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 .
Examiner’s Comments
Claims 1 and have been amended by applicant.
Claims 1-20 remain rejected.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/31/2025 has been entered.
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.
Claims 1-6, 8-13, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Warren (PG Patent Publication No. US20220040535A1), in view of Chiang (PG Patent Publication No. US20060063645A1).
Regarding claim 1, Warren shows a system for controlling an exercise device (Warren, “a system 200 for exercise including an interchangeable resistance device. The system 200 includes two example setups 210A and 210C, including a trainer 212A and an outdoor cycle 212C, respectively, as well as a game server 220, and a resistance device 211”, paragraph 0032) the system comprising: a computing device (Warren, “The game server 220 is a computing device (and may be many computing devices) that includes a client API 222, data storage 224, a world server 226, and a login function 228”, paragraph 0049; The game server of Warren shows the computing device of the claimed invention) comprising: a processor executing software which when executed by the processor generates a virtual world in which exercise is simulated (Warren, “The world server 226 is game server software that operates on the game server 220 to enable the game engines 214A and 214C to present a game world to a rider, user, or exercising individual”, paragraph 0052; The world server 226 shows the processor of the claimed invention), a second communications interface for communicating with accessory devices (Warren, “The login function 228 enables users of the control devices 213A and 213C to connect to the game server 220 to engage in exercise or otherwise download or upload data”, paragraph 0053; The login function 228 of Warren shows the second communications interface of the claimed invention), and a third communications interface for communicating with resistance devices (Warren, “The world server 226 may take many forms, but it is a server service to which the control devices 213A and 213C (and others) can connect to enable interaction with one another. Data provided by the world server 226 may be used by the control devices 213A and 213C (and others) to adjust the resistance based upon data passed between devices using the client API 222 (e.g. a rider is on a hill, so the resistance should be increased or the class is in a sprint section, so resistance should be increased, etc.)”, paragraph 0052; The client API of Warren shows the third communications interface of the claimed invention); a resistance device (Warren, resistance device 211, paragraph 0032), including a fourth communications interface for communicating with the computing device, the resistance device for applying resistance to an exercising individual operating the exercise device as directed by the software (Warren, “The resistance device dock 216A is a coupling, dock, receptacle or other detachable connection into which the resistance device 211 may mate… The coupling or docking itself preferably also causes electrical connections between the control device 213A and the resistance device 211 to be connected”, paragraph 0036; The resistance device dock 216 shows the fourth communications interface of the claimed invention).
Warren also discloses in paragraph 0043, “However, the control device 213C still interacts with the resistance device 211 to provide power (or resistance) to the hand cycle 212C. That may be under the control of the rider (e.g. through a user interface enabling direct control), through a routine or programming, or through detection of pedaling whereby pedal assist engages automatically”. Therefore, Warren discloses a user interface that allows for adjustment of the resistance, and consequently the resistance device 211, but not a device of the user interface that engages with the control devices game server 220.
More specifically, Warren fails to explicitly show a gear shifting remote control device, the gear shifting device remote control having a first communications interface for communicating with computing devices; wherein a gear shift instruction is transmitted using the first communications interface of the gear shifting remote control device to the second communications interface of the computing device; and wherein a resistance instruction, based upon the gear shift instruction is transmitted by the third communications interface to the fourth communications interface of the resistance device.
However, Chiang, from the same field of endeavor, discloses in paragraph 0026, “a treadmill (20) as an illustrated example to the invented multifunctional virtual-reality fitness equipment (10) of the invention, the runner may accord user's interface instructions displayed on the display (32) of personal computer (30) by operating certain pushbutton (212) on the detachable interactive manipulator (21) to select a suitable mode of exercise conditions or requirements to himself or herself.” Chiang also discloses various multifunctional virtual-reality fitness equipment such as an internet virtual simulation exercise bike and a rowing machine, each electronically connected with the personal computer for the same purpose of providing a virtual simulation and for adjusting resistance with the detachable interactive manipulator.
Chiang teaches a gear shifting remote control device (Chiang, “the ST72651 single-chip microcontroller (214) of the detachable interactive manipulator (21) shall be installed on and worked with driving control circuit module (215) designed for the invention, and shall be set on software program designed to convert digital command to analogue signal through D/A output ports, so that the detachable interactive manipulator (21) of the invention enable to make torque control or speed control to motor(s) or electric motor(s) installed on the fitness equipment (20)”, paragraphs 0030; The detachable interactive manipulator 21 of Chiang teaches the gear shifting remote control device of the claimed invention. The detachable interactive manipulator is shown to be separate from the treadmill in FIG. 3, thereby teaching the gear shifting control device to be remote as well), the gear shifting device remote control having a first communications interface (Chiang, “the detachable interactive manipulator (21) possesses a communication function of USB1.1 with transmission speed of 12 Mbps, and has sixteen sets of digital input, sixteen sets of digital output, eight A/D input ports, and two D/A output ports”, paragraph 0029; The communication function USB1.1 of Chiang teaches the first communications interface of the claimed invention).
