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
The following Office Action is in response to the RCE filed 06/16/2026. Claims 1-20 are pending in the application. Claims 1-20 have been examined as set forth below.
Claim Objections
Claim 4 is objected to because of the following informalities: the phrase “a threshold of a preferred foot” in line 4, needs to be changed to “the threshold of the preferred foot position”. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: the phrase “a threshold of a preferred foot” in line 5, needs to be changed to “the threshold of the preferred foot position”. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: the phrase “a threshold of a preferred foot” in line 4, needs to be changed to “the threshold of the preferred foot position”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 9 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Each of claims 1, 9 and 15, recites: “applying a nominal or zero force using the electromagnetic force generator while the foot of the user is in the first foot position”. However, it is unclear how the electromagnetic force generator is used/can “apply zero force”. For the purposes of examination, this limitation has been examined “as best understood”, whereby applying a zero force using the electromagnetic force generator has been considered as the electromagnetic force generator being disabled or stops applying force. Further clarification and appropriate corrections are respectfully requested. Claims 2-8, 10-14 and 16-20 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency upon claims 1, 9 or 15.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rubin et al. (US 2022/0001240 A1) in view of Shinomiya et al. (US. 2010/0262048 A1).
Regarding claims 1, 9, 15, Rubin teaches a method of operating/a non-transitory computer-readable medium, the computer-readable storage medium including instructions that when executed by a computer (¶ [175]-[178]), cause the computer to operate an exercise device system (Fig. 11) comprising an exercise device including at least one platform (i.e. 100, ¶ [58]) on which a user can stand (abstract, Fig. 2), and an electromagnetic force generator for generating an exercise force (i.e. motor 302, ¶ [59]), the at least one platform including force sensors (i.e. 126A-D, 128A-D, abstract, ¶ [60], [64], [68], [83], [86]), and one or more processors in use performing operations/the method comprising:
detecting a first foot position of a foot of the user/force distribution on the at least one platform using the force sensors of the at least one platform when the user is standing on the at least one platform with the at least one platform bearing the weight of the user, the first foot position/force distribution being outside of a threshold of a preferred foot position/force for a correct exercise form or execution while the user is standing on the at least one platform (Fig. 2, abstract, ¶ [53]-[54], [60], [64]-[65], [71]-[72], [86], [91], [93], the at least one platform includes one or more sensors for measuring a force applied to the top of the platform during performance of an exercise, such that as a user performs an exercise while at least partially supported by the exercise platform, the load cells measure the resulting force. In addition to providing feedback to control the dynamic force module, the exercise platform may also be used for other purposes including: monitoring changes to the center of pressure during an exercise to monitor and/or provide feedback on a user’s form and observing a user’s foot positioning during exercises); and controlling the electromagnetic force generator based on the first foot position/force distribution (¶ [53], [72], [89], [91], [97], [100], [110], [116], [123], claim 1, in certain implementations, the reactive force provided by the dynamic force module may vary depending on the position, speed, or acceleration applied by the user as measured by various sensors. The position, speed, and/or acceleration of the user may be determined using various sensors incorporated into the exercise platform or the dynamic force module itself. For example, in certain implementations, the exercise platform and/or dynamic force module may include one or more of potentiometers, accelerometers, encoders, switches, load cells, strain gauges, pressure pads, and other sensors for determining the position, orientation, speed, acceleration, loading, or other parameters of various components of the exercise platform and, as a result, the user. In certain implementations, pressure sensor, capacitive pads, mechanical switches, or similar components may be integrated into a surface of the exercise platform 1101. If the user subsequently steps off the platform, the exercise platform 1101 may automatically return to a safe state or otherwise modify the reactive for provided by the dynamic force module 1128. The motor system 1130 may also include a brake system for slowing, stopping, and/or locking the motor 1131 during operation).
Although Rubin can determine a user stepping on/off the at least one platform, user’s imbalance, favoring one foot over the other and having the correct exercise form or executing the exercises properly based on comparison of the output of the one or more sensors with a predetermined threshold, and control the motor based on the force sensor’s output (see above for details), Rubin does not specifically teach applying a nominal or zero force using the electromagnetic force generator while the foot of the user is in the first foot position; detecting movement of the foot of the user to a second foot position while the user remains standing on the at least one platform, the second foot position being within the threshold of the preferred foot position; and based on detecting movement of the foot of the user to the second foot position, applying a specified exercise force using the electromagnetic force generator.
