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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/29/26 has been entered.
Response to Arguments
The previous objection to the Specification has been withdrawn in light of the amendments to the claims, filed 04/29/26.
The previous objection to claim 1 has been withdrawn in light of the amendments to the claim, filed 04/29/26.
The previous rejection under 35 U.S.C. 112(b) has been withdrawn in light of the amendments to the claims, filed 04/29/26. However, in light of the amendments, a new ground(s) of rejection under 35 U.S.C. 103 has been presented, as discussed in detail below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kashyap (U.S. Pub. 2021/0086030 A1) in view of DeLuca et al. (U.S. Pub. 2018/0021629 A1) (hereinafter “DeLuca”), Watterson et al. (U.S. 11,426,633 B2) (hereinafter “Watterson”), Ford (U.S. Pub. 2007/0117081 A1), and “Exercise Intensity as a Percentage of VO2max and METmax Example Calculations”, 4 pages, uploaded on January 28, 2021 by user “Vivo Phys – Evan Matthews” (hereinafter “Matthews”).
Regarding claim 1, Kashyap discloses an exercise intensity assessing system (Fig. 1) comprising:
a physiological information sensor worn on an exerciser for sensing a physiological information of the exerciser before and after the exerciser exercises (Fig. 2B; [0101], wherein sensor 240 may be a heartbeat sensor that may connect with the system to share and augment sensor data);
a signal transmitter electrically connected with the physiological information sensor for receiving the physiological information sensed by the physiological information sensor ([0101], communication connection may connect the computer 200, WAN 220, PAN 230, and/or sensor 240);
a central control host electrically connected with the signal transmitter for collecting the physiological information received by the signal transmitter for a fitness instructor to diagnose and analyze the physiological information ([0063]; [0101]; [0111-0112], wherein the sensor may connect with the system (EMS) to share and augment the sensor data, wherein the data may be shared with a trainer for analysis and guidance regarding a training plan); and
a cloud database electrically connected with the central control host for recording the physiological information ([0101], WAN module 220 having a communication connection for establishing and/or joining a WAN may have one or more of a LTE/4G, 3G, or other wireless WAN connectivity, wherein this component may be used to connect with the cloud server 102 (e.g., Fig. 1)), the cloud database using the physiological information to obtain a forecasted watt value corresponding thereto and obtain a resistance level corresponding to different fitness apparatuses according to the forecasted watt value (Fig. 1; [0007-0008]; [0080-0081]; [0087], where cloud server processing is done on the user exercise database that contains the name of the user, the exercise done, the time of the exercise, the weight lifted, the number of sets, the repetitions, the tempo, the work done, the maximum power (watt value), the calories burned, etc., wherein the system (EMS) forms one or more exercise details based on data from the one or more sensors, transmits the formed data to a cloud server, and forming, by the cloud server, a training plan for a trainer that includes the formed data, wherein the training plan may include one or more of: a weight of an exercise for the fitness equipment (exercise resistance level), a number of sets for the exercise for the fitness equipment, a number of repetitions for the exercise for the fitness equipment, a lifting speed for the exercise for the fitness equipment, and a range for the exercise for the fitness equipment).
Kashyap fails to explicitly further disclose wherein the physiological information sensor senses the physiological information of the exerciser before and after the exerciser exercises. However, DeLuca, directed to a system for sensing information of a user and using said information to create an exercise program for the user ([0006]), teaches this limitation ([0036], wherein information regarding the participant’s physical response can be monitored such as, for example, the participant’s pulse, blood oxygen level, or grip strength before, during, and after an exercise using sensors worn or held by the participant). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize physiological information of the exerciser before and after exercise, as taught by DeLuca, for more accurate analysis and to better tailor the exercise (resistance level corresponding to different fitness apparatuses) to the user.