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included the personal computer of Chiang, with the processing unit, the display, the detachable interactive manipulator, and the USB transmission line to the system of Warren as Warren already discloses a game server and a user interface in paragraph 0043. The game server of Warren is a persistent online multiplayer game which enables users to engage in exercise with one another and instructs the control devices to alter the resistance applied by the resistance device. Warren generally discloses a user interface but simply fails to provide a device that allows users to engage with the control device via the game server. Chiang explicitly discloses the device for individual exercise mode and multiplayer on-line competitions, making this modification obvious.
Furthermore, the gear shifting remote control device of the claimed invention having a first communications interface for communicating with computing devices is therefore taught by Warren, in view of Chiang, as Chiang discloses the ST72651 single-chip microcontroller that allows the detachable interactive manipulator to make torque control or speed control to motors or electric motors installed on the fitness equipment as Chiang. Therefore, the game server of Warren, that is able to instruct and receive signals from the detachable interactive manipulator of Chiang.
Furthermore, as established above, the game server of Warren is remotely controlled by the detachable interactive manipulator of Chiang, and “The game server 120 may connect to the control devices 113A-113D through a network 150 (discussed below). The game server 120 may be a persistent online multiplayer game that enables users to engage in exercise with one another” (Warren, paragraph 0027). Therefore, the detachable interactive manipulator of Chiang must transmit an instruction/signal via the communication function of USB1.1 of Chiang to the login function of the control devices of Warren, thereby teaching the limitation of the claimed invention “wherein a gear shift instruction is transmitted using the first communications interface of the gear shifting remote control device to the second communications interface of the computing device” of the claimed invention. And given “The game server 120 may instruct the control devices 113A-113D to alter the resistance applied by the resistance device 111… so that the resistance matches the exertion necessary for a user's avatar in the virtual game world”, the user interface of the computing device of Warren must transmit an instruction/signal to the resistance device dock of the resistance device of Warren. Therefore, Warren, in view of Chiang, teaches “a resistance instruction, based upon the gear shift instruction is transmitted by the third communications interface to the fourth communications interface of the resistance device” of the claimed invention.
Regarding claim 2, Warren, in view of Chiang, teaches the system of claim 1 wherein the resistance instruction sent by the third communications interface to the fourth communications interface is first translated from the gear shift instruction into a succession of resistance settings for the resistance device to simulate a selected one of: a gear shift, application of a brake, and a texture of a road or environment within the virtual world simulated by the software, or the resistance instruction comprises the gear shift instruction (Warren, “The resistance device 211 is in most cases, in essence, an electric motor. When it is installed into the trainer 212A it is useful to provide motive power in opposition to a rider of the associated cycle. That resistance can be used to simulate wind, hills, or different types of roads (e.g. mud is harder than asphalt to ride upon)”, paragraph 0042, and “In the game world, hills may cause a control device 213A (see FIG. 2, above) to increase the resistance applied to the trainer 212A to simulate that hill”, paragraph 0060; The succession of resistance settings for the resistance device simulating a texture of a road, or an environment within the virtual of the claimed invention is shown by the resistance device of Warren simulating wind, hills, types of roads, and hills. For example, the application of the resistance device to simulate climbing a hill requires a gradual increase in resistance so that a user may feel the effects of the incline. Therefore, a succession of resistance settings is required to provide that simulation).
Regarding claim 3, Warren, in view of Chiang, teaches the system of claim 1 wherein the resistance device is a selected one of a bicycle trainer (Warren, trainer 212A, paragraph 0032). Warren also discloses in paragraph 0032, “The system 200 includes two example setups 210A and 210C, including a trainer 212A and an outdoor cycle 212C, respectively, as well as a game server 220, and a resistance device 211”.
Although in the examples of the devices of the system 200 of Warren specifically discloses a trainer and an outdoor cycle, the example system 200 of Warren fails to explicitly show an indoor bicycle, a resistance weight machine, and a treadmill.
