength training apparatus of claim 1, wherein the force sensor is configured to transmit information from the force sensor to third party device.
7.
The portable strength training apparatus of Claim 1, wherein the force sensor comprises a power supply comprising a rechargeable battery, and wherein the force sensor further comprises a charging port.
7.
The portable strength training apparatus of claim 1, wherein the force sensor comprises a power supply comprising a rechargeable battery, and wherein the force sensor further comprises a charging port.
10.
The portable strength training apparatus of Claim 8, wherein the force sensor is physically coupled to the resistance band and converts an input mechanical force into an electrical output signal.
2.
The portable strength training apparatus of claim 1, wherein the force sensor is physically coupled to the resistance band and converts an input mechanical force into an electrical output signal.
11.
The portable strength training apparatus of Claim 8, wherein the force sensor is configured to transmit force values in the resistance band to an external device.
3.
The portable strength training apparatus of claim 1, wherein the force sensor is configured to transmit force values in the resistance band to an external device.
12.
The portable strength training apparatus of Claim 8, wherein the force sensor comprises an application processor and is programmed to transmit cyclic force value data on a regular time interval after a minimal threshold force is detected.
4.
The portable strength training apparatus of claim 1, wherein the force sensor comprises an application processor and is programmed to transmit cyclic force value data on a regular time interval after a minimal threshold force is detected.
13.
The portable strength training apparatus of Claim 8, wherein the force sensor comprises an application processor and is programmed to transmit information relating to a strength training session selected from the group consisting of. force measured at any moment, force total per the strength training session, time of the strength training session, and combinations thereof.
5.
The portable strength training apparatus of claim 1, wherein the force sensor comprises an application processor and is programmed to transmit information relating to a strength training session selected from the group consisting of: force measured at any moment, force total per the session, time of the session, and combinations thereof.
Examiner’s note: While the Patented claim 5 fails to recite that the session is a “strength training” session, the Patented claim nonetheless anticipates the instant limitation because the patented claim’s session would be understood by a person skilled in the art to be a strength training session.
14.
The portable strength training apparatus of Claim 8, wherein the force sensor comprises a power supply comprising a rechargeable battery, and wherein the force sensor further comprises a charging port.
7.
The portable strength training apparatus of claim 1, wherein the force sensor comprises a power supply comprising a rechargeable battery, and wherein the force sensor further comprises a charging port.
15.
The portable strength training apparatus of Claim 8, wherein the force sensor comprises a first hook and a second hook, wherein the first hook is removably coupled to the send end of the resistance band and the second hook is removably coupled to the human interface mechanism.
14.
The portable strength training apparatus of claim 1, wherein the force sensor comprises a first hook and a second hook, wherein the first hook is removably coupled to the send end of the resistance band and the second hook is removably coupled to the human interface mechanism.
9.
A portable strength training apparatus, comprising:
1.
A portable strength training apparatus, comprising:
a. a platform base having a peripheral groove and a locking groove that extends into the peripheral groove, and an attachment mechanism slideably disposed in the peripheral groove, wherein the attachment mechanism is pivotally moveable into the locking groove;
a. a platform base having
b. a resistance band having a first end and a second end, the resistance band being coupled at the first end to the attachment mechanism;
b. a resistance band having a first end and a second end, the resistance band being coupled at the first end to the attachment mechanism;
c. a human interface mechanism coupled to the resistance band; and
c. a human interface mechanism coupled to the resistance band; and
d. a force sensor removably coupled to the second end of the resistance band, the force sensor comprising a force transducer comprising electronic circuitry to measure cyclic resistance force values applied to the resistance band.
d. a force sensor removably coupled to the second end of the resistance band, the force sensor comprising a force transducer comprising electronic circuitry to measure cyclic resistance force values applied to the resistance band.
16.
portable strength training system, comprising:
1.
