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 .
Response to Amendment
In the amendments filed November 14th, 2025, the following has occurred: claims 1, 11, and 17 have been amended; claims 1-2,4-11 and 13-20 remain pending in this application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 4, 5, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (WO 2013157669 A1, “Jang”) in view of Kumar et al. (WO 2018191425 A1, “Kumar”).
Regarding claim 1, Jang discloses a method of delivering the object related message by using the wide-frequency sound signal, comprising: connecting one or more sound signal transmitters to one or more objects respectively (Fig. 3, [attached machine translation, pg. 6], speaker (311) is connected to health measuring device (210)); transmitting one or more messages related to one or more properties of the one or more objects by the one or more wide-frequency sound signal transmitters respectively ([attached machine translation, pg. 7] controller extracts unique code information for each health measurement which are provided to the DTMF module and transmitted through the speaker),; and receiving the one or more sound signals by a sound signal receiver. ([attached machine translation, pg. 7], microphone of terminal receives the transmitted signal from the speaker)
Jang may not explicitly teach a wide-frequency transmitter, a wide-frequency receiver, and a wide-frequency signal, wherein the wide-frequency sound signal is an ultrasound signal; wherein the one or more object related messages are carried at the format of the sound signals via one or more waveform variations.
Kumar teaches a wide-frequency transmitter, a wide-frequency receiver, and a wide-frequency signal; wherein the wide-frequency sound signal is an ultrasound signal. (Fig. 10, [pg. 18], (1002a-1002e) illustrate acoustic receivers such as transducers, microphones transceivers. (1006) illustrates an acoustic transmitters)([pg. 17], in representative examples, methods use one or more wideband signals for ranging. Frequencies may include ranges from Hz to kHz, kHz to multiple kHz, tens of kHz, etc. and may include ultrasonic ranges as well, such as 40 kHz or higher) wherein the one or more object related messages are carried at the format of the sound signals via one or more waveform variations([pg. 22-23], communication connections enable communication over a communication medium such as acoustic transmit and receive signals in a modulated data signal that can have properties changed so as to encode information in the signal)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic communications, before the effective filing date of the claimed invention, to modify the method of Jang, to include the wideband signal transmission and reception capabilities of Kumar with a reasonable expectation of success, with the motivation of making the system more resilient to ambient acoustic noise, rejecting echoes, and reducing sensitivity to resonances of the microphone and speakers [pg. 17-18].
Regarding claim 2, Jang, as modified in view of Kumar, teaches the method according to claim 1. Kumar further teaches using one and only one wide- frequency sound signal receiver and a plurality of wide-frequency sound signal transmitters. ([pg. 26], in some embodiments, multiple acoustic transmitters can be situated while an acoustic receiver is moved through a detection volume to act as a reference positions for calibration)
Regarding claim 4, Jang, as modified in view of Bandy, teaches the method according to claim 1. Kumar further teaches at least one of the following: configuring at least two wide-frequency sound signal transmitters such that different wide-frequency sound signals are transmitted with different signal frequencies; configuring at least two wide-frequency sound signal transmitters such that different wide-frequency sound signals are transmitted with different signal intensities; configuring at least one wide-frequency sound signal transmitter such that the frequency of the transmitted wide-frequency sound signal is adjustable; and configuring at least one wide-frequency sound signal transmitter such that the intensity of the transmitted wide-frequency sound signal is adjustable.([pg. 22-23], modulated data signals can include signals having one or more properties (frequency/amplitude/etc.) that can be set or changed so as to encode information in the signal)
Regarding claim 5, Jang, as modified in view of Kumar, teaches the method according to claim 1. Kumar further teaches further comprising analyzing the received one or more wide-frequency sound signals to decide the one or more properties of the one or more objects. ([pg. 17], in representative examples, methods use one or more wideband signals for ranging. Frequencies may include ranges from Hz to kHz, kHz to multiple kHz, tens of kHz, etc. and may include ultrasonic ranges as well, such as 40 kHz or higher)([pg. 22-23], communication connections enable communication over a communication medium such as acoustic transmit and receive signals in a modulated data signal that can have properties changed so as to encode information in the signal).