However, the overall system 100 of Warren teaches an indoor bicycle (Warren, indoor bicycle 112B, paragraph 0019), a rowing machine (Warren, rower 112D, paragraph 0019), and a resistance weight machine (Warren, “weight machines that rely upon resistance rather than free weights”, paragraph 0020).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized any of the indoor bicycle, the rower, or the weight machines of Warren instead of the trainer and the outdoor bicycle as any of the listed devices of the overall system 100 “may be used in any one of the setups 110A-110D, which may be connected by a network 150 to a game server 120”. It would be obvious to switch the exercise devices based on user needs.
Furthermore, Chiang teaches a treadmill (Chiang, “treadmill 20”, paragraph 0026).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included a treadmill as one of the exercises devices disclosed by Warren as Warren already discloses in paragraph 0020, “The setups 110A-110D are exercise devices of various kinds… The options include… elliptical machines, stair stepper machines, and virtually any resistance exercise device”).
Regarding claim 4, Warren, in view of Chiang, teaches the system of claim 1 wherein the gear shift instruction is an instruction to change a gear ratio associated with the exercise device and being simulated by the resistance device as directed by the software to simulate exercise within the virtual world (Warren, “Data provided by the world server 226 may be used by the control devices 213A and 213C (and others) to adjust the resistance based upon data passed between devices using the client API 222 (e.g. a rider is on a hill, so the resistance should be increased or the class is in a sprint section, so resistance should be increased, etc.)”, paragraph 0052; Warren shows gear shift instruction being an instruction of changing of a gear ratio of the claimed invention with the adjustment of the resistance for a hill simulation because the specification of the claimed invention discloses in paragraph 0029, “The trainer 140A is in communication with the software operating on the computing device (e.g. in the display 111A) to alter the resistance applied as directed by the software. In the case of Zwift, the resistance may be increased as a rider’s virtual avatar ascends a hill within the game. Alternatively, the rider’s resistance may be decreased as a rider descends a hill, obtains a power-up, or drafts behind another rider. Braking or gear shifts may be simulated – as directed by the software – to correspond to signals indicating those changes. So, for example, the controller 130A may indicate to the software that a gear shift has been entered”).
Regarding claim 5, Warren, in view of Chiang, teaches the system of claim 1. Chiang teaches the gear shifting remote control device is a selected one of: a remote control (Chiang, “detachable interactive manipulator”; In the broadest reasonable interpretation of the claim, the detachable interactive manipulator teaches the remote control of the claimed invention), a video game controller (Chiang, “detachable interactive manipulator”), an electronic or manual gear-shifting lever or group of levers, and a specially-designed controller for use with at least one of the exercise device, resistance device, and the software (Chiang, “detachable interactive manipulator”; In the broadest reasonable interpretation of the claim, the detachable interactive manipulator teaches the specifically-designed controller of the claimed invention).
Regarding claim 6, Warren, in view of Chiang, teaches the system of claim 1 wherein the gear shift instruction received by the computing device is a selected one of: an indication of a particular gear selection to which to transition the resistance device; and an indication of either a desire to shift up or down one gear from a gear presently in use by the resistance device to another gear (Warren, “That resistance can be used to simulate wind, hills, or different types of roads (e.g. mud is harder than asphalt to ride upon)”, paragraph 0042; Warren shows the indication of either desire to shift up or shift down one gear with the adjustment of the resistance to simulate a type of road as the specification of the claimed invention discloses in paragraph 0092, “The instruction may be a selected one of: an indication of a particular gear selection to which to transition the resistance device, an indication of either a desire to shift up or down one gear from a presently-selected gear selection by the resistance device, a request to apply a selected amount of braking force by the resistance device, or a request to apply a selected intermittent signal, embodying a simulated road surface, by the resistance device”).
Regarding claim 8, Warren shows a system for controlling an exercise device (Warren, “a system 200 for exercise including an interchangeable resistance device. The system 200 includes two example setups 210A and 210C, including a trainer 212A and an outdoor cycle 212C, respectively, as well as a game server 220, and a resistance device 211”, paragraph 0032), the system comprising: a computing device (Warren, “The game server 220 is a computing device (and may be many computing devices) that includes a client API 222, data storage 224, a world server 226, and a login function 228”, paragraph 0049; The game server of Warren shows the computing device of the claimed invention) comprising: a processor executing software which when executed by the processor generates a virtual world in which exercise is simulated (Warren, “The world server 226 is game server software that operates on the game server 220 to enable the game engines 214A and 214C to present a game world to a rider, user, or exercising individual”, paragraph 0052; The world server 226 shows the processor of the claimed invention), a second communications interface for communicating with accessory devices (Warren, “The login function 228 enables users of the control devices 213A and 213C to connect to the game server 220 to engage in exercise or otherwise download or upload data”, paragraph 0053; The login function 228 of Warren shows the second communications interface of the claimed invention), and a third communications interface for communicating with resistance devices (Warren, “The world server 226 may take many forms, but it is a server service to which the control devices 213A and 213C (and others) can connect to enable interaction with one another. Data provided by the world server 226 may be used by the control devices 213A and 213C (and others) to adjust the resistance based upon data passed between devices using the client API 222 (e.g. a rider is on a hill, so the resistance should be increased or the class is in a sprint section, so resistance should be increased, etc.)”, paragraph 0052; The client API of Warren shows the third communications interface of the claimed invention); a resistance device (Warren, resistance device 211, paragraph 0032), including a fourth communications interface for communicating with a computing device, the resistance device for applying resistance to an exercising individual operating the exercise device as directed by the software (Warren, “The resistance device dock 216A is a coupling, dock, receptacle or other detachable connection into which the resistance device 211 may mate… The coupling or docking itself preferably also causes electrical connections between the control device 213A and the resistance device 211 to be connected”, paragraph 0036; The resistance device dock 216 shows the fourth communications interface of the claimed invention).
