Detailed Action
This is the Final Rejection based on application 18/295,058 filed on 04/03/2023, and which claims as amended on 07/23/2025 have been considered in the ensuing 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 .
Priority
The instant application claims priority to provisional applications 63/362,341, and as such the earliest priority date of 04/01/2022 has been granted to the instant application.
Response to Amendment
The amendments have been sufficient to overcome the original claim objections, and rejections under 35 USC 112(b) present in the Non-Final Action.
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) 1-7,and 9-19, and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Srugo et al. US 20160346617 A1.
Regarding claim 1:
Srugo discloses a fitness system (“In accordance with the present disclosure there is provided a system for tracking workout related information” See paragraph [0006]) comprising: multiple pieces of exercise equipment (see figure 1; Srugo discloses at least a dumbbell and a weight stack) configured to be operated by users to perform different physical exercises therewith (“The system is not limited to any specific equipment, and can be used to track the weight used and number of repetitions performed on a variety of equipment, including, but not limited to, selectable weight stack machines, cable machines, barbells with removable weight plates, plate loaded machines, dumbbells, kettle bells and free weights.” See abstract), each of the multiple pieces of exercise equipment including an equipment sensor (tag 114) that senses equipment motion and outputs equipment sensor data according thereto (“The tags placed on the fixed weight may be passive tags or may incorporate sensors such as accelerometers and/or gyroscopes for detecting movement which can be used in determining movement of the fixed weight.” See paragraph [0034]); wearable devices (Wearable device 116,“Additionally or alternatively, it may be possible for the system to function with bracelets, or other wearable devices, of the user.” See paragraph [0034]), each associated with a different one of the users and including a user sensor that senses user motion that outputs user sensor data according thereto (“The information from equipment devices and bracelets may be received at a computing device and when a selectable weight plate machine is in use, as indicated by the repetition information, the expected movement associated with the machine can be compared to the bracelet movement of users in order to match a bracelet's movement to the machine.” See paragraph [0083].); and a computing system (see figure 1 which depicts multiple computers and computing devices, 120,126,128, connected to and communicating with the bracelet wearable and sensors in the exercise equipment) that cooperatively processes the equipment sensor data from the multiple pieces of exercise equipment and the user sensor data from the wearable devices(“The computing device 120 may be connected to a network 124, such as the Internet, which allows the computing device 120 to communicate with a networked computing device 126 that may receive and store workout related information associated with a user from the computing device 120.” See paragraph [0036]), and equipment attributes of the multiple pieces of exercise equipment to associate each of the users with a different one of the multiple pieces of exercise equipment being used thereby (“The selector pin unit 202a may include a NFC tag in order to identify the machine to a bracelet. Alternatively, the NFC tag 216 or other type of tag, if present on the machine may be used to identify the machine to the bracelet.” See paragraph [0048], and the examiner notes that the weight selector pin is part of the equipment attributes as defined by paragraph [0029] of the instant application’s specification, where it states that the attribute can include what type of exercise equipment is being used.) and, for each of the users, generate an exercise recommendation from the equipment sensor data from the one piece of exercise equipment being used thereby(“Further, the portable device 130 may include additional information, such as a workout plan that may allow improved repetition count detection by providing additional information such as which exercise the user is supposed to be performing based on a workout plan.” See paragraph [0042].The examiner notes that the computing system communicating with the exercise device, user wearable, sensors and data thereof, and providing the workout plan as to what exercise the user should be performing is the system generating and providing recommendations to the user); wherein for each user, the computing system transmits to the wearable device of the user the exercise recommendation generated therefor (See figure 1 and recitation of the computing system functions above which show that the function of the computing system is for each user interacting with the system); wherein each of the wearable devices provides a physical output according to the exercise recommendation transmitted thereto (“The bracelet may further include a display 250 or other output device for providing information to the user. Additionally, the display 250 may be a touch sensitive display to allow the user to interact with the bracelet.” See paragraph [0057]. The examiner notes that paragraph [0020] of the specification of the instant application states that the physical outputs can be “in one or more forms of visual, audible, or tactile outputs, or a combination thereof”); and wherein each of the multiple pieces of exercise equipment is configured for the user to perform an exercise having a path of motion (The examiner notes that this limitation is merely reciting the function of any piece of exercise equipment), and the equipment attribute of each of the multiple pieces of exercise equipment is the path of motion, orientation through the path of motion, or both (“The electronics of the weight stack selector device 202 may include various sensors that allow the weight stack selector device to determine, amongst other things, which weight stack has been selected. The various sensors may also allow the weight stack selector device 202 to determine, for example, how many repetitions have been performed, which user is using the machine, the proper range of motion, the correct speed, etc.” See paragraph [0046], where the range of motion, and correct speed, and the other parameters listed are part of the path of motion of the example weight stack machine).