A portable strength training apparatus, comprising:
a. a resistance band having a first end and a second end;
b. a resistance band having a first end and a second end,
b. a platform base, wherein the first end of the resistance band is removably coupled to the platform base;
a. a platform base Examiner’s Note: In the box above, the ‘262 Patent Claim states “the resistance band being coupled at the first end to the attachment mechanism;” and the Patent claim further recites “an attachment mechanism slideably disposed in the peripheral groove [of the base]”. Therefore, the ‘262 Patent recites the instant claimed feature: “wherein the first end of the resistance band is removably coupled to the platform base”.
c. a force sensor removably coupled to the second end of the resistance band, the force sensor comprising a force transducer comprising electronic circuitry to measure cyclic resistance force values induced in the resistance band; and
d. a force sensor removably coupled to the second end of the resistance band, the force sensor comprising a force transducer comprising electronic circuitry to measure cyclic resistance force values applied to the resistance band
d. a wireless transceiver module comprising a wireless transmission antenna for wireless transmission of the measured cyclic resistance force values.
8.
Duplicate Claims Warning
Applicant is advised that should claims 2-5 and 7 be found allowable, claims 10-14 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Objections
Claim 15 is objected to because of the following informalities: in line 2, “send end” presumably should be --second end--. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 5-11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinds (US PGPub. 2014/0323271) in view of Riazi (US PGPub. 2006/0040808). Hinds describes substantially the same invention as claimed, including: A portable strength training apparatus, comprising: a. a resistance band (elastic member 10) having a first end (at 14) and a second end (not shown in Fig. 2, but discussed as being connected to an anchor in para. 7: “Looking to Fig. 1, if the elastic member 10 extends to an anchor (such as a wall or floor), and a user grips the grasping loop 1000 and pulls it to extend the elastic member 10, the force sensor(s) 102 between the grasping loop and the elastic member 10 detect the force exerted along the elastic member 10 between the grasping loop 1000 and the anchor.”); (via connection means 104 or 106), the force sensor comprising a force transducer (102) comprising electronic circuitry (see Fig. 4) to measure resistance force values applied to the resistance band.
Hinds does not show b. a platform base, wherein the first end of the resistance band is removably coupled to the platform base.
Riazi teaches an exercise device with an elastic member, which is in the same field of endeavor. Riazi teaches that it is known in the art to connect an elastic device (Riazi part 16, para. 12: “Elastic exercise bands 16 are attached to the base 12.”) to a platform base (Riazi 12).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to attach the carabiner 3170 of Hinds to the attachment mechanisms (known in Riazi as anchor structures) of Riazi. Doing so provides the predictable result of anchoring the other end of the resistance band so that the user can pull the handle and exercise their muscles. Therefore, it would have been prima facie obvious to modify Hinds as taught by Riazi to obtain the invention as claimed.
Regarding claim 2, Hinds shows wherein the force sensor is physically coupled to the resistance band and converts an input mechanical force into an electrical output signal (Hinds para. 7: “The force sensor(s) 102 sense pulling and/or pushing forces exerted between the two connectors 104 and 106, and communicates the measured forces to “client” devices via wireless communications (e.g., radio frequency or infrared) or wired interconnects (e.g., Universal Serial Bus Interconnects) for recording, display, and/or processing. The connectors 104 and 106 allow the sensor body 100 to interfere with other components having complimentarily-shaped connectors, such as the elastic member 10”).
Regarding claim 3, Hinds shows wherein the force sensor is configured to transmit force values in the resistance band to an external device (Hinds para. 21: “The client device illustrated in FIG.4 may take the form of one or more of a variety of devices which are capable of storing, displaying, and/or transmitting the data from the sensor body 100, including personal computers, mobile devices (such as mobile telephones like IPHONE manufactured by Apple Inc. of Cupertino, Calif., USA, personal digital assistants, handheld computers like IPAD manufactured by Apple Inc., and multimedia devices like IPOD manufactured by Apple, Inc.), and game consoles (such as a PLAYSTATION console manufactured by the Sony Corporation of Tokyo, Japan, a NINTENDO console manufactured by Nintendo Co., Ltd., of Kyoto, Japan, or an XBOX console manufactured by the Microsoft Corporation of Redmond, Wash., USA”).