Regarding claim 8, Jang, as modified in view of Kumar, teaches the method according to claim 1. Jang further teaches comprising connecting one or more detectors to the one or more objects respectively, wherein at least one object is connected to a wide-frequency sound signal transmitter and one or more detectors at the same time, wherein one or more contents of one or more object properties detected by one or more detectors are transmitted at the format of the wide- frequency sound signal.([attached machine translation, pg. 4], health measuring device includes a plurality of measuring pads to gather health data) ([attached machine translation, pg. 7] controller extracts unique code information for each health measurement which are provided to the DTMF module and transmitted through the speaker)(it is the examiner’s interpretation that one of ordinary skill in the art could reasonably apply the wide-frequency signal generation capabilities of Kumar to the detectors and transmitter of Jang)
Regarding claim 9, Jang, as modified in view of Kumar, teaches the method according to claim 8. Jang further teaches comprising at least one of the following: placing a pressure detector positioned under a weight pan to detect the weight of any goods placed on the weight pan, and transmitting a wide-frequency sound signal carrying the weight message; and placing a touch detector under and separated from a suspended terminal of a seesaw-like device, such that a warning message is carried by a transmitted wide- frequency sound signal when the weight placed on the suspended terminal exceeds a critical value so that the suspend terminals falls and touches the touch detector.(Fig. 2 illustrates measuring pads (213) positioned around a scale in order gather health data)(([attached machine translation, pg. 5], health measuring device (210) is a device measuring any one or more of various health parameters including body weight)(it is the examiner’s interpretation that this would indicate the measuring pads (213) acting as pressure detector)([attached machine translation, pg. 7] controller extracts unique code information for each health measurement which are provided to the DTMF module and transmitted through the speaker)
Regarding claim 10, Jang, as modified in view of Kumar, teaches the method according to claim 1. Jang further teaches comprising using one and only one host with at least one embedded wide-frequency sound signal receiver to receive at least one wide-frequency sound signal transmitted from at least one wide-frequency sound signal transmitter embedded in at least one fitness equipment respectively. ([attached machine translation, pg. 7], microphone of terminal receives the transmitted signal from the speaker)(Fig. 2 (220) is a terminal in the form of a mobile device such as a smartphone which the examiner interprets to be equivalent to a host)(it is the examiner’s interpretation that one of ordinary skill in the art would be reasonably motivated to implement the wide-frequency transmitters and receivers in the fitness equipment of Jang)
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang in view of Kumar and Sanders et al. (WO 2005019838 A1, “Sanders”).
Regarding claim 6, Jang, as modified in view of Kumar, teaches the method according to claim 5. Jang, as modified in view of Bandy may not explicitly teach further comprising deciding the relative motion between a certain wide-frequency sound signal transmitter and the wide-frequency sound receiver by analyzing the frequency variation of the wide-frequency sound signal transmitted therebetween by reference to the Doppler effect.
Sanders further comprising deciding the relative motion between a certain wide-frequency sound signal transmitter and the wide-frequency sound receiver by analyzing the frequency variation of the wide-frequency sound signal transmitted therebetween by reference to the Doppler effect.([pg. 3], transmitter transmits a wideband acoustic signal to the receiver which is configured to measure any doppler frequencies added to the transmit signal as a result of relative movement of the body)([pg. 6]motion of the swimmer is overlaid onto video imagery of the swimmer carrying the device in the pool)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic communications, before the effective filing date of the claimed invention, to modify the method of Jang, as modified in view of Kumar, to include the doppler frequency analysis of Sanders with a reasonable expectation of success, with the motivation of accounting for any changes in frequency of the received waves due to the doppler effect in order to accurately track the motion of the transmitter [pg. 3].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang in view of Kumar and Connellan et al. (US 20190113966 A1, “Connellan”).
Regarding claim 7, Jang, as modified in view of Kumar, teaches the method according to claim 5. Jang, as modified in view of Kumar, may not explicitly teach further comprising at least one of the following: deciding the relative distance variation between a certain wide-frequency sound signal transmitter and the wide-frequency sound signal receiver by analyzing the intensity variation of the wide-frequency sound signal transmitted therebetween by reference to the phenomena that the intensity is inversely proportional to the relative distance in the three-dimensional space; and deciding the relative distance between a certain wide-frequency sound signal transmitter and the wide-frequency sound signal receiver by analyzing the intensity variation of the wide-frequency sound signal transmitted therebetween by reference to the phenomena that the intensity is inversely proportional to the relative distance in the three-dimensional space if the default signal intensity of the certain wide-frequency sound signal transmitter is known.