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Regarding claim 2:
Srugo discloses a fitness system (“In accordance with the present disclosure there is provided a system for tracking workout related information” See paragraph [0006] comprising: a computing system in communication (“The computing device 120 may be connected to a network 124, such as the Internet, which allows the computing device 120 to communicate with a networked computing device 126 that may receive and store workout related information associated with a user from the computing device 120.” See paragraph [0036]) with a wearable device (bracelets 116) and multiple pieces of exercise equipment (“However, it is contemplated that the system 100 may be used in gyms that include a number of pieces of weight lifting equipment, in which case each piece of equipment, or at least a plurality of pieces of equipment, are equipped with respective weight stack selector devices 102 or removable weight plate devices 108.” See paragraph [0034] and figure 1), wherein the wearable device is associated with a user, includes a user sensor for detecting motion of the user, and outputs user sensor data according to the detecting of the motion of the user (“The system 100 may further comprise a bracelet 116, or wearable device, that is worn by the user and communicates with other components, such as the selectable weight stack device 102 or the removable weight plate device 108, in order to track workout information for a user” See paragraph [0033]), and wherein each one of the multiple pieces of exercise equipment is configured to be used by the user to perform an exercise therewith (This is a statement of the function of exercise devices in general, an exercise device is inherently for a person to perform exercise), includes an equipment sensor (tag 114) for detecting motion thereof, and outputs equipment sensor data according to the detecting of the motion thereof (“The tags placed on the fixed weight may be passive tags or may incorporate sensors such as accelerometers and/or gyroscopes for detecting movement which can be used in determining movement of the fixed weight.” See paragraph [0034]); wherein the computing system: receives the user sensor data from the wearable device and the equipment sensor data from the multiple pieces of exercise equipment (“The computing device 120 may be connected to a network 124, such as the Internet, which allows the computing device 120 to communicate with a networked computing device 126 that may receive and store workout related information associated with a user from the computing device 120.” See paragraph [0036] and figure 1); processes the user sensor data collected at a first time and the equipment sensor data collected from the multiple pieces of exercise equipment at the first time to associate the user with one of the multiple pieces of exercise equipment used by the user at the first time (“The equipment tag device on a fixed weight piece of equipment may track workout related information and communicate the information to a user's wearable device or may communicate the information to another computing device for storage and/or processing” See paragraph [0035]. The examiner notes that it is later stated in paragraph [0038] that the system includes the function of communicating with a user’s personal device as part of the computing system, which enables the processes to take place in real time or near real time, and therefore it includes a first initial time for data collection and analysis.), and equipment attributes of the multiple pieces of exercise equipment to associate the user with one of the multiple pieces of exercise equipment used by the user at the first time (“The selector pin unit 202a may include a NFC tag in order to identify the machine to a bracelet. Alternatively, the NFC tag 216 or other type of tag, if present on the machine may be used to identify the machine to the bracelet.” See paragraph [0048], and the examiner notes that the weight selector pin is part of the equipment attributes as defined by paragraph [0029] of the instant application’s specification, where it states that the attribute can include what type of exercise equipment is being used.); determines exercise information, exercise recommendations, or both from the equipment sensor data collected from the one piece of exercise equipment at the first time (“As described further below, the system for tracking workout related information allows tracking of workout related information including an amount of weight used and a number of repetitions performed across a wide variety of weight lifting equipment” See paragraph [0030]. The examiner notes that the inclusion of the phrase “or both” requires that only one out of the two options be presented, however, that Srugo later states the function of providing recommendations and feedback to the user(s)); and transmits the exercise information, the exercise recommendations, or both (See above recitations of the computing system transmitting data wirelessly, and figure 1 which depicts this process through the use of dashed lines); and wherein each of the multiple pieces of exercise equipment is configured for the user to perform an exercise having a path of motion (The examiner notes that this limitation is merely reciting the function of any piece of exercise equipment), and the equipment attribute of each of the multiple pieces of exercise equipment is the path of motion, orientation through the path of motion, or both (“The electronics of the weight stack selector device 202 may include various sensors that allow the weight stack selector device to determine, amongst other things, which weight stack has been selected. The various sensors may also allow the weight stack selector device 202 to determine, for example, how many repetitions have been performed, which user is using the machine, the proper range of motion, the correct speed, etc.” See paragraph [0046], where the range of motion, and correct speed, and the other parameters listed are part of the path of motion of the example weight stack machine).
