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 .
Claim Objections
Claim 10 is objected to because of the following informalities: the reference numeral (16) present in the claim presumably should be deleted to conform with the spirit of amendments to the claims filed 8/7/2024, in which reference numerals have been deleted in all other instances.
Claim 14 is objected to because of the following informalities: There is a typographical error in line 1, “ergomenter” presumably should be --ergometer--. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kristiansen et al. (US PGPub. 2014/0379135). Kristiansen et al. describes the same invention as claimed, including:
Regarding claim 1, An ergometer (stationary bicycle B28, Fig. 14) comprising: a saddle (B134) whose support-point position is adjustable in height as well as in a length direction of the ergometer (height adjustment described in para. 68: “As shown generally in FIGS. 14, 15, 18, and 25 and in more detail in FIGS. 26-28, seat actuator B66 is positioned on frame B40. Seat actuator B66 provides a moveable platform on which seat slide assembly B102 is positioned. Seat actuator B66 includes, extending through a top guide B66 that helps maintain them in position, rods B76 for providing stability to the assembly, shaft B74 for effectuating movement, and cable tube B78 for routing of the various control and power cables needed for the motors, measuring devices, etc. A ball screw B72 is threadingly positioned at the end of shaft B74. Motor B80 of the seat actuator B66 is operably attached to shaft B74. The connection may be direct, via gearing, belt drive, or otherwise. Because of the threaded connection between the shaft B74 and the ball screw B72, when ball screw B72 is caused to rotate, shaft B74 moves along its length causing the top end of the seat actuator B66 (on which the seat slide assembly B102 is affixed) to move thereby repositioning the seat B134.”; and length adjustment shown in para. 66: “The seat B134 supports the user of the bicycle B28 in a riding position. As shown in detail in FIG. 17 and generally in FIGS. 32, 33, and 26, the seat B134 is attached to the frame B40 through seat slide assembly B102. Seat B134 is attached to a seat clamp B136 which is preferably a quick-release seat clamp to enable quick changing of the seat B134. The seat clamp B136 is attached to the seat slide assembly B102 via traveler B112 on carriage B110 that slidingly rests on rail B108. Carriage B110 can slide along the length of rail B108 which is affixed to the base B104 of the seat slide assembly B102. Motor B116 of the seat slide assembly B102 is operably attached to rotatable rod B114. The connection may be direct, via gearing, belt drive, or otherwise. When motor B116 is activated it causes rotation of rod B114 which is threadingly engaged to traveler B112. Because of the threaded engagement and non-rotatable securing of traveler B112 to carriage B110, rotation of the rod B114 causes the traveler 112 to move along the length of the rod B114 and movement of the seat B134.”), a handlebar (B138) whose position is adjustable in height as well as in a length direction of the ergometer (handlebar height adjustment described in para. 69: “As shown generally in FIGS. 14, 15, 18, and 25 and in more detail in FIGS. 26-27, handlebar actuator B84 is positioned on frame B40. Handlebar actuator B84 provides a moveable platform on which handlebar slide assembly B118 is positioned. Handlebar actuator B84 includes, extending through a top guide B86 that helps maintain them in position, rods B94 for providing stability to the assembly, shaft B92 for effectuating movement, and cable tube B96 for routing of the various control and power cables needed for the motors, measuring devices, etc. A ball screw B90 is threadingly positioned at the end of shaft B92. Motor B98 of the handlebar actuator B84 is operably attached to shaft B92. The connection may be direct, via gearing, belt drive, or otherwise. Because of the threaded connection between the shaft B92 and the ball screw B90, when ball screw B90 is caused to rotate, shaft B92 moves along its length causing the top end of the handlebar actuator B83 (on which the handlebar slide assembly B118 is affixed) to move thereby repositioning the handlebars B138.”; and handlebar length adjustment is described in para. 67: “The handlebars B138 are provided as a support for the arms of the user. As shown in detail in FIG. 29 and generally in FIGS. 32, 33, and 36, the handlebars B138 are attached to the frame B40 through handlebar slide assembly B118. Handlebars