Warren also discloses in paragraph 0043, “However, the control device 213C still interacts with the resistance device 211 to provide power (or resistance) to the hand cycle 212C. That may be under the control of the rider (e.g. through a user interface enabling direct control), through a routine or programming, or through detection of pedaling whereby pedal assist engages automatically”. Therefore, Warren discloses a user interface that allows for adjustment of the resistance, and consequently the resistance device 211, but not a device of the user interface that engages with the control devices game server 220.
More specifically, Warren fails to explicitly show a remote control device, the remote control device having a first communications interface for communicating with computing devices; the second communications interface of the computing device further communicating with the remote control device; wherein a resistance altering instruction is transmitted using the first communications interface of the remote control device to the second communications interface of the computing device; and wherein a resistance instruction, based upon the resistance altering instruction is transmitted by the third communications interface to the fourth communications interface of the resistance device.
However, Chiang, from the same field of endeavor, discloses in paragraph 0026, “a treadmill (20) as an illustrated example to the invented multifunctional virtual-reality fitness equipment (10) of the invention, the runner may accord user's interface instructions displayed on the display (32) of personal computer (30) by operating certain pushbutton (212) on the detachable interactive manipulator (21) to select a suitable mode of exercise conditions or requirements to himself or herself.” Chiang also discloses various multifunctional virtual-reality fitness equipment such as an internet virtual simulation exercise bike and a rowing machine, each electronically connected with the personal computer for the same purpose of providing a virtual simulation and for adjusting resistance with the detachable interactive manipulator.
Chiang teaches a control device (Chiang, “the ST72651 single-chip microcontroller (214) of the detachable interactive manipulator (21) shall be installed on and worked with driving control circuit module (215) designed for the invention, and shall be set on software program designed to convert digital command to analogue signal through D/A output ports, so that the detachable interactive manipulator (21) of the invention enable to make torque control or speed control to motor(s) or electric motor(s) installed on the fitness equipment (20)”, paragraphs 0030; The detachable interactive manipulator 21 of Chiang teaches the control device of the claimed invention. The detachable interactive manipulator is shown to be separate from the treadmill in FIG. 3, thereby teaching the gear shifting control device to be remote as well), the gear shifting device remote control having a first communications interface (Chiang, “the detachable interactive manipulator (21) possesses a communication function of USB1.1 with transmission speed of 12 Mbps, and has sixteen sets of digital input, sixteen sets of digital output, eight A/D input ports, and two D/A output ports”, paragraph 0029; The communication function USB1.1 of Chiang teaches the first communications interface of the claimed invention).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included the personal computer of Chiang, with the processing unit, the display, the detachable interactive manipulator, and the USB transmission line to the system of Warren as Warren already discloses a game server and a user interface in paragraph 0043. The game server of Warren is a persistent online multiplayer game which enables users to engage in exercise with one another and instructs the control devices to alter the resistance applied by the resistance device. Warren generally discloses a user interface but simply fails to provide a device that allows users to engage with the control device via the game server. Chiang explicitly discloses the device for individual exercise mode and multiplayer on-line competitions, making this modification obvious.
Furthermore, the control device of the claimed invention having a first communications interface for communicating with computing devices is therefore taught by Warren, in view of Chiang, as Chiang discloses the ST72651 single-chip microcontroller that allows the detachable interactive manipulator to make torque control or speed control to motors or electric motors installed on the fitness equipment as Chiang. Therefore, the game server of Warren, that is able to instruct and receive signals from the detachable interactive manipulator of Chiang.