Regarding claim 3:
Srugo discloses the fitness system according to Claim 2, wherein the wearable device provides a physical output according to the exercise information (“The bracelet may further include a display 250 or other output device for providing information to the user.” See paragraph [0057]), the exercise recommendations, or both (the examiner notes the use of the phrase “or both” only requires one of the preceding options), the physical output including one or more of a visual output ,an audible output, or a tactile output (“Additionally, the display 250 may be a touch sensitive display to allow the user to interact with the bracelet.” See paragraph [0057]. The examiner notes that the use of the phrase “one or more” requires only one of the options of the preceding list).
Regarding claim 4:
Srugo discloses the fitness system according to Claim 3, wherein the physical output includes an instruction according to the exercise information (“providing instructions to the user regarding at least one unperformed exercise of the workout plan;” See paragraph [0009]) directing the user to perform an action pertaining to the exercise currently being performed by the user (“The provided instructions may be user configurable and may include, for example telling the user the equipment to use, the exercise to perform, an amount of weight to use” See paragraph [0111]).
Regarding claim 5:
Srugo discloses the fitness system according to Claim 3, wherein the physical output includes an alert regarding the exercise recommendation, the exercise information, or both having been received by the wearable device (“The portable device 1700 is further configured to receive and compare workout related information from the bracelet to the exercise information (1728) and based on the comparison provide feedback (1730). The feedback may include motivational or informational feedback based on the comparison.” See paragraph [0111]. The examiner notes that later in paragraph [0113] that the functions discussed above in reference to a portable computing device are also capable of being completed by a wearable device as mention above in claims 3 and 2.).
Regarding claim 6:
Srugo discloses the fitness system according to Claim 2, wherein the computing system is in communication with another wearable device associated with another user (See rejection of claim 2 which details that the system is meant for multiple users working out on multiple machines), and the other wearable device includes another user sensor for detecting motion of the other user (see rejection of claim 2 where the wearable and equipment sensors are present for each user and exercise machine connected to the system), and outputs other user sensor data according to the detecting the motion of the other user (See rejection of claim 2); wherein the computing system: receives the other user sensor data from the other wearable devices (See rejection of claim 2); processes the other user sensor data collected at the first time and the equipment sensor data collected at the first time to associate the other user with another piece of the multiple pieces of exercise equipment being used by the other user at the first time (See rejection of claim 2); determines other exercise information (See rejection of claim 2), other exercise recommendations (See rejection of claim 2), or both for the other user from the other equipment sensor data collected from the other piece of exercise equipment at the first time (See rejection of claim 2); and transmits the other exercise information, the other exercise recommendations, or both (See rejection of claim 2).