Regarding claims 1, 9, 15, Shinomiya teaches a method for operating an exercise device including/a computer (18/180), caused to operate an exercise device/an exercise device system comprising: at least one platform (i.e. 200 with 21/22, Figs. 8 and 16) on which a user can stand (¶ [91]), and an electromagnetic force generator (i.e. 3/31 (motor), Figs. 8 and 13) for generating an exercise force (¶ [91], [107]), the at least one platform including force sensors (210/211 and 220/221), the method comprising:
detecting a first foot position of a foot of the user on the at least one platform using the force sensors of the at least one platform when the user is standing on the at least one platform with the at least one platform bearing the weight of the user (abstract, ¶ [91], [98], [116], [120], [125]-[133], [135]-[142], [144]-[145], [148], [151]-[152], the 2nd embodiment is configured to induce muscle activity of the exerciser and is designed for use by the exerciser in the standing posture), the first foot position being outside of a threshold of a preferred foot position (abstract, ¶ [125]-[142], [144], [148], [151]-[152], [162], the judgement unit 183 is configured to judge whether or not the exerciser is in a predetermined exercise position on the basis of the partial loads detected by each of the left foot load sensors 210 and 211 and each of the right foot load sensors 220 and 221, and determining the projected weight center of the exerciser);
applying a nominal or zero force using the electromagnetic force generator while the foot of the user is in the first foot position (abstract, ¶ [125]-[142], [144], [148], [162], the judgement unit 183 is configured to judge whether or not the exerciser is in a predetermined exercise position on the basis of the partial loads detected by each of the left foot load sensors 210 and 211 and each of the right foot load sensors 220 and 221, and determining the projected weight center of the exerciser. The control unit 180 stops the motor 31, to stop the left-footrest and the right-footrest when the judgement unit judges the exerciser is not in the exercise position (i.e., the user’s foot is in the first position, hence the motor applies zero force (stopped)). The control unit 180 does not activate the motor 31 for the exerciser’s safety while the judgement unit judges the exerciser is not in the exercise position. Hence the user is prevented from exercising. Also, if at the time the power switch of the exercise machine is turned on, the user’s feet are not in the predetermined exercise position (i.e., on the left footrest and the right footrest, respectively,) the control unit does not activate the motor (the user’s foot being in the first position). Furthermore, if the exerciser loses balance and leaves from the predetermined exercise position (user’s foot leaving the second position), the load detected by the load sensors can become less than a predetermined threshold, therefore, the judgement unit judges that the exerciser is out of the predetermined exercise position, this causes the control unit to stop the motor);
detecting movement of the foot of the user to a second foot position while the user remains standing on the at least one platform, the second foot position being within the threshold of the preferred foot position (abstract, ¶ [131]-[144], [148], The control unit 180 activates the motor 31 to restart the exercise when the exercisers returns to the predetermined exercise position (the user’s foot being at the second foot position), thereby enabling the user to exercise. In order to activate the exercise machine, the exerciser is required to stand in the predetermined exercise position.); and
based on detecting movement of the foot of the user to the second foot position, applying a specified exercise force using the electromagnetic force generator (abstract, ¶ [131]-[144], [148], [151]-[152], The control unit 180 activates the motor 31 to restart the exercise when the exercisers returns to the predetermined exercise position, thereby enabling the user to exercise. Upon modification of Rubin’s invention with features of Shinomiya, the electromagnetic force generator would apply a zero force (i.e., disabled), based on the user’s foot position being the first foot position (outside of a threshold of a preferred foot position) while the user is standing on the at least one platform, to prevent the user from performing an exercise and the electromagnetic force generator would be apply a specified exercise force based on the user’s foot position being the second foot position (moved within the threshold of the preferred foot position) while standing on the platform).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Rubin’s invention with applying a nominal or zero force using the electromagnetic force generator while the foot of the user is in the first foot position; detecting movement of the foot of the user to a second foot position while the user remains standing on the at least one platform, the second foot position being within the threshold of the preferred foot position; and based on detecting movement of the foot of the user to the second foot position, applying a specified exercise force using the electromagnetic force generator, as taught by Shinomiya in order to enable use of the device for various exercise and rehabilitation purposes and by various users with different health and fitness conditions including elderly users, and to further prevent the users from potential harm/injuries by performing exercises incorrectly (with incorrect posture/form), thereby providing for a safer device to use.