Furthermore, as established above, the game server of Warren is remotely controlled by the detachable interactive manipulator of Chiang, and “The game server 120 may connect to the control devices 113A-113D through a network 150 (discussed below). The game server 120 may be a persistent online multiplayer game that enables users to engage in exercise with one another” (Warren, paragraph 0027). Therefore, the detachable interactive manipulator of Chiang must transmit an instruction/signal via the communication function of USB1.1 of Chiang to the login function of the control devices of Warren, thereby teaching the limitation of the claimed invention “wherein a gear shift instruction is transmitted using the first communications interface of the control device to the second communications interface of the computing device” of the claimed invention. And given “The game server 120 may instruct the control devices 113A-113D to alter the resistance applied by the resistance device 111… so that the resistance matches the exertion necessary for a user's avatar in the virtual game world”, the user interface of the computing device of Warren must transmit an instruction/signal to the resistance device dock of the resistance device of Warren. Therefore, Warren, in view of Chiang, teaches “a resistance instruction, based upon the gear shift instruction is transmitted by the third communications interface to the fourth communications interface of the resistance device” of the claimed invention.
Regarding claim 9, Warren, in view of Chiang, teaches the system of claim 8 wherein the resistance instruction sent by the third communications interface to the fourth communications interface is first translated from the resistance altering instruction into a succession of resistance settings for the resistance device to simulate a selected one of: a gear shift, application of a brake, and a texture of a road or environment within the virtual world simulated by the software, or the resistance instruction comprises the resistance altering instruction (Warren, “The resistance device 211 is in most cases, in essence, an electric motor. When it is installed into the trainer 212A it is useful to provide motive power in opposition to a rider of the associated cycle. That resistance can be used to simulate wind, hills, or different types of roads (e.g. mud is harder than asphalt to ride upon)”, paragraph 0042, and “In the game world, hills may cause a control device 213A (see FIG. 2, above) to increase the resistance applied to the trainer 212A to simulate that hill”, paragraph 0060; The succession of resistance settings for the resistance device simulating a texture of a road, or an environment within the virtual of the claimed invention is shown by the resistance device of Warren simulating wind, hills, types of roads, and hills. For example, the application of the resistance device to simulate climbing a hill requires a gradual increase in resistance so that a user may feel the effects of the incline. Therefore, a succession of resistance settings is required to provide that simulation).
Regarding claim 10, Warren, in view of Chiang, teaches the system of claim 8 wherein the resistance device is a selected one of a bicycle trainer (Warren, trainer 212A, paragraph 0032). Warren also discloses in paragraph 0032, “The system 200 includes two example setups 210A and 210C, including a trainer 212A and an outdoor cycle 212C, respectively, as well as a game server 220, and a resistance device 211”.
Although in the examples of the devices of the system 200 of Warren specifically discloses a trainer and an outdoor cycle, the example system 200 of Warren fails to explicitly show an indoor bicycle, a resistance weight machine, and a treadmill.
However, the overall system 100 of Warren teaches an indoor bicycle (Warren, indoor bicycle 112B, paragraph 0019), a rowing machine (Warren, rower 112D, paragraph 0019), and a resistance weight machine (Warren, “weight machines that rely upon resistance rather than free weights”, paragraph 0020).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized any of the indoor bicycle, the rower, or the weight machines of Warren instead of the trainer and the outdoor bicycle as any of the listed devices of the overall system 100 “may be used in any one of the setups 110A-110D, which may be connected by a network 150 to a game server 120”. It would be obvious to switch the exercise devices based on user needs.
Furthermore, Chiang teaches a treadmill (Chiang, “treadmill 20”, paragraph 0026).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included a treadmill as one of the exercises devices disclosed by Warren as Warren already discloses in paragraph 0020, “The setups 110A-110D are exercise devices of various kinds… The options include… elliptical machines, stair stepper machines, and virtually any resistance exercise device”).
Regarding claim 11, Warren, in view of Chiang, teaches the system of claim 8 wherein the resistant altering instruction is an instruction to change a gear ratio associated with the exercise device and being simulated by the resistance device as directed by the software to simulate exercise within the virtual world (Warren, “The game server 120 may instruct the control devices 113A-113D to alter the resistance applied by the resistance device 111, for example, in view of a virtual, in-game avatar climbing up a hill or descending a hill, so that the resistance matches the exertion necessary for a user's avatar in the virtual game world”, paragraph 0027; Warren shows resistant altering instruction being an instruction of changing of a gear ratio of the claimed invention with the adjustment of the resistance for a hill simulation because the specification of the claimed invention discloses in paragraph 0029, “The trainer 140A is in communication with the software operating on the computing device (e.g. in the display 111A) to alter the resistance applied as directed by the software. In the case of Zwift, the resistance may be increased as a rider’s virtual avatar ascends a hill within the game. Alternatively, the rider’s resistance may be decreased as a rider descends a hill, obtains a power-up, or drafts behind another rider. Braking or gear shifts may be simulated – as directed by the software – to correspond to signals indicating those changes. So, for example, the controller 130A may indicate to the software that a gear shift has been entered”).