Regarding claim 7:
Srugo discloses the fitness system according to Claim 6, wherein the computing system processes the user sensor data collected at a second time (“The bracelet stores 1020 the workout related information. If the bracelet is connected to a portable device, it may also communicate 1022 the workout related information to the portable device 130 in real-time or near real-time. “ See paragraph [0094]. The examiner notes that in real-time would include an initial instant and subsequent times during exercise.), the equipment sensor data collected from the multiple pieces of exercise equipment at the second time, and the equipment attributes (See rejection of claim 2, which claim 6 depends on, which discusses how the system collects the equipment attributes) to associate the user with another one of the multiple pieces of exercise equipment being used by the user at the second time (“The equipment tag device on a fixed weight piece of equipment may track workout related information and communicate the information to a user's wearable device or may communicate the information to another computing device for storage and/or processing.” See paragraph [0034]); determines second exercise information, second exercise recommendations, or both from the equipment sensor data collected from the other piece of exercise equipment at the second time (The examiner notes that as stated above in the rejection of claim 2, that the system is meant to and capable of monitoring multiple users on multiple machines in real-time); and transmits the second exercise information, the second exercise recommendations, or both (The examiner notes that as stated above in the rejection of claim 2, that the system is capable of providing feedback to multiple users on multiple machines in real-time).
Regarding claim 9:
Srugo discloses the fitness system according to Claim 2, wherein the computing system determines the exercise being performed by the user by comparing the user sensor data collected at the first time, to the equipment attributes of the multiple pieces of exercise equipment (“Aside from tracking workout related information, the system may also be used to provide feedback to the user in real-time, such as, but not limited to, the weights used and repetitions performed on a given exercise when a given exercise was previously performed by the user, a countdown that allows the user know when to perform the next set of a given exercise or the next exercise, an indication of available equipment, as well as auditory feedback or other feedback similar to what would be given by a personal trainer, such as encouragement or identification of possible problems with performing the exercise.” See paragraph [0030]).
Regarding claim 10:
Srugo discloses the fitness system according to Claim 2, wherein the user sensor data includes at least one of linear acceleration data or angular velocity data (“The functionality uses data from one or more of the sensors, and may include for example the output from accelerometers and gyroscopes.” See paragraph [0107]. The examiner notes that accelerometers measure linear acceleration and gyroscopes measure angular velocity).
Regarding claim 12:
Srugo discloses the fitness system according to Claim 2, wherein the wearable device and the multiple pieces of exercise equipment are associated with each other by the computing system without any direct interaction therebetween (The examiner notes that the data from the exercise machine is sent to the computer, while simultaneously the data from the wearable is sent to the computer for processing/analysis, and the user wearable has no functionality past displaying information from the computer regarding the exercise machine with the exercise machine, and that the exercise machine holds no functionality over the wearable other than to send data to the computing system, and communicate the analysis and feedback of the computer to the wearable as recited above in claim 2, shows that the wearable and exercise equipment are associated with each other by the computing system with no interaction therebetween).
Regarding claim 13:
Srugo discloses the fitness system according to Claim 2, wherein the computing system determines an exercise recommendation from the equipment sensor data collected from the one piece of exercise equipment at the first time (See figure 1 and rejection of claim 2 which outlines the process of the computing system receiving equipment sensor data from the tags of each respective piece of exercise equipment) and transmits the exercise recommendation to the wearable device associated with the one piece of exercise equipment at the first time (See figure 1 and the rejection of claim 2), the exercise recommendation including information about another exercise for the user to perform at a future time (“If the processing the workout related information indicates that an exercise has been completed, the feedback may include information on a subsequent exercise to perform, which in turn may be determined by the portable device using a workout plan.” See paragraph [0040]).
Regarding claim 14:
Srugo discloses the fitness system according to Claim 2, further comprising the wearable device (see rejection of claim 2).
Regarding claim 15:
Srugo discloses the fitness system according to Claim 2, further comprising the multiple pieces of exercise equipment (See rejection of claim 2).