Connellan teaches deciding the relative distance variation between a certain wide-frequency sound signal transmitter and the wide-frequency sound signal receiver by analyzing the intensity variation of the wide-frequency sound signal transmitted therebetween by reference to the phenomena that the intensity is inversely proportional to the relative distance in the three-dimensional space([0134], distance can be measured by determining the intensity of the returning wave)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic communications, before the effective filing date of the claimed invention, to modify the method of Jang, as modified in view of Kumar, to include the sound signal intensity analysis of Connellan with a reasonable expectation of success, with the motivation of determining the distance travelled by the wave which correlates to the distance between the transmitter and receiver [0134].
Claim(s) 11, 13, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanders in view of Kumar.
Regarding claim 11, Sanders discloses an intelligent fitness equipment, comprising: a fitness equipment having at least a stable assembly and a movable assembly(Fig. 1 (1); and a wide-frequency sound signal transmitter (Fig. 1 (1)), wherein the wide-frequency sound signal transmitter attached to the movable assembly, configured to transmit a wide-frequency sound signal that carries one or more properties of the movable assembly via one or more waveform variations. ([pg. 5], the signal comprises digital information that has been encoded and modulated onto a carrier signal)([pg. 6], the signal may be arranged to contain information related to the medical state of the swimmer through encoding)([pg. 8], wideband transmitter (1) may be attached to the body of a swimmer through straps) (it is the examiner’s interpretation that as the transmitter is designed to move in unison with the swimmer, it indicates that the transmitter may be considered movable. Additionally it is the examiner’s interpretation that the entire measurement system of fig. 1 including items (1)-(6) is considered fitness equipment) ([Pg. 3], the transmitter is a wideband transmitter)
Sanders may not explicitly teach wherein the operation frequency of the wide-frequency sound signal transmitter is chosen from a group consisting of the following: 20-48KHz, over 48KHz, and below 100kHz and any combination thereof.
Kumar teaches wherein the operation frequency of the wide-frequency sound signal transmitter is chosen from a group consisting of the following: 20-48KHz, over 48KHz and any combination thereof. ([pg. 17], in representative examples, methods use one or more wideband signals for ranging. Frequencies may include ranges from Hz to kHz, kHz to multiple kHz, tens of kHz, etc. and may include ultrasonic ranges as well, such as 40 kHz or higher)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic communications, before the effective filing date of the claimed invention, to modify the fitness equipment of Sanders, to include the operational frequency of Kumar with a reasonable expectation of success, with the motivation of making the system more resilient to ambient acoustic noise, rejecting echoes, and reducing sensitivity to resonances of the microphone and speakers [pg. 17-18].
Regarding claim 13, Sanders, as modified in view of Kumar teaches the intelligent fitness equipment according to claim 11. Sanders further teaches wherein the fitness equipment has a receiving terminal (Fig. 1 (4)), wherein a wide-frequency sound signal receiver is placed on the receiving terminal. ([Pg. 7], the receiver receives the wideband signal)
Regarding claim 17, Sanders discloses a method of monitoring human body; connecting a wide-frequency sound signal transmitter to a certain portion of a human body([pg. 8], wideband transmitter (1) may be attached to the body of a swimmer through straps); receiving one or more wide-frequency sound signals transmitted by the wide-frequency sound signal transmitter by using a wide-frequency sound signal receiver, wherein the one or more wide-frequency sound signals carry one or more properties of the certain portion of the human body via one or more waveform variations (Fig. 1 (4)), wherein a wide-frequency sound signal receiver is placed on the receiving terminal. ([Pg. 7], the receiver receives the wideband signal); and analyzing the received one or more wide-frequency sound signals to monitor the human body.([pg. 3], transmitter transmits a wideband acoustic signal to the receiver which is configured to measure any doppler frequencies added to the transmit signal as a result of relative movement of the body)
Sanders may not explicitly teach wherein the operation frequency of the one or more wide-frequency sound signal is chosen from the group consisting of the following: 20-48KHz, over 48KHz, and below 100 kHz and any combination thereof.