B138 are attached to a handlebar clamp B140 which is preferably a quick-release clamp to enable quick changing of the handlebars B138. The handlebar clamp B140 is attached to the handlebar slide assembly B118 via traveler B128 on carriage B126 that slidingly rests on rail B124. Carriage B126 can slide along the length of rail B124 which is affixed to the base 120 of the handlebar slide assembly 118. Motor 132 of the handlebar slide assembly B118 is operably attached to rotatable rod B130. The connection may be direct, via gearing, belt drive, or otherwise. When motor B132 is activated it causes rotation of rod B130 which is threadingly engaged to traveler B128. Because of the threaded engagement and non-rotatable securing of traveler B128 to carriage B126, rotation of the rod B130 causes the traveler B128 to move along the length of the rod B130 and movement of the handlebars B138.”), a pedal assembly whose crankshaft is mounted so as to be fixedly attached to the ergometer (a crank set B46), an operator that can set the saddle support-point position and the handlebar position and that has an internal controller that can automatically actuate the operator with a motor according to predetermined target values for the saddle support-point position and the handlebar position (para. 71: “Thus, the coordinated and controlled activation of the motor B60 of the base actuator B56, the motor B80 of the seat actuator B66, the motor B98 of the handlebar actuator B84, the motor B116 of the seat slide assembly, and the motor B132 of the handlebar slide assembly enables the power tilting of the frame B40, and X-Y adjustment of the positions of the seat B134 and handlebars B138. In other embodiments, other methods of power tilting (not shown) can be used.”), and a computing unit connected to the operator for calculating predetermined target values for the saddle support-point position and the handlebar position0091] In step 102, data associated with the user of the stationary bicycle is obtained. In one embodiment, if it is the first time the user tries the stationary bicycle, the data is typically anthropometric data pertaining to the leg length (e.g., measured at the crotch), the torso dimensions, the arm length of the user, and the shoulder width. In the embodiment including a camera, this anthropomorphic data can be obtained by the camera and provided directly to the system. Additional information, such as user restrictions (e.g., back pain, knee problems, or the like), may also be recorded. [0092] In another embodiment, in which the stationary bicycle is used in a training environment and the user already has a profile recorded in the stationary bicycle control system 50 (FIG. 5), the data obtained in step 102 is an identification of the user. By obtaining the identification of the user in step 102, the stationary bicycle control system 50 can load stationary bicycle dimensions as prerecorded in a user profile following a previous adjustment session. [0093] In step 104, the dimensions of the stationary bicycle are selected as a function of the user data obtained in step 102. More specifically, if the data is anthropometric in nature, the stationary bicycle control system obtains typical dimensions from statistical data tables relating anthropometric data of numerous users to average dimensions associated with such data. In another embodiment, the selected dimensions of the stationary bicycle are provided with a user profile. [0094] In step 106, the stationary bicycle is actuated to the selected dimensions using the various actuators described in FIGS. 1 to 5. In step 107, particularly useful when the stationary bicycle is used in a training environment, the stationary bicycle is ready for use. Step 107 is typically achieved if an adjustment fitting of the stationary bicycle was performed in a previous session.”).
Regarding claim 2, wherein the operator can adjust a crank length of the pedal assembly (para. 57: “Although not shown, the crank set 14 is preferably of the extendable type, in that the cranks can be adjusted to different lengths. One contemplated crank set system has the cranks pivotally off-center from the chain ring, so as to be adjustable to different crank lengths.”) according to a target value calculated in the computing unit from the ergonomic data captured by the external controller (Fig. 6, Fig. 10).
Regarding claim 3, wherein the external controller is a smartphone (Fig. 10).
Regarding claim 4, wherein the computing unit and the capture of the ergonomic data are realized in the form of an app on the smartphone (Fig. 10).