Regarding claim 12, Warren, in view of Chiang, teaches the system of claim 8 wherein the remote control device is a selected one of: a remote control (Chiang, “detachable interactive manipulator 21”; In the broadest reasonable interpretation of the claim, the detachable interactive manipulator teaches the remote control of the claimed invention), a video game controller (Chiang, “detachable interactive manipulator 21”), an electronic or manual gear-shifting lever or group of levers, and a specially-designed controller for use with at least one of the exercise device, resistance device, and the software (Chiang, “detachable interactive manipulator 21”; In the broadest reasonable interpretation of the claim, the detachable interactive manipulator teaches the specifically-designed controller of the claimed invention).
Regarding claim 13, Warren, in view of Chiang, teaches the system of claim 8 wherein the resistance altering instruction received by the computing device is a selected one of: an indication of a particular gear selection to which to transition the resistance device; an indication of either a desire to shift up or down one gear from a presently-selected gear selection by the resistance device (Warren, “That resistance can be used to simulate wind, hills, or different types of roads (e.g. mud is harder than asphalt to ride upon)”, paragraph 0042; Warren shows the indication of either desire to shift up or shift down one gear with the adjustment of the resistance to simulate a type of road as the specification of the claimed invention discloses in paragraph 0092, “The instruction may be a selected one of: an indication of a particular gear selection to which to transition the resistance device, an indication of either a desire to shift up or down one gear from a presently-selected gear selection by the resistance device, a request to apply a selected amount of braking force by the resistance device, or a request to apply a selected intermittent signal, embodying a simulated road surface, by the resistance device”); a request to apply a selected amount of braking force by the resistance device; a request to apply a selected intermittent signal, embodying a simulated road surface, by the resistance device.
Regarding claim 15, Warren shows a system for control of a resistance device (Warren, “a system 200 for exercise including an interchangeable resistance device. The system 200 includes two example setups 210A and 210C, including a trainer 212A and an outdoor cycle 212C, respectively, as well as a game server 220, and a resistance device 211”, paragraph 0032), the system comprising: the resistance device (Warren, resistance device 211, paragraph 0032) in communication with a computing device executing software to simulate a virtual environment in which exercise may take place with resistance for the exercise provided by the resistance device as directed by the software (Warren, “The resistance device dock 216A is a coupling, dock, receptacle or other detachable connection into which the resistance device 211 may mate… The coupling or docking itself preferably also causes electrical connections between the control device 213A and the resistance device 211 to be connected”, paragraph 0036; The resistance device dock 216 shows the fourth communications interface of the claimed invention); and the computing device comprising a processor and memory (Warren, “The game server 220 is a computing device (and may be many computing devices) that includes a client API 222, data storage 224, a world server 226, and a login function 228”, paragraph 0049; The game server of Warren shows the computing device of the claimed invention, and the data storage of Warren shows the memory of the claimed invention), the processor executing the software to generate the virtual environment in which a user may engage in the exercise (Warren, “The world server 226 is game server software that operates on the game server 220 to enable the game engines 214A and 214C to present a game world to a rider, user, or exercising individual”, paragraph 0052; The world server 226 shows the processor of the claimed invention).
Warren also discloses in paragraph 0043, “However, the control device 213C still interacts with the resistance device 211 to provide power (or resistance) to the hand cycle 212C. That may be under the control of the rider (e.g. through a user interface enabling direct control), through a routine or programming, or through detection of pedaling whereby pedal assist engages automatically”. Therefore, Warren discloses a user interface that allows for adjustment of the resistance, and consequently the resistance device 211, but not a device of the user interface that engages with the control devices game server 220.
More specifically, Warren fails to explicitly show a remote control, the remote control in communication with the computing device for providing resistance setting signals to the computing device; and wherein the resistance setting signals are translated by the computing device into a resistance control signals by the computing device which is then transmitted to the resistance device to alter the resistance applied by the resistance device.