Kumar teaches wherein the operation frequency of the one or more wide-frequency sound signal is chosen from the group consisting of the following: 20-48KHz, over 48KHz and any combination thereof. ([pg. 17], in representative examples, methods use one or more wideband signals for ranging. Frequencies may include ranges from Hz to kHz, kHz to multiple kHz, tens of kHz, etc. and may include ultrasonic ranges as well, such as 40 kHz or higher)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic communications, before the effective filing date of the claimed invention, to modify the method of Sanders, to include the operational frequency of Kumar with a reasonable expectation of success, with the motivation of making the system more resilient to ambient acoustic noise, rejecting echoes, and reducing sensitivity to resonances of the microphone and speakers [pg. 17-18].
Regarding claim 18, Sanders, as modified in view of Kumar teaches the method according to claim 17. Sanders further teaches comprising attaching the wide- frequency sound signal transmitter to the chest of the human body([pg. 8], wideband transmitter (1) may be attached to the body of a swimmer through straps)(Fig. 1 illustrates wideband transmitter (1) being attached the chest of a swimmer) such that both the respiration rate and the breathing intensity are monitored by analyzing the received one or more wide-frequency sound signals to decide the motion and the movement of the wide-frequency sound signal transmitter. (implicit, [pg. 3], transmitter transmits a wideband acoustic signal to the receiver which is configured to measure any doppler frequencies added to the transmit signal as a result of relative movement of the body)(it is the examiner’s interpretation that the breathing motion and respiration of the swimmer would induce movement of the transmitter which would be reflected in the doppler frequencies determined by the receiver as part of the determination of relative motion of the body)
Regarding claim 19, Sanders, as modified in view of Kumar teaches the method according to claim 17. Sanders further comprising attaching one or more wide- frequency sound signal transmitters to one or more portions of the human body, so as to monitor continuously the human body by analyzing continuously the received one or more wide-frequency sound signals. ([pg. 8], wideband transmitter (1) may be attached to the body of a swimmer through straps)(Fig. 1 illustrates wideband transmitter (1) being attached the chest of a swimmer) ([pg. 3], transmitter transmits a wideband acoustic signal to the receiver which is configured to measure any doppler frequencies added to the transmit signal as a result of relative movement of the body)
Regarding claim 20, Sanders, as modified in view of Kumar teaches the method according to claim 17. Sanders further teaches comprising attaching a medical detector to the human body and connecting the wide-frequency sound signal transmitter to the detector such that one or more medical messages are sent by the wide-frequency sound signal transmitter at the format of the wide-frequency sound signal. ([pg. 8], wideband transmitter (1) may be attached to the body of a swimmer through straps)(Fig. 1 illustrates wideband transmitter (1) being attached the chest of a swimmer)([pg. 11], wideband transmitter may also include a heart rate monitor and encode data relating to the heartrate to the transmitter signal)
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanders in view of Kumar and Mason et al. (US 9071866 B2, “Mason”).
Regarding claim 14, Sanders, as modified in view of Kumar teaches the intelligent fitness equipment according to claim 11. Sanders, as modified in view of Kumar may not explicitly teach wherein the wide-frequency sound signal transmitter is embedded in a dongle with a battery set and a fixing element;
Mason teaches wherein the wide-frequency sound signal transmitter is embedded in a dongle with a battery set and a fixing element (Fig. 2 [column 2, lines 53-67], (3) illustrates a wireless audio/video transmitter embedded within a dongle assembly with an attachment means (1) for connecting the transmitter to a computing device. Device includes an internal rechargeable battery);
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic communications, before the effective filing date of the claimed invention, to modify the method of Sanders, as modified in view of Kumar to include the dongle, battery, and fixing element of Mason with a reasonable expectation of success, with the motivation of sending audio signals from a handheld device to a projection device [abstract].
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanders in view of Kumar and Gravenhorst et al. ("SonicSeat: design and evaluation of a seat position tracker based on ultrasonic sound measurements for rowing technique analysis." Journal of Ambient Intelligence and Humanized Computing 6 (2015): 613-622.).