Kashyap further discloses wherein the central control host is adapted for the exerciser to create a basic information ([0015]). However, Kashyap may not further explicitly disclose the central control host obtains a maximum heart rate of the exerciser from the basic information, and further, wherein before the exerciser exercises, the physiological information sensor obtains a resting heart rate of the exerciser, and the cloud database calculates a heart rate reserve by the resting heart rate and the maximum heart rate, and uses the heart rate reserve to obtain a heart rate value of the exerciser under different training intensity. Nevertheless, Watterson teaches these limitations (Figs. 4-4A; Col. 16, ln. 26-49; Col. 16, ln. 50-Col. 17, ln. 10, wherein a resting heart rate may be measured, and wherein the difference between the maximum heart rate and the resting heart rate of the user is used to determine a heart rate reserve, and wherein the heart rate reserve is used to calculate heart rate zones under different training intensity (e.g., Beast Mode, Performance, Cardio, Endurance, Recovery)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize the basic information to estimate or measure a maximum heart rate, as taught by Watterson, to obtain additional physiological information of the user to better tailor an exercise to the user. It further would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize the physiological information sensor of Kashyap to obtain a resting heart rate of the exerciser before exercise, and to utilize the measured resting heart rate and maximum heart rate to calculate a heart rate reserve, used to obtain a heart rate value (zone) for the exerciser under different training intensity, as taught by Watterson, in order to better tailor an exercise to the user.
Additionally, Kashyap further fails to explicitly disclose wherein when the exerciser exercises, the cloud database uses a rating of perceived exertion scale (RPE scale) to obtain physical condition of the exerciser under different heart rates. Nevertheless, Ford teaches wherein a rating of perceived exertion could be correlated with actual physiological values, such as heart rate from a heart rate monitor, to determine intensity of work-out during exercise ([0076-0077]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize additional exercise data like user feedback during the workout, such as a rating of perceived exertion (RPE) under different heart rates sensed by a heart rate monitor, to determine a workout intensity (e.g., physical condition of the exerciser – i.e., exerciser feels that exertion level is light, somewhat hard, or very hard), as taught by Ford, in the invention of Kashyap to aid in fitness training (i.e., tailor the exercise/exercise plan based on the physical condition of the exerciser) (Ford, [0076], wherein, for example, an output is tailored based on the gathered data (i.e., RPE, HR); Kashyap, [0005], wherein exercise difficulty is modified based on user performance).
Moreover, Kashyap further fails to explicitly disclose after the exerciser exercises, the cloud database obtains a maximal oxygen uptake of the exerciser, and uses the maximal oxygen uptake and the heart rate reserve to obtain a metabolic equivalent of task (MET) of the exerciser; the metabolic equivalent of task is calculated by a following equation: MET = VO2max * MHRR ÷ 3.5 ÷ 60, wherein MET is the metabolic equivalent of task, VO2max is the maximal oxygen uptake, and MHRR is 0.39 for a low-grade training intensity, 0.59 for a medium-grade training intensity, and 0.85 for a high-grade training intensity. However, Matthews teaches these limitations (1:16; 1:40; 1:48; 3:00, wherein MET (in units of ml/kg/min) is calculated by multiplying VO2max of a user by a converted percentage based on an exercise intensity level, and then dividing by 3.5). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the value multiplied by VO2max to equate to 0.39 for a low-grade training intensity, 0.59 for a medium-grade training intensity, and 0.85 for a high-grade training intensity, as these values fall within the ranges presented by Matthews, and determining an optimum value of a result effective variable for each intensity involves only routine skill in the art (See MPEP 2144.05). Additionally, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to divide the result for MET by 60 as a simple unit conversion to ml/kg/hr. Moreover, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to determine exercise intensity for the user, as taught by Matthews, in the invention of Kashyap to further tailor/adjust the exercise/exercise plan accordingly.