Regarding claim 16:
The fitness system according to Claim 2, comprising the wearable device and the computing system (See rejection of claim 2); wherein the computing system determines a user the exercise being performed by the user by comparing the user sensor data collected at the first time (See rejection of claim 2), to the equipment attributes of the multiple pieces of exercise(“Aside from tracking workout related information, the system may also be used to provide feedback to the user in real-time, such as, but not limited to, the weights used and repetitions performed on a given exercise when a given exercise was previously performed by the user, a countdown that allows the user know when to perform the next set of a given exercise or the next exercise, an indication of available equipment, as well as auditory feedback or other feedback similar to what would be given by a personal trainer, such as encouragement or identification of possible problems with performing the exercise.” See paragraph [0030]), the equipment attributes for each of the multiple pieces of the exercise equipment including one or more equipment exercises that may be performed thereby (See above recitation of paragraph [0030] and rejection of claim 2 where the tag sensor in each exercise machine allows the system to identify which machine is being used.); wherein the wearable device provides a physical output according to the exercise information (“The bracelet may further include a display 250 or other output device for providing information to the user.” See paragraph [0057], the exercise recommendations, or both, the physical output including one or more of a visual output, an audible output, or a tactile output (See citation of paragraph [0057] above, where the display provide a visual output), and wherein the physical output includes an instruction according to the exercise information directing the user to perform an action pertaining to the exercise currently being performed by the user (“Based on the comparison the functionality may provide instructions or feedback to the user for their workout, such as a number of remaining repetitions for a certain exercise, or the next exercise to be performed.” See paragraph [0038]); and wherein the wearable device and the multiple pieces of exercise equipment are associated with each other by the computing system without any direct interaction therebetween (The examiner notes that the data from the exercise machine is sent to the computer, while simultaneously the data from the wearable is sent to the computer for processing/analysis, and the user wearable has no functionality past displaying information from the computer regarding the exercise machine with the exercise machine, and that the exercise machine holds no functionality over the wearable other than to send data to the computing system, and communicate the analysis and feedback of the computer to the wearable as recited above in claim 2, shows that the wearable and exercise equipment are associated with each other by the computing system with no interaction therebetween).
Regarding claim 17:
Srugo discloses a fitness system (system 100) comprising: a computing system (“The computing device 120 may be connected to a network 124, such as the Internet, which allows the computing device 120 to communicate with a networked computing device 126 that may receive and store workout related information associated with a user from the computing device 120.” See paragraph [0036] and figure 1) that: receives user sensor data collected with multiple wearable devices individually associated with different users and equipment sensor data collected with exercise equipment (“As depicted in FIG. 1, a user may be assigned a bracelet 116 from a plurality of available bracelets 118 when starting their workout. When the bracelet is assigned, the computing device 120 retrieves an identifier associated with the bracelet, for example using the NFC reader 122, and associates the bracelet ID with the user, depicted schematically by dashed arrow 132, so that subsequent workout related information received by the computing device may be associated with the user” See paragraph [0039]), the exercise equipment including multiple pieces of the exercise equipment (“However, it is contemplated that the system 100 may be used in gyms that include a number of pieces of weight lifting equipment, in which case each piece of equipment, or at least a plurality of pieces of equipment, are equipped with respective weight stack selector devices 102 or removable weight plate devices 108” see paragraph [0034]); and cooperatively processes the user sensor data, the equipment sensor data, and equipment attributes (“The selector pin unit 202a may include a NFC tag in order to identify the machine to a bracelet. Alternatively, the NFC tag 216 or other type of tag, if present on the machine may be used to identify the machine to the bracelet.” See paragraph [0048], and the examiner notes that the weight selector pin is part of the equipment attributes as defined by paragraph [0029] of the instant application’s specification, where it states that the attribute can include what type of exercise equipment is being used.) to associate each of the wearable devices at different times with one piece of the exercise equipment being used at the different times by each of the users associated with each of the wearable devices (“The tags placed on the fixed weight may be passive tags or may incorporate sensors such as accelerometers and/or gyroscopes for detecting movement which can be used in determining movement of the fixed weight. The equipment tag device on a fixed weight piece of equipment may track workout related information and communicate the information to a user's wearable device or may communicate the information to another computing device for storage and/or processing.” See paragraph [0034]); wherein the equipment attributes for each of the multiple pieces of the exercise equipment includes a path of motion of an exercise performed therewith or orientation through the path of motion (“The electronics of the weight stack selector device 202 may include various sensors that allow the weight stack selector device to determine, amongst other things, which weight stack has been selected. The various sensors may also allow the weight stack selector device 202 to determine, for example, how many repetitions have been performed, which user is using the machine, the proper range of motion, the correct speed, etc.” See paragraph [0046], where the range of motion, and correct speed, and the other parameters listed are part of the path of motion of the example weight stack machine).
