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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/19/2026 has been entered.
Claims 1-15 have been examined.
Response to Arguments
Applicant's arguments filed 5/19/2026 have been fully considered but they are not persuasive.
Applicant argues:
“As Applicant previously pointed out, Lee focuses on adjusting the speed at which a user moves through a pre-defined virtual environment, including moving faster or slower up or down fixed virtual slopes. However, Lee does not teach the dynamic alteration of the visual characteristics of the environment, itself.
To clarify this point, the claims are amended by this response to recite modification of the "data model", which is not a mere rendering effect that occurs on the screen, as in Lee. That is, in contrast to Lee, the claimed invention changes the virtual world's fundamental definition. For example, the modification in accordance with the claimed invention may include altering a non- perspective property of an object in the data model so that there is an active modification of the virtual world's underlying properties. In contrast, Lee does not actively modify the underlying properties of the virtual environment, but instead merely performs passive rendering.”
Examiner initially notes that the amended claims now set forth that the visual representation is updated in one of three different manners (in the alternative) and therefore the prior art need only read on one of these three manners.
Regardless, Lee discloses:
“The calculated rotation speed is used to determine the moving speed of the bicycle in the virtual reality content…Subsequently, the step of generating virtual reality content associated with the indoor exercise device and reflecting the rotational speed of the device is performed (S30). The virtual reality content according to an embodiment is a virtual driving content in which a user drives a virtual bicycle course, and is configured to view surrounding background objects (roads, trees, animals, plants, etc.) while following the course from a first-person view of riding a bicycle…the speed of a bicycle running in virtual reality may be determined based on the calculated rotational speed of the device (pedal/wheel), that is, the faster the user presses the pedal of a fixed bicycle, which is an indoor exercise device, the virtual reality content The speed of the bike is also increased, and if the user presses the pedal slowly, the bike in the virtual reality moves slowly, so that real-time linkage between the exercise equipment and the virtual reality can be implemented”
Lee also discloses that:
“the content generation unit 50 is associated with the indoor exercise device 1 and is configured to generate augmented reality content reflecting the rotation speed of the device, and the head-mounted display 20 generates augmented reality content…Augmented Reality is implemented in the form of combining virtual images with the real world, and it can provide a new type of visual effect by simultaneously providing the user with the normal real world and virtual image information that does not exist there. For example, in augmented reality, detailed information about an object in the real world being viewed can be provided together as a virtual image, and a virtual object can be placed in the real world” (Translation Page 8; emphasis added).
Accordingly, it is Examiner’s position that, by generating virtual reality content or augmented reality content reflecting the rotational speed of the device, the device and method of Lee discloses at minimum that the appearance of objects are changed and objects are generated and placed into the simulation. For instance, as the user drives through the course, background objects are added/generated to create the virtual/augmented environment, giving the user the feeling of driving a bicycle in the real world. Furthermore, by speeding up the virtual environment the appearance of the objects change as the rider approaches and passes each of the background objects (e.g. the size of the objects appear larger as the virtual rider gets closer to them and may appear faster and with more of a blur/distortion if riding at high speeds).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
There is no support in the original disclosure for “actively modifying a property within the data model”.
The original disclosure supports the following:
“some of the parameters used in the visual representation of the virtual training world to visualize the intensity are the inclination in the direction that the participant is moving through the virtual training world and the speed, where the speed and/or the inclination e.g. will increase as the intensity increases. Alternative ways of illustrating an intensity change could be changing the appearance of objects being passed or maybe even adding objects based on the detected intensity”
“The inclination of the training surface and or moving speed of the training surface is then a function of the measured training intensity and is changed based on the intensity input. The intensity input could be measured by measuring the pulse of the participant, the power from the participant to the exercise device (such as cadence), RPM, resistance settings on the exercise device, etc.
“Alternative or additional ways of illustrating could be by adding objects based on the detected intensity or maybe even changing of objects”
“the image is updated according to an initial intensity with an initial speed and inclination, the impression of speed can e.g. be made by updating the image to create a visual impression that elements in the virtual world are being passed at a specific speed and similarly the impression of inclination is obtained by a visual impression that elements in the virtual world are being passed at specific angle
In other words, the virtual world is altered based on received data based on detected intensity (e.g. images are updated according to an initial intensity and the images can be updated to create an impression that elements are being passed a specific speed/inclination), but there is not disclosure of actively modifying the data model.
Claim Rejections - 35 USC § 102
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (KR 102161646; citations below are in reference to the provided translation of this document).