Regarding claims 2, 10 and 16, Rubin in view of Shinomiya teaches wherein the threshold of the preferred foot position is in a front-back direction of the at least one platform from a central exercise position on the at least one platform (Rubin: ¶ [60], [65]; Shinomiya: ¶ [99], [120], [122]).
Regarding claims 3, 11 and 17, Rubin in view of Shinomiya teaches wherein the exercise device further includes one or more lights (Rubin: i.e. 148A, 148B, ¶ [79]-[80], [143]), comprising: based on detecting the foot of the user in the first foot position (Shinomiya: ¶ [135]-[145], [148], [151]-[152], [154]), prompting movement of the foot of the user towards the preferred foot position using the one or more lights (Rubin: i.e. 148A, 148B, ¶ [79]-[80], [143]; upon modification of Rubin’s invention with features of Shinomiya, the one or more lights would prompt movement of a user’s foot towards an ideal foot position).
Regarding claims 4, 12 and 18, Rubin in view of Shinomiya teaches the method/operation/system further comprising: after applying the specified exercise force using the electromagnetic force generator, detecting movement of either foot of the user to a third foot position, the third foot position being outside of the threshold of a preferred foot position; and based on detecting movement of either foot of the user to the third foot position, applying a nominal or zero force using the electromagnetic force generator (Shinomiya: ¶ [125]-[142], [144], [148], [151]-[152], whenever movement of either foot of the user causes the user to be out of the predetermined exercise position (threshold of a preferred foot position)/or deviates from the prescribed range A (shown in Fig. 16), the motor is slowed or stopped, thereby the motor applies a nominal or zero force).
Regarding claims 5, 13 and 19, Rubin in view of Shinomiya teaches wherein the threshold of the preferred foot position is a threshold of alignment between the user's feet (Shinomiya: i.e. range A, Fig. 16, ¶ [135]-[145], [148], [151]-[152], [154]).
Regarding claims 6-7, Rubin in view of Shinomiya teaches wherein the threshold of alignment is in a front-back direction of the at least one platform (Shinomiya: ¶ [151], prescribed range A (Fig. 16) is a rectangle encompassing a front-back direction of the platform)/wherein the threshold of alignment is in a side-to-side direction of the at least one platform (Shinomiya: ¶ [151], prescribed range A (Fig. 16) is a rectangle encompassing a side-to-side direction of the platform).
Regarding claims 8, 14 and 20, Rubin in view of Shinomiya teaches wherein the exercise device further includes one or more lights (Rubin: i.e. 148A, 148B, ¶ [79]-[80], [143]), comprising: based on detecting the first foot position, prompting movement of one of the user's feet towards the other one of the user's feet using the one or more lights (Shinomiya: i.e. outside of range A, ¶ [135]-[145], [148], [151]-[152], [154], Shinomiya teaches determining/detecting the first foot position (out of threshold of alignment/range A); Rubin: ¶ [79]-[80], [143], Rubin teaches using lights to provide feedback/guidance for the user regarding his/her exercise form or execution and/or various other parameters. Upon modification of Rubin’s invention with features of Shinomiya, the one or more lights would prompt movement of one of a user’s feet towards the other one of the user’s feet based on the detected first foot position in order to encourage the user to exercise with the right form and correctly, thereby preventing the user from further injuries).
Response to Arguments
Applicant's arguments filed 06/16/2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding claims 1, 9 and 15, stating that Rubin and Shinomiya, alone or in combination, do not disclose the newly added limitations of these claims, as they do not teach or suggest the benefits that are recited in paragraphs 69-70 and 110 of applicant’s specification, the Examiner respectfully disagrees and would like to mention the following. None of the recited benefits regarding permitting a user to position a bar or handle at a desired exercise height before commencing the exercise, as well as terminating the exercise by stepping slightly forward or backward with one foot, irrespective of the height of the bar or handles, have been recited in the claims. None of the claims recite a bar or handles that can be positioned at a desired height. As such, applicant is arguing narrower than claimed. Furthermore, as shown above, Shinomiya teaches that whenever the user/exerciser is out of the predetermined exercise position, the motor is slowed and stopped. The user/exerciser can be out of a predetermined exercise position, when either of the user’s/exerciser’s foot position deviates/is out of prescribed range A (see above for details).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, such motivation is in the knowledge generally available to one of ordinary skill in the art.
Interview Request
Applicant is suggested to either formally file an interview request form or call the Examiner to schedule an interview prior to responding.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571)272- 4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHILA JALALZADEH ABYANEH/Primary Examiner, Art Unit 3784