However, Chiang, from the same field of endeavor, discloses in paragraph 0026, “a treadmill (20) as an illustrated example to the invented multifunctional virtual-reality fitness equipment (10) of the invention, the runner may accord user's interface instructions displayed on the display (32) of personal computer (30) by operating certain pushbutton (212) on the detachable interactive manipulator (21) to select a suitable mode of exercise conditions or requirements to himself or herself.” Chiang also discloses various multifunctional virtual-reality fitness equipment such as an internet virtual simulation exercise bike and a rowing machine, each electronically connected with the personal computer for the same purpose of providing a virtual simulation and for adjusting resistance with the detachable interactive manipulator.
Chiang teaches a control device (Chiang, “the ST72651 single-chip microcontroller (214) of the detachable interactive manipulator (21) shall be installed on and worked with driving control circuit module (215) designed for the invention, and shall be set on software program designed to convert digital command to analogue signal through D/A output ports, so that the detachable interactive manipulator (21) of the invention enable to make torque control or speed control to motor(s) or electric motor(s) installed on the fitness equipment (20)”, paragraphs 0030; The detachable interactive manipulator 21 of Chiang teaches the control device of the claimed invention. The detachable interactive manipulator is shown to be separate from the treadmill in FIG. 3, thereby teaching the gear shifting control device to be remote as well), the gear shifting device remote control having a first communications interface (Chiang, “the detachable interactive manipulator (21) possesses a communication function of USB1.1 with transmission speed of 12 Mbps, and has sixteen sets of digital input, sixteen sets of digital output, eight A/D input ports, and two D/A output ports”, paragraph 0029; The communication function USB1.1 of Chiang teaches the first communications interface of the claimed invention).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included the personal computer of Chiang, with the processing unit, the display, the detachable interactive manipulator, and the USB transmission line to the system of Warren as Warren already discloses a game server and a user interface in paragraph 0043. The game server of Warren is a persistent online multiplayer game which enables users to engage in exercise with one another and instructs the control devices to alter the resistance applied by the resistance device. Warren generally discloses a user interface but simply fails to provide a device that allows users to engage with the control device via the game server. Chiang explicitly discloses the device for individual exercise mode and multiplayer on-line competitions, making this modification obvious.
Furthermore, the game server of Warren is remotely controlled by the detachable interactive manipulator of Chiang, and “The game server 120 may connect to the control devices 113A-113D through a network 150 (discussed below). The game server 120 may be a persistent online multiplayer game that enables users to engage in exercise with one another” (Warren, paragraph 0027). Therefore, the detachable interactive manipulator of Chiang must transmit an instruction/signal via the communication function of USB1.1 of Chiang to the login function of the control devices of Warren, thereby teaching the limitation of the claimed invention “wherein a gear shift instruction is transmitted using the first communications interface of the control device to the second communications interface of the computing device” of the claimed invention. And given “The game server 120 may instruct the control devices 113A-113D to alter the resistance applied by the resistance device 111… so that the resistance matches the exertion necessary for a user's avatar in the virtual game world”, the user interface of the computing device of Warren must transmit an instruction/signal to the resistance device dock of the resistance device of Warren. Therefore, Warren, in view of Chiang, teaches “the resistance setting signals being translated into a resistance control signals, which is then transmitted to the resistance device to alter the resistance applied by the resistance device” of the claimed invention.
Regarding claim 16, Warren, in view of Chiang, teaches the system of claim 15 wherein the resistance control signals is an instruction causing the resistance device to simulate a selected one of: a gear shift, application of a brake, and a texture of a road or environment within the virtual world simulated by the software (Warren, “The resistance device 211 is in most cases, in essence, an electric motor. When it is installed into the trainer 212A it is useful to provide motive power in opposition to a rider of the associated cycle. That resistance can be used to simulate wind, hills, or different types of roads (e.g. mud is harder than asphalt to ride upon)”, paragraph 0042, and “In the game world, hills may cause a control device 213A (see FIG. 2, above) to increase the resistance applied to the trainer 212A to simulate that hill”, paragraph 0060; The succession of resistance settings for the resistance device simulating a texture of a road, or an environment within the virtual of the claimed invention is shown by the resistance device of Warren simulating wind, hills, types of roads, and hills. For example, the application of the resistance device to simulate climbing a hill requires a gradual increase in resistance so that a user may feel the effects of the incline. Therefore, a succession of resistance settings is required to provide that simulation).
Regarding claim 17, Warren, in view of Chiang, teaches the system of claim 15 wherein the resistance device is a selected one of a bicycle trainer (Warren, trainer 212A, paragraph 0032). Warren also discloses in paragraph 0032, “The system 200 includes two example setups 210A and 210C, including a trainer 212A and an outdoor cycle 212C, respectively, as well as a game server 220, and a resistance device 211”.