1. Lee discloses a computer-implemented method for providing an interactive training environment for athletic activities performed by a participant on an exercise machine the method comprising the steps of,
- receiving intensity data describing an intensity of an athletic activity being performed on said exercise machine (Speed: Page 4, Paragraphs 9-10);
- generating, using a computer, a virtual training world and displaying a visual representation of the virtual training world, the visual representation representing a participant position in the virtual training world (Page 5, Paragraphs 5-6)
- continuously updating, using the computer, the visual representation of the virtual training world based on said received intensity input, creating a visual impression that said participant is moving into the virtual training world with a speed or inclination corresponding to the received intensity input the visual representation of the virtual training world being continuously updated the step of continuously updating comprising actively modifying a property within the data model of the virtual training world as a direct function of a change in the received intensity data, the modification comprising at least one of:
- (a) altering a terrain property in the data model to define a steeper or flatter inclination,
- (b) altering a non-perspectival property of an object in the data model, the non- perspective property comprising at least color or texture of the object, or
- (c) generating and adding data for a new object to the data model (Page 6, Paragraph 5 and Page 8).
2. Lee discloses the method according to claim 1, wherein intensity input comprises intensity data measured on the exercise machine (Page 7, Paragraph 7).
3. Lee discloses the method according to claim 2, wherein intensity data measured on the exercise machine comprises data such as exercise speed or exercise resistance (Page 7, Paragraph 7).
4. Lee discloses the method according to claim 1,wherein intensity input comprises intensity data measured on the participant (Page 7, Paragraph 7).
5. Lee discloses the method according to claim 4, wherein the intensity data measured on the participant comprises physiological data such as heart rate and oxygen consumption (Page 7, Paragraph 7).
6. Lee discloses the method according to claim 1,wherein said intensity data is received by a computer performing said computer implemented method via wireless communication means (Fig 1).
7. Lee discloses the method according to claim 1, wherein a combination of intensity data being exercise speed and exercise resistance determines the speed at which the participant is moving into the virtual training world and the inclination in which the participant is moving into the virtual training world (Page 6, Paragraph 5 and Page 7, Paragraphs 3-5).
8. Lee discloses the method according to claim 1, wherein any change in intensity data result in a corresponding change in at least intensity or inclination in which the participant moves into the virtual training world (Page 6, Paragraph 5 and Page 7, Paragraphs 3-5).
9. Lee discloses the method according to claim 1, wherein predefined intervals of intensity are each linked to a specific speed or inclination with which the participant moves into the virtual training world (Page 6, Paragraph 5 and Page 7, Paragraphs 3-5).
10. Lee discloses the method according to claim 1, wherein the virtual training world illustrates a training surface (“terrain”) on which the participant moves into the virtual training world.
11. Lee discloses the method according to claim 9, wherein the training surface is at least partially color-coded or pattern-coded to match a corresponding specific speed or inclination (Page 8, Paragraphs 3 and 8-10).
12. Lee discloses the method according to claim 1,wherein the method besides representing a visual representation of the virtual training world also visually represents feedback indicia including at least one of total training time, time in interval, time remaining in workout, target intensity, exercise position, resistance level of the exercise device, actual participant RPM, actual participant heart rate, and actual participant wattage (Page 7, Paragraph 7).
13. Lee discloses the method according to claim 1,wherein the method further interprets said intensity data and associates it with a plurality of virtual training world features (Page 8, Paragraph 8).
14. Lee discloses a system for providing an interactive training environment for athletic activities performed by a participant on an exercise machine, such as a bike trainer, treadmill or a step machine, the system comprising:
a memory (40; Page 8, Paragraph 5); and
at least one processor, coupled to the memory (Page 8, Paragraph 5), operative to perform the steps of:
- receiving intensity data describing an intensity of an athletic activity being performed on said exercise machine (Speed: Page 4, Paragraphs 9-10);
- generating a virtual training world and displaying a visual representation of the virtual training world, the visual representation representing a participant position in the virtual training world (Page 5, Paragraphs 5-6);
- continuously updating, using the computer, the visual representation of the virtual training world based on said received intensity input, creating a visual impression that said participant is moving into the virtual training world with a speed or inclination corresponding to the received intensity input the visual representation of the virtual training world being continuously updated the step of continuously updating comprising actively modifying a property within the data model of the virtual training world as a direct function of a change in the received intensity data, the modification comprising at least one of:
- (a) altering a terrain property in the data model to define a steeper or flatter inclination,
- (b) altering a non-perspectival property of an object in the data model, the non- perspective property comprising at least color or texture of the object, or
- (c) generating and adding data for a new object to the data model (Page 6, Paragraph 5 and Page 8).
15. Lee discloses a machine readable storage medium containing one or more programs for performing a method of providing an interactive training environment for athletic activities according to claim 1 (Page 5, Paragraph 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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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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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 7/1/2026