Regarding claim 5, Hinds shows wherein the force sensor comprises an application processor (Hinds CPU, Fig. 4) and is programmed to transmit information relating to a strength training session selected from the group consisting of: force measured at any moment, force total per the strength training session, time of the strength training session, and combinations thereof (para. 20: “The CPU converts the output voltage from the force sensor 102 into a force measurement, and may also perform additional processing steps, e.g., breaking the force readings into time-stamped packets, manipulating the force readings (e.g., integrating them over time to obtain power measurements), storing a history of force readings onto an on-board memory (not shown in FIG. 4) and performing analyses on recorded readings (related to, for example, progress over time), etc. The resulting data is then provided from the CPU to the communications module, which translates the data into a transmittable signal for communication to a "client" device”).
Regarding claim 6, Hinds shows wherein the force sensor is configured to transmit information from the force sensor to third party device (Hinds para. 21: “a wide variety of other clients are also possible, e.g., various types of monitors/displays (such as digitally-enabled televisions), web-based applications (accessible via net-enabled devices), wearable devices (such as sport watches and ankle bracelets), etc.”).
Regarding claim 7, Hinds shows wherein the force sensor comprises a power supply comprising a rechargeable battery (Hinds Fig. 4 and para. 19: “a power supply (battery) 158 which supplies power to the force sensors 102 and circuit board 156”), and wherein the force sensor further comprises a charging port (Hinds para. 30: “The power supply 158, while preferably taking the form of a rechargeable battery (which might be charged via the wired port or another connector”).
Regarding claim 8, Hinds shows further comprising a human interface mechanism (1000), wherein the force sensor is integral to the human interface mechanism (Hinds para. 35: “the grasping loops 1000/2000 of Fig. 2 (or other forms of grasping loops) could be joined directly (e.g., by welding) or indirectly (e.g., via webbing or other connection means) to the male connector section 134 or the female connector section 130. The other connector section could then be connected to an elastic member 10, an anchor, or another structure, whereby a user can grasp (or be grasped by) the grasping loop to exert force on the sensor body.”).
Regarding claim 10, Hinds shows wherein the force sensor is physically coupled to the resistance band and converts an input mechanical force into an electrical output signal (Hinds para. 7: “The force sensor(s) 102 sense pulling and/or pushing forces exerted between the two connectors 104 and 106, and communicates the measured forces to “client” devices via wireless communications (e.g., radio frequency or infrared) or wired interconnects (e.g., Universal Serial Bus Interconnects) for recording, display, and/or processing. The connectors 104 and 106 allow the sensor body 100 to interfere with other components having complimentarily-shaped connectors, such as the elastic member 10”).
Regarding claim 11, Hinds shows wherein the force sensor is configured to transmit force values in the resistance band to an external device (Hinds para. 21: “The client device illustrated in FIG.4 may take the form of one or more of a variety of devices which are capable of storing, displaying, and/or transmitting the data from the sensor body 100, including personal computers, mobile devices (such as mobile telephones like IPHONE manufactured by Apple Inc. of Cupertino, Calif., USA, personal digital assistants, handheld computers like IPAD manufactured by Apple Inc., and multimedia devices like IPOD manufactured by Apple, Inc.), and game consoles (such as a PLAYSTATION console manufactured by the Sony Corporation of Tokyo, Japan, a NINTENDO console manufactured by Nintendo Co., Ltd., of Kyoto, Japan, or an XBOX console manufactured by the Microsoft Corporation of Redmond, Wash., USA”).
Regarding claim 13, Hinds shows wherein the force sensor comprises an application processor (Hinds CPU, Fig. 4) and is programmed to transmit information relating to a strength training session selected from the group consisting of: force measured at any moment, force total per the strength training session, time of the strength training session, and combinations thereof (para. 20: “The CPU converts the output voltage from the force sensor 102 into a force measurement, and may also perform additional processing steps, e.g., breaking the force readings into time-stamped packets, manipulating the force readings (e.g., integrating them over time to obtain power measurements), storing a history of force readings onto an on-board memory (not shown in FIG. 4) and performing analyses on recorded readings (related to, for example, progress over time), etc. The resulting data is then provided from the CPU to the communications module, which translates the data into a transmittable signal for communication to a "client" device”).