Regarding claim 5, wherein the computing unit is part of the internal controller (Fig. 5, para. 74: “The bicycle controller system 50 is used in all illustrated bicycle configurations, and is in communication with the actuators 24, 27, 31 and 34, as well as with the sensors 40, 41 and 42. The bicycle controller system 50 has a bicycle controller 51 that is a processing unit (PC, microprocessor, or the like). The bicycle controller 51 receives data from the power sensor 40, the cadence sensor 41 and the other sensors 42. In the embodiment wherein a camera is used to collect anthropomorphic data described below, the camera is also connected to the bicycle controller 51.”).
Regarding claim 6, wherein the operator has a first actuator for adjusting the saddle support-point position in a vertical direction of the ergometer (B80) and a second actuator (B116) for adjusting the saddle support-point position in a horizontal direction of the ergometer.
Regarding claim 7, wherein the first actuator (B116) is a linear actuator and the second actuator is a rotary actuator (B80, combined with B60 as described in paras. 70-71: “[0070] As best seen in FIG. 26, the seat actuator B66 is angled relative to perpendicular to the frame horizontal axis, and the handlebar actuator B83 is angled relative to perpendicular to the frame horizontal axis. [0071] Thus, the coordinated and controlled activation of the motor B60 of the base actuator B56, the motor B80 of the seat actuator B66, the motor B98 of the handlebar actuator B84, the motor B116 of the seat slide assembly, and the motor B132 of the handlebar slide assembly enables the power tilting of the frame B40, and X-Y adjustment of the positions of the seat B134 and handlebars B138. In other embodiments, other methods of power tilting (not shown) can be used.”).
Regarding claim 8, wherein the operator has a third actuator for adjusting a handlebar position in a vertical direction (B98) of the ergometer and a fourth actuator for adjusting the handlebar position in a horizontal direction (B132) of the ergometer.
Regarding claim 9, wherein the third actuator (B132) is a linear actuator and the fourth actuator is a rotary actuator (B98 combined with B60 as described in paras. 70-71: “[0070] As best seen in FIG. 26, the seat actuator B66 is angled relative to perpendicular to the frame horizontal axis, and the handlebar actuator B83 is angled relative to perpendicular to the frame horizontal axis. [0071] Thus, the coordinated and controlled activation of the motor B60 of the base actuator B56, the motor B80 of the seat actuator B66, the motor B98 of the handlebar actuator B84, the motor B116 of the seat slide assembly, and the motor B132 of the handlebar slide assembly enables the power tilting of the frame B40, and X-Y adjustment of the positions of the seat B134 and handlebars B138. In other embodiments, other methods of power tilting (not shown) can be used.”).
Regarding claim 13, wherein the external controller captures the inside leg length, the torso length, the body length, the arm length, the lower leg length, the upper leg length, the foot length, the effective foot length, the shoulder width and/or the weight of the person using the ergometer as ergonomic data (para. 91: “In step 102, data associated with the user of the stationary bicycle is obtained. In one embodiment, if it is the first time the user tries the stationary bicycle, the data is typically anthropometric data pertaining to the leg length (e.g., measured at the crotch), the torso dimensions, the arm length of the user, and the shoulder width. In the embodiment including a camera, this anthropomorphic data can be obtained by the camera and provided directly to the system.”).