Regarding claim 18:
Srugo discloses the fitness system according to Claim 17, wherein the user sensor data is collected by user motion sensors of the wearable devices (“The data and instructions stored in memory 1504, when executed by the processor 1502, configure the wearable device to provide functionality 1510 for determining exercise information from sensor data.” See paragraph [0107], and where it is later stated in the same paragraph that, “The functionality uses data from one or more of the sensors, and may include for example the output from accelerometers and gyroscopes.”), and the equipment sensor data is collected by equipment motion sensors of the exercise equipment (“In addition to determining the distance between the pin unit 302a and the floor unit 302b, the weight stack selector device 302 may also determine a number of repetitions of the exercise, as well as possibly a tempo associated with performing the exercise.” See paragraph [0064]); wherein the computing system cooperatively processes the equipment attributes with the user sensor data and the equipment sensor data to associate each of the wearable devices with the one piece of the exercise equipment (“a system for tracking workout related information comprising: a wearable device comprising: a wireless communication module; and a processor for executing instructions stored in memory, which when executed configure the wearable device to: identify a piece of workout equipment in close proximity to the wearable device; and receive workout information related to use of the identified piece of workout equipment; and an equipment device associated with the piece of workout equipment” See paragraph [0006] and figure 1), the equipment attributes being predefined characteristics of exercises performed with the exercise equipment (“The removable weight plate device may maintain weight information indicative of a current weight on the bar 112. As described in further detail below, as weight plates are added or removed, the weight associated with the equipment 112 may be updated by the removable weight plate device 108.” See paragraph [0042]); and wherein the computing system further processes the equipment sensor data to produce exercise information for the different times (“Aside from tracking workout related information, the system may also be used to provide feedback to the user in real-time,” See paragraph [0030] where real-time includes different on going time instances), and transmits the exercise information to the wearable devices associated with the exercise equipment at the different times (“The association may be provided in numerous ways, including for example a Bluetooth pairing process that establishes a wireless communication channel between the bracelet 116 and the portable device 130. Once the wireless communication channel is established, workout related information may be communicated from the bracelet 116 to the portable device 130. If the communication of workout related information is done in real-time, or near real-time it may be processed by the portable device 130 in order to provide real-time feedback to the user regarding their workout.” See paragraph [0040] and figure 1).
Regarding claim 19:
Srugo discloses the fitness system according to Claim 17, wherein the user sensor data is collected by user motion sensors of the wearable devices (“Additionally or alternatively, the bracelet 116 may track the repetition count information, using accelerometers and/or gyroscopes in the bracelet.” See paragraph [0042]), and the equipment sensor data is collected by equipment motion sensors of the exercise equipment (“The tags placed on the fixed weight may be passive tags or may incorporate sensors such as accelerometers and/or gyroscopes for detecting movement which can be used in determining movement of the fixed weight.” See paragraph [0034]).
Regarding claim 21:
Srugo discloses the fitness system according to Claim 17, wherein the computing system further processes the equipment sensor data to produce exercise information for the different times (“Aside from tracking workout related information, the system may also be used to provide feedback to the user in real-time,” See paragraph [0030] where real-time includes different on going time instances), and transmits the exercise information to the wearable devices associated with the exercise equipment at the different times (“The bracelet stores 1020 the workout related information. If the bracelet is connected to a portable device, it may also communicate 1022 the workout related information to the portable device 130 in real-time or near real-time.” See paragraph [0094], and figure 1 which depicts the system sending information to and from the wearable).