Regarding claim 14, Hinds shows wherein the force sensor comprises a power supply comprising a rechargeable battery (Hinds Fig. 4 and para. 19: “a power supply (battery) 158 which supplies power to the force sensors 102 and circuit board 156”), and wherein the force sensor further comprises a charging port (Hinds para. 30: “The power supply 158, while preferably taking the form of a rechargeable battery (which might be charged via the wired port or another connector”).
Regarding claim 15, Hinds shows wherein the force sensor comprises a first hook and a second hook (Hinds para. 7: “a sensor body 100 having one or more force sensors therein (as seen at 102 in FIG. 3) or thereon, with means for connecting the sensor body 100 to other items-- here illustrated as complimentary male and female connectors 104 and 106 (best seen in FIG. 2)-- situated on opposite sides of the sensor body 100.” Examiner notes that complimentary male and female connectors 104 and 106 are considered hooks when giving that term its broadest reasonable interpretation), wherein the first hook is removably coupled to the send end of the resistance band and the second hook is removably coupled to the human interface mechanism (see Figure 1).
Claim 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinds (US PGPub. 2014/0323271) in view of Riazi (US PGPub. 2006/0040808) as applied to claim 1 above, and further in view Thomson (US PGPub. 2019/0126097). Hinds describes the invention substantially as claimed, including wherein the force sensor comprises an application processor and is programmed to transmit cyclic force value data on a regular time interval (Hinds para. 20: “The CPU converts the output voltage from the force sensor 102 into a force measurement, and may also perform additional processing steps, e.g., breaking the force readings into time-stamped packets… The resulting data is then provided from the CPU to the communications module, which translates the data into a transmittable signal for communication to a "client" device via a wireless transmitter and/or via a wired port”) but does not show the data is transmitted on a regular time interval after a minimal threshold force is detected. Thomson teaches an exercise resistance band with an integrated load sensing device (Thomson part no. 4, 22), which is in the same field of endeavor. Thomson teaches that it is known in the art to provide feedback when a repetition reaches a predetermined threshold extension force as measured by the sensing devices. See para. 93: “In FIG. 2 the first load sensing device 21 and second load sensing device 22 wirelessly transmit a signal representative of the extension force to receiver 26 in the form of a smart phone. The receiver 26 processes the signal and compares the measured tensile force to a pre-determined level of extension force programmed into the receiver by a therapist, personal trainer or the user. When the pre-determined level of extension force has been reached the receiver provides a feedback signal in the form of a vibration that indicates to the user that the current repetition of the exercise routine is complete.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include the threshold of Thomson on the device of Hinds. Doing so provides the predictable result of only counting properly executed repetitions so that the user’s exercising efforts are tracked accurately, and that motions or extensions of the resistance band that occur when the user is setting up for an exercise are not counted in the repetition tally. Therefore, it would have been prima facie obvious to modify Hinds as taught by Thomson to obtain the invention as claimed.