Claim(s) 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Kristiansen et al. (US PGPub. 2014/0379135). Kristiansen et al. describes the same invention as claimed, including:
Regarding claim 14, A method of using an ergomenter (stationary bicycle B28, Fig. 14) having a frame (B40), a saddle (B134) supported on the frame and movable by actuators (B116, B80) horizontally and vertically, a handle bar (B138) supported on the frame and movable by actuators (B132, B98) horizontally and vertically, and a pedal assembly (B46) rotatable on the frame about an axis fixed on the frame, the method comprising the steps of; providing a controller on the frame connected to the actuators of the saddle and handle bar for operating same; recording anatomical parameters of a user of the device in a cell phone of the user (Fig. 10); transmitting the parameters wirelessly from the cell phone to the controller (Fig. 10); and the controller receiving the parameters and operating the actuators in accordance therewith to custom fit the ergometer to the user (Fig. 10, Fig. 6 and paras. 91-94: “[0091] In step 102, data associated with the user of the stationary bicycle is obtained. In one embodiment, if it is the first time the user tries the stationary bicycle, the data is typically anthropometric data pertaining to the leg length (e.g., measured at the crotch), the torso dimensions, the arm length of the user, and the shoulder width. In the embodiment including a camera, this anthropomorphic data can be obtained by the camera and provided directly to the system. Additional information, such as user restrictions (e.g., back pain, knee problems, or the like), may also be recorded. [0092] In another embodiment, in which the stationary bicycle is used in a training environment and the user already has a profile recorded in the stationary bicycle control system 50 (FIG. 5), the data obtained in step 102 is an identification of the user. By obtaining the identification of the user in step 102, the stationary bicycle control system 50 can load stationary bicycle dimensions as prerecorded in a user profile following a previous adjustment session. [0093] In step 104, the dimensions of the stationary bicycle are selected as a function of the user data obtained in step 102. More specifically, if the data is anthropometric in nature, the stationary bicycle control system obtains typical dimensions from statistical data tables relating anthropometric data of numerous users to average dimensions associated with such data. In another embodiment, the selected dimensions of the stationary bicycle are provided with a user profile. [0094] In step 106, the stationary bicycle is actuated to the selected dimensions using the various actuators described in FIGS. 1 to 5. In step 107, particularly useful when the stationary bicycle is used in a training environment, the stationary bicycle is ready for use. Step 107 is typically achieved if an adjustment fitting of the stationary bicycle was performed in a previous session.”).
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.
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kristiansen et al. (US PGPub. 2014/0379135) in view of Nelson et al. (US PGPub. 2018/0111017)
Regarding claim 10, Kristiansen et al. shows: wherein the operator adjusts a crank length of the pedal assembly and Although not shown, the crank set 14 is preferably of the extendable type, in that the cranks can be adjusted to different lengths. One contemplated crank set system has the cranks pivotally off-center from the chain ring, so as to be adjustable to different crank lengths.”).
As indicated by strikethrough above, Kristiansen et al. does not explicitly show an electric motor connected to the internal controller that adjusts the crank length.
Nelson et al., from the same field of endeavor, teaches that it is known in the art to employ a motor for automated adjustment of crank length in an exercise device (Nelson para. 35: “The controller 250 can also be communicatively coupled with one or more motors 108 for driving the adjustment mechanism (e.g., screw 106) of the crank assembly 100. The program instructions can cause the controller 250 to accept instructions for adjusting the crank assembly 100 via the user interface 258 and provide corresponding instructions and/or control signals to the motor(s) 108. For example, the controller 250 can cause motor 108 to rotate a respective screw 106 in order to increase/decrease the distance between the axle bracket 104 and the crank 102.”).
Before the effective filing date of the claimed invention, it would have been obvious to include the motorized crank adjustment taught by Nelson et al. on the device of Kristiansen et al. Doing so provides the predictable result of automating and customizing the fit of the exercise bicycle to the user precisely, including via a custom crank length to accommodate the user’s particular needs and optimize performance. Therefore, it would have been prima facie obvious to modify Kristiansen et al. as taught by Nelson et al. to obtain the invention as claimed.
Regarding claim 11, Nelson et al. teaches wherein the gear is self-locking and is a harmonic-drive gear or a worm gear (Nelson et al. Fig. 1). See rationale in claim 10 above for combining Nelson et al. and Kristiansen et al.
Regarding claim 12, Nelson et al. teaches wherein adjustment of both crank sides of the pedal assembly is realized synchronously and mirror-symmetrically (see Nelson et al. Fig. 5, illustrating that a single motor 208 is configured to adjust cranks associated with the first and second supports simultaneously). See rationale in claim 10 above for combining Nelson et al. and Kristiansen et al.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNDHARA M GANESAN whose telephone number is (571)272-3340. The examiner can normally be reached 9:30AM-5:30PM.
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/SUNDHARA M GANESAN/Primary Examiner, Art Unit 3784