Regarding claim 22:
Srugo discloses the fitness system according to Claim 2, wherein each of the multiple pieces of exercise equipment includes a mechanical input that defines the path of motion (The examiner notes that the specification of the instant application defines the mechanical input in paragraphs [0052] and [0053] as the machine defined exercise motion, and therefore any exercise machine the user can use has a mechanical input), and for at least one of the multiple pieces of exercise equipment the mechanical input includes a linkage or a flexible cable (“The system is not limited to any specific equipment, and can be used to track the weight used and number of repetitions performed on a variety of equipment, including, but not limited to, selectable weight stack machines, cable machines, barbells with removable weight plates, plate loaded machines, dumbbells, kettle bells and free weights.” See paragraph [0030]. The examiner notes that weight stack machines, cable machines, plate loaded machines, and the other exemplary exercise machines listed that the system of Srugo can interact with all include mechanical inputs, and specifically the 3 mentioned above include either linkages or flexible cables.).
Regarding claim 23:
Srugo discloses the fitness system according to Claim 2, wherein each of the multiple pieces of exercise equipment includes a mechanical input that defines the path of motion (The examiner notes that the specification of the instant application defines the mechanical input in paragraphs [0052] and [0053] as the machine defined exercise motion, and therefore any exercise machine the user can use has a mechanical input), and for at least one of the multiple pieces of exercise equipment the mechanical input includes a linkage or a flexible cable (“The system is not limited to any specific equipment, and can be used to track the weight used and number of repetitions performed on a variety of equipment, including, but not limited to, selectable weight stack machines, cable machines, barbells with removable weight plates, plate loaded machines, dumbbells, kettle bells and free weights.” See paragraph [0030]. The examiner notes that weight stack machines, cable machines, plate loaded machines, and the other exemplary exercise machines listed that the system of Srugo can interact with all include mechanical inputs, and specifically the 3 mentioned above include either linkages or flexible cables.).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Srugo et al. US 20160346617 A1, and further in view of Malik US 10905916 B1.
Srugo teaches the invention as substantially claimed above. See rejections above.
Regarding claim 8:
Srugo discloses the fitness system according to Claim 6, wherein the computing system processes the user sensor data, the other user sensor data, and the equipment sensor data to the user with the one piece of exercise equipment at the first time and the other user with the other piece of exercise equipment at the second time (The examiner notes that the system has been stated to monitor, collect, process, and provide feedback to and from the multiple users while they utilize the various exercise machines a stated above in the rejection of claim 2 and as depicted in figure 1) .
Srugo fails to teach that its system utilizes machine learning.
Malik, however, teaches a device for logging exercise data which includes various sensors and a body to connect to an exercise machine, and further teaches that its analysis system uses machine learning (“The analysis module 306 may utilize one or more algorithms such as image processing algorithms and machine learning algorithms to estimate the weight. Further, the analysis module 306 may process raw weight and/or motion data to provide a more accurate estimate of weight and/or motion. The analysis module 306 may also predict the type of exercise based on the raw or processed weight and/or motion data and/or other available inputs.” See col. 8 lines 27-34.).
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 the system of Srugo to utilize machine learning as taught by Malik in order to analyze the various exercise parameters related to the exercise machine and the user performance collected from the sensors, as using machine learning to analyze exercise performance is a common practice in the filed of computer integrated exercise systems, and machine learning would allow the system to perform more complex and accurate analysis of the user as they exercise making the feedback provided by the system more accurate in turn.
Response to Arguments
Applicant's arguments filed 07/23/2025 have been fully considered but they are not persuasive. With respect to the arguments in regards to the rejection of independent claims 1,2, and 17 under 35 USC 102(a)(1) in view of the Srugo reference, the examiner respectfully disagrees. The newly amended limitations of the equipment attributes, and the path of motion of the exercise machine were not originally included in the claim limitation and required a new search and consideration of the art, and as a result the examiner maintains that these new limitations are taught by Srugo as discussed in the rejections above, in that since Srugo is a system meant to be used in combination with various exercise apparatus the system inherently gathers data related to the equipment attribute as it has been stated to be able to distinguish what type of exercise machine the user is exercising with, and furthermore each type of exercise machine noted in the discussion of Srugo above, includes the path of motion as defined by the specification of the instant application. Please see the new rejections presented above.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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/JONATHAN A DICUIA/ Examiner, Art Unit 3784
/Megan Anderson/ Primary Examiner, Art Unit 3784