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinds (US PGPub. 2014/0323271) in view of Riazi (US PGPub. 2006/0040808) as applied to claims 1 and 8 above, and further in view Thomson (US PGPub. 2019/0126097). Hinds describes the invention substantially as claimed, including wherein the force sensor comprises an application processor and is programmed to transmit cyclic force value data on a regular time interval (Hinds para. 20: “The CPU converts the output voltage from the force sensor 102 into a force measurement, and may also perform additional processing steps, e.g., breaking the force readings into time-stamped packets… The resulting data is then provided from the CPU to the communications module, which translates the data into a transmittable signal for communication to a "client" device via a wireless transmitter and/or via a wired port”) but does not show the data is transmitted on a regular time interval after a minimal threshold force is detected. Thomson teaches an exercise resistance band with an integrated load sensing device (Thomson part no. 4, 22), which is in the same field of endeavor. Thomson teaches that it is known in the art to provide feedback when a repetition reaches a predetermined threshold extension force as measured by the sensing devices. See para. 93: “In FIG. 2 the first load sensing device 21 and second load sensing device 22 wirelessly transmit a signal representative of the extension force to receiver 26 in the form of a smart phone. The receiver 26 processes the signal and compares the measured tensile force to a pre-determined level of extension force programmed into the receiver by a therapist, personal trainer or the user. When the pre-determined level of extension force has been reached the receiver provides a feedback signal in the form of a vibration that indicates to the user that the current repetition of the exercise routine is complete.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include the threshold of Thomson on the device of Hinds. Doing so provides the predictable result of only counting properly executed repetitions so that the user’s exercising efforts are tracked accurately, and that motions or extensions of the resistance band that occur when the user is setting up for an exercise are not counted in the repetition tally. Therefore, it would have been prima facie obvious to modify Hinds as taught by Thomson to obtain the invention as claimed.
Claims 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinds (US PGPub. 2014/0323271) in view of Riazi (US PGPub. 2006/0040808). Hinds describes substantially the same invention as claimed, including: a portable strength training system, comprising: a. a resistance band (elastic member 10) having a first end (at 14) and a second end (not shown in Fig. 2, but discussed as being connected to an anchor in para. 7: “Looking to Fig. 1, if the elastic member 10 extends to an anchor (such as a wall or floor), and a user grips the grasping loop 1000 and pulls it to extend the elastic member 10, the force sensor(s) 102 between the grasping loop and the elastic member 10 detect the force exerted along the elastic member 10 between the grasping loop 1000 and the anchor.”); The wireless transmitter can take the form of a radio frequency transmitter (e.g., WiFi, Bluetooth, ANT, ANT+, ZigBee, etc.), an optical transmitter (e.g., an infrared transmitter), an ultrasonic transmitter, or the like.”).
Hinds does not show: b. a platform base wherein the first end of the resistance band is removably coupled to the platform base. Hinds does show in para. 26: “ FIG. 2 also illustrates a female connector 3106 having three socket passages 3114, any one or more of which can receive an elastic member 10 or the plug 110, and it carries a strap 3000 bearing a carabiner 3170 (for attachment to a user's belt, to a suspended bar, a ring anchored to a wall or floor, etc.).”
Riazi teaches an exercise device with an elastic member, which is in the same field of endeavor. Riazi teaches that it is known in the art to connect an elastic device (Riazi part 16, para 12 “Elastic exercise bands 16 are attached to the base 12.”) to a platform base (Riazi 12) having a top surface (Riazi 34) a bottom surface (Riazi 36) and a plurality of base attachment mechanisms (Riazi 60; Examiner notes this structure is an art-recognized equivalent to Applicant’s base attachment mechanisms 103 in instant application’s Fig. 1), wherein one or more of the plurality of base attachment mechanisms is removably coupled to a first end of a resistance band (Riazi para. 16: “The platform 12 further has an array of anchor structures 60 for attachment of the exercise bands 16 (Fig. 1). As shown in FIG. 2, four anchor structures 60 are provided in recesses 62 at the opposite side edges 24 and 26 of the platform 12. Two additional anchor structures 60 are provided in apertures 65 that extend through the platform 12 at locations on the longitudinal centerline 21. Each anchor structure 60 is shaped as a rod for releasable attachment of a clip 66 at the lower end of an exercise band 16.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to attach the carabiner 3170 of Hinds to the attachment mechanisms (known in Riazi as anchor structures) of Riazi. Doing so provides the predictable result of anchoring the other end of the resistance band so that the user can pull the handle and exercise their muscles. Therefore, it would have been prima facie obvious to modify Hinds as taught by Riazi to obtain the invention as claimed.