Regarding claim 7, Kashyap may not further explicitly disclose, however, Watterson teaches wherein MHR is the maximum heart rate, RHR is the resting heart rate, HRR is the heart rate reserve, and MHR-RHR=HRR (Col. 16, ln. 50-Col. 17, ln. 10, wherein the difference between the maximum heart rate and the resting heart rate of the user is used to determine a heart rate reserve). Watterson further teaches when the training intensity is a medium grade, the heart rate value is RHR+(HRRx60%) (Fig. 4A, wherein when the training intensity is a medium grade (e.g., Zone 3, cardio), the heart rate zone includes a heart rate value equal to RHR+(HRRx60%) (137)); when the training intensity is a high grade, the heart rate value is RHR+(HRRx85%) (Fig. 4A, wherein when the training intensity is a high grade (e.g., Zone 4, performance), the heart rate zone includes a heart rate value equal to RHR+(HRRx85%) (167)). While Watterson may not explicitly further teach when the training intensity is a warm-up grade, the heart rate value is RHR+(HRRx20%), and when the training intensity is a low grade, the heart rate value is RHR+(HRRx40%), it would have been obvious to a person of ordinary skill in the art as a matter of routine experimentation, wherein a low-grade training intensity would have a lower heart rate value than that of a medium grade training intensity, and wherein a warm-up grade training intensity would have a lower heart rate value than the medium grade training intensity and the low grade training intensity.
Moreover, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize the physiological information sensor of Kashyap to obtain a resting heart rate of the exerciser before exercise, and to utilize the measured resting heart rate and maximum heart rate to calculate a heart rate reserve, used to obtain a heart rate value (zone) for the exerciser under different training intensities, as taught by Watterson, in order to better tailor an exercise to the user.
Claims 2-4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kashyap in view of DeLuca, Watterson, Ford, and Matthews, as applied to claim 1, and in further view of Hoang (U.S. Pub. 2019/0126099 A1).
Regarding claim 2, Kashyap further discloses wherein the cloud database obtains the resistance level of the different fitness apparatuses ([0080-0081]; [0099], wherein a training plan database has training plans developed by the trainer that a user in the user database may follow, wherein the database includes a training plan name, list of exercises that are part of the training plan, lifting speed (or tempo), and the like). However, Kashyap may not further explicitly disclose wherein the cloud database obtains the resistance level of the different fitness apparatuses under different rotary speeds according to the forecasted watt value, and adjusting the resistance level. Nevertheless, DeLuca teaches these limitations ([0003]; [0008]; [0024]; [0030], wherein based on the position of the equipment and participant and based on any additional sensed or received information, virtual reality content, additional programming, the equipment, and the environment can all be adjusted, where in particular, the exercise equipment can dynamically adjust its position and behavior as needed depending on the information received about the participant and the equipment to change, for example, the resistance, speed, or intensity, and wherein the participant follows the individualized plan developed by a trainer (fitness instructor)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to obtain the resistance level of the different fitness apparatuses under different rotary speeds according to the forecasted watt value and adjusting the resistance level by the fitness instructor based on a determination that the forecasted watt under the same resistance level varies, as taught by DeLuca, in order to tailor the exercise (resistance level) to the user.
Kashyap may not further explicitly disclose when the fitness instructor discovers through the central control host that the forecasted watt value under the same resistance level varies, the fitness instructor adjusts the resistance level. However, Hoang teaches where a cloud central server can be configured to provide application serves to exercise devices through communication over a network, wherein personal devices may also access the cloud central server, and wherein a trainer can make resistance adjustments to users equipment based on, for example, target heart rate, watts, etc. ([0041-0042]; [0050]; [0142-0143], wherein commands (e.g., pressing a button resulting in an exercise device increasing or decreasing its relative resistance from a current resistance level) are communicated through the cloud central server). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to adjust the resistance level in response to the discovery though the central control host (e.g., cloud central server) based on a targeted heart rate, watt, etc., as taught by Hoang, in order to allow a trainer responsible for the training plan to adjust and tailor the exercise of the user.
Regarding claim 3, Kashyap may not further explicitly disclose, however, Hoang teaches wherein the fitness instructor adjusts the resistance level in use according to the physiological information in real time ([0142-0143], wherein the trainer can make resistance adjustments in real time based on physiological information (e.g., heart rate)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to adjust the resistance level in real time according to the physiological information, as taught by Hoang, in order to allow a trainer responsible for the training plan to adjust and tailor the exercise of the user.