Regarding claim 15, Sanders, as modified in view of Kumar teaches the intelligent fitness equipment according to claim 11. Sanders, as modified in view of Kumar may not explicitly teach further comprising at least one of the following: the fitness equipment is a spinning bike and the wide-frequency sound signal transmitter is attached to a pedal; the fitness equipment is a rowing machine and the wide-frequency sound signal transmitter is attached to an oar grip; the fitness equipment is a treadmill and the wide-frequency sound signal transmitter is attached to a track; the fitness equipment is a walking machine and the wide-frequency sound signal transmitter is attached to a pedal; and the fitness equipment is a walking machine and the wide-frequency sound signal transmitter is attached to a grip.
Gravenhorst teaches the fitness equipment is a rowing machine and the wide-frequency sound signal transmitter is attached to an oar grip; (Fig. 2 illustrates a rowing machine with an ultrasonic transmitter/receiver positioned behind the sliding seat.)(it is the examiner’s interpretation that one of ordinary skill in the art could reasonably apply the separate transmitter and receiver placement of Sanders to the oar handle of the rowing machine of Gravenhorst)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic communications, before the effective filing date of the claimed invention, to modify the intelligent fitness equipment of Sanders, as modified in view of Kumar, to include the transmitter disposition in an oar of a rowing machine of Gravenhorst with a reasonable expectation of success, with the motivation of monitoring the physical parameters of a rowing workout session.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanders in view of Kumar and Jang.
Regarding claim 16, Sanders, as modified in view of Kumar, the intelligent fitness equipment according to claim 11. Sanders, as modified in view of Bandy may not explicitly teach further comprising at least one of the following: the fitness equipment is a dumbbell and the wide-frequency sound signal transmitter is attached to a certain terminal of the dumbbell; the fitness equipment is a dumbbell and the wide-frequency sound signal transmitter is attached to a handle used to connecting one or more levels.
Jang teaches further comprising at least one of the following: the fitness equipment is a dumbbell and the wide-frequency sound signal transmitter is attached to a certain terminal of the dumbbell; the fitness equipment is a dumbbell and the wide-frequency sound signal transmitter is attached to a handle used to connecting one or more levels. ([attached machine translation, pg. 5-6), health measuring information device (210) may be a dumbbell that is equipped with a gyro sensor to measure the momentum of the dumbbell which can be sent via sound waves to the terminal)(it is the examiner’s interpretation that one of ordinary skill in the art could reasonably attach the wide-frequency transmitter of Sanders to the dumbbell handle of Jang)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic communications, before the effective filing date of the claimed invention, to modify the intelligent fitness equipment of Sanders, as modified in view of Kumar to include the transmitter disposition in dumbbell of Jang with a reasonable expectation of success, with the motivation of monitoring the physical parameters of an exercise session.
Response to Arguments
Applicant’s arguments, see Applicant’s Remarks, filed November 14th, 2025, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Jang in view of Kumar.
On pg. 3 of Applicant’s Remarks, Applicant argues that due to the alleged allowability of claim 1, claims 2, 4-5 and 8-10 are therefore in condition for allowance. As noted in the response to arguments with respect to claim 1, above, the rejection has been maintained, as necessitated by Applicant’s amendments, and similarly so are the rejections of claims 2, 4-5 and 8-10.
Applicant’s arguments, see Applicant’s Remarks, filed November 14th, 2025, with respect to the rejection(s) of claim(s) 11, 13, and 17-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sanders in view of Kumar.
On pg. 6 of Applicant’s Remarks, Applicant argues that due to the alleged allowability of claim 1, claim 14 is therefore in condition for allowance. As noted in the response to arguments with respect to claim 11, above, the rejection has been maintained, as necessitated by Applicant’s amendments, and similarly so is the rejection of claim 14.
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Vock et al. (U.S. Patent No. 7353137) which discloses a shoe-based weight measuring system that employs ultrasonic communication
Mendel (U.S. Patent Application No. 20040014567) which discloses a feedback system for monitoring and measuring physical exercise related information
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER RICHARD WALKER whose telephone number is (571)272-6136. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao can be reached on 571-270-3603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER RICHARD WALKER/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645