Regarding claim 17, Hinds shows the system further comprising a smartphone, the smartphone being paired to the force transducer via the wireless transceiver module (para. 21: “The client device illustrated in FIG. 4 may take the form of one or more of a variety of devices which are capable of storing, displaying, and/or transmitting the data from the sensor body 100, including personal computers, mobile devices (such as mobile telephones like IPHONE manufactured by Apple Inc. of Cupertino, Calif., USA”).
Regarding claim 18, Hinds shows wherein the force sensor comprises a power supply comprising a rechargeable battery (Hinds Fig. 4 and para. 19: “a power supply (battery) 158 which supplies power to the force sensors 102 and circuit board 156”) and a charging port, and wherein the system comprises a recharge cable compatible with the charging port (Hinds para. 30: “The power supply 158, while preferably taking the form of a rechargeable battery (which might be charged via the wired port or another connector”).
Regarding claim 20, Hinds shows the force sensor comprises an application processor and is programmed to transmit information relating to a strength training session selected from the group consisting of: force measured at any moment, force total per the strength training session, time of the strength training session, and combinations thereof (para. 20: “The CPU converts the output voltage from the force sensor 102 into a force measurement, and may also perform additional processing steps, e.g., breaking the force readings into time-stamped packets, manipulating the force readings (e.g., integrating them over time to obtain power measurements), storing a history of force readings onto an on-board memory (not shown in FIG. 4) and performing analyses on recorded readings (related to, for example, progress over time), etc. The resulting data is then provided from the CPU to the communications module, which translates the data into a transmittable signal for communication to a "client" device”).
Claim 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinds (US PGPub. 2014/0323271) in view of Riazi (US PGPub. 2006/0040808) as applied to claim 16 above, and further in view Thomson (US PGPub. 2019/0126097). Hinds describes the invention substantially as claimed, including wherein the force sensor comprises an application processor and is programmed to transmit cyclic force value data on a regular time interval (Hinds para. 20: “The CPU converts the output voltage from the force sensor 102 into a force measurement, and may also perform additional processing steps, e.g., breaking the force readings into time-stamped packets… The resulting data is then provided from the CPU to the communications module, which translates the data into a transmittable signal for communication to a "client" device via a wireless transmitter and/or via a wired port”) but does not show the data is transmitted on a regular time interval after a minimal threshold force is detected. Thomson teaches an exercise resistance band with an integrated load sensing device (Thomson part no. 4, 22), which is in the same field of endeavor. Thomson teaches that it is known in the art to provide feedback when a repetition reaches a predetermined threshold extension force as measured by the sensing devices. See para. 93: “In FIG. 2 the first load sensing device 21 and second load sensing device 22 wirelessly transmit a signal representative of the extension force to receiver 26 in the form of a smart phone. The receiver 26 processes the signal and compares the measured tensile force to a pre-determined level of extension force programmed into the receiver by a therapist, personal trainer or the user. When the pre-determined level of extension force has been reached the receiver provides a feedback signal in the form of a vibration that indicates to the user that the current repetition of the exercise routine is complete.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include the threshold of Thomson on the device of Hinds. Doing so provides the predictable result of only counting properly executed repetitions so that the user’s exercising efforts are tracked accurately, and that motions or extensions of the resistance band that occur when the user is setting up for an exercise are not counted in the repetition tally. Therefore, it would have been prima facie obvious to modify Hinds as taught by Thomson to obtain the invention as claimed.
Allowable Subject Matter
Claim 9 would be allowable upon the filing of a Terminal Disclaimer to overcome the Double Patenting rejections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 9, the prior art of record neither shows nor teaches the combination of a force transducer on a resilient element in combination with a platform with a peripheral groove and a locking groove that extends into the peripheral groove, an attachment mechanism connected to the resilient element slidably disposed in the peripheral groove, wherein the attachment mechanism is pivotally moveable in the locking groove. For at least this reason, claim 9 is considered allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 for cited art of interest.
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/SUNDHARA M GANESAN/Primary Examiner, Art Unit 3784