Regarding claim 4, Kashyap may not further explicitly disclose, however, Hoang teaches wherein the fitness instructor adjusts the resistance level of a next use according to physiological information ([0142-0143]; [0149], wherein the resistance adjustments may be made in real time, but do not have to be (i.e., wherein resistance could be adjusted for a next use, such as after a 1 minute break)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to adjust the resistance level of a next use according to the physiological information, as taught by Hoang, in order to allow a trainer responsible for the training plan to adjust and tailor the exercise of the user.
Regarding claim 9, Kashyap further discloses an assessing method of the exercise intensity assessing system as claimed in claim 1 comprising the steps of: a) using the physiological information sensor to sense the physiological information of the exerciser before and after the exerciser exercises (Fig. 2B; [0101], wherein sensor 240 may be a heartbeat sensor that may connect with the system to share and augment sensor data);
b) using the signal transmitted to receive the physiological information and transmit the physiological information to the central control host, and then a fitness instructor diagnosing and analyzing the physiological information through the central control host ([0063]; [0101]; [0111-0112], communication connection may connect the computer 200, WAN 220, PAN 230, and/or sensor 240, wherein the sensor may connect with the system (EMS) to share and augment the sensor data, and wherein the data may be shared with a trainer for analysis and guidance regarding a training plan);
c) using the central control host to transmit the physiological information to the cloud database, so that the cloud database obtains said forecasted watt value corresponding to the physiological information and obtains a said resistance level corresponding to different fitness apparatuses according to the forecasted watt value (Fig. 1; [0007-0008]; [0080-0081]; [0087]; [0101], WAN module 220 having a communication connection for establishing and/or joining a WAN may have one or more of a LTE/4G, 3G, or other wireless WAN connectivity, wherein this component may be used to connect with the cloud server 102 (e.g., Fig. 1), and where cloud server processing is done on the user exercise database that contains the name of the user, the exercise done, the time of the exercise, the weight lifted, the number of sets, the repetitions, the tempo, the work done, the maximum power (watt value), the calories burned, etc., wherein the system (EMS) forms one or more exercise details based on data from the one or more sensors, transmits the formed data to a cloud server, and forming, by the cloud server, a training plan for a trainer that includes the formed data, wherein the training plan may include one or more of: a weight of an exercise for the fitness equipment (exercise resistance level), a number of sets for the exercise for the fitness equipment, a number of repetitions for the exercise for the fitness equipment, a lifting speed for the exercise for the fitness equipment, and a range for the exercise for the fitness equipment).
Kashyap fails to explicitly further disclose wherein the physiological information sensor sensed the physiological information of the exerciser before and after the exerciser exercises. However, DeLuca, directed to a system for sensing information of a user and using said information to create an exercise program for the user ([0006]), teaches this limitation ([0036], wherein information regarding the participant’s physical response can be monitored such as, for example, the participant’s pulse, blood oxygen level, or grip strength before, during, and after an exercise using sensors worn or held by the participant). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize physiological information of the exerciser before and after exercise, as taught by DeLuca, for more accurate analysis and to better tailor the exercise (resistance level corresponding to different fitness apparatuses) to the user.
Moreover, Kashyap fails to explicitly disclose the fitness instructor allotting the exerciser to one of the fitness apparatuses and the fitness instructor using the central control host to control the fitness apparatus used by the exerciser to provide the resistance level obtained in step c). However, Hoang teaches this limitation ([0041-0042]; [0050]; [0142-0143]; [0147-0148], wherein a trainer can make resistance adjustments to users’ equipment based on, for example, target heart rate, watts, etc., and wherein a user is allotted to a fitness apparatus based on, for example, a type of class joined). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to control the resistance level of a fitness apparatus by a trainer, as taught by Hoang, in order to allow the trainer responsible for the training plan to adjust and tailor the exercise of the user.
Conclusion
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/ALYSSA N BIANCAMANO/Examiner, Art Unit 3715
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