Although in the examples of the devices of the system 200 of Warren specifically discloses a trainer and an outdoor cycle, the example system 200 of Warren fails to explicitly show an indoor bicycle, a resistance weight machine, and a treadmill.
However, the overall system 100 of Warren teaches an indoor bicycle (Warren, indoor bicycle 112B, paragraph 0019), a rowing machine (Warren, rower 112D, paragraph 0019), and a resistance weight machine (Warren, “weight machines that rely upon resistance rather than free weights”, paragraph 0020).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized any of the indoor bicycle, the rower, or the weight machines of Warren instead of the trainer and the outdoor bicycle as any of the listed devices of the overall system 100 “may be used in any one of the setups 110A-110D, which may be connected by a network 150 to a game server 120”. It would be obvious to switch the exercise devices based on user needs.
Furthermore, Chiang teaches a treadmill (Chiang, “treadmill 20”, paragraph 0026).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included a treadmill as one of the exercises devices disclosed by Warren as Warren already discloses in paragraph 0020, “The setups 110A-110D are exercise devices of various kinds… The options include… elliptical machines, stair stepper machines, and virtually any resistance exercise device”).
Regarding claim 18, Warren, in view of Chiang, teaches the system of claim 15 wherein the remote control is a selected one of: a handlebar mounted remote, a video game controller (Chiang, “detachable interactive manipulator”), an electronic or manual gear-shifting lever or group of levers, and a specially-designed controller for use with at least one of the exercise device, resistance device, and the software (Chiang, “detachable interactive manipulator”; In the broadest reasonable interpretation of the claim, the detachable interactive manipulator teaches the specifically-designed controller of the claimed invention).
Regarding claim 19, Warren, in view of Chiang, teaches the system of claim 15 wherein the resistance setting signals instruction received by the computing device is a selected one of: an indication of a particular gear selection to which to transition the resistance device; an indication of either a desire to shift up or down one gear from a presently-selected gear selection by the resistance device (Warren, “That resistance can be used to simulate wind, hills, or different types of roads (e.g. mud is harder than asphalt to ride upon)”, paragraph 0042; Warren shows the indication of either desire to shift up or shift down one gear with the adjustment of the resistance to simulate a type of road as the specification of the claimed invention discloses in paragraph 0092, “The instruction may be a selected one of: an indication of a particular gear selection to which to transition the resistance device, an indication of either a desire to shift up or down one gear from a presently-selected gear selection by the resistance device, a request to apply a selected amount of braking force by the resistance device, or a request to apply a selected intermittent signal, embodying a simulated road surface, by the resistance device”); a request to apply a selected amount of braking force by the resistance device; a request to apply a selected intermittent signal, embodying a simulated road surface, by the resistance device.
Claim 7, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Warren (PG Patent Publication No. US20220040535A1), in view of Chiang (PG Patent Publication No. US20060063645A1), as applied to claim 6 above, and further in view of Barton (PG Patent Publication No. US20130059698A1). See claim objections above regarding the numbering of claims.
Regarding claim 7, Warren, in view of Chiang, teaches the system of claim 6, including the gear shift instruction, the computing device, and the resistance device.
Warren and Chiang fail to specifically teach the gear shift instruction being translated by the computing device before transmission to the resistance device into a selected one of: a numerical resistance to be applied by the resistance device; a percentage reduction or increase in resistance to be applied by the resistance device; and a numerical reduction or increase in resistance to be applied by the resistance device.
However, Barton, from the same field of endeavor, discloses in paragraph 0058, “A stationary exercise cycle including an environmental simulation system is disclosed herein. Specifically, embodiments of the present disclosure provide an exercise cycle the ability to simulate any of a number of different environmental conditions, including wind conditions. The simulation system may identify a wind speed and/or direction. Based on such wind conditions and the speed of the rider, air resistance may be determined. According to one embodiment, the determined air resistance may be transformed into a value that is correlated with a resistance setting of the exercise cycle”, and in paragraph 0072 “the means for adjusting the resistance assembly many include components (e.g., controller 102, memory/storage component 114) programmed with particular algorithms, tables, and the like that are used to determine simulated real-world resistance values”.
Barton teaches the gear shift instruction being translated by the computing device before transmission to the resistance device into a numerical resistance to be applied by the resistance device (Barton, “calculating a combined simulated power value using environmental factors such as gravity, friction, and air resistance. When the exercise device is being operated, a rotational speed may also be determined. The two values may, in turn, be input into a modeled equation produced using the method of FIG. 5 or in another manner, including a multi-dimensional lookup table, to obtain resistance value in act 332. The resistance value may then be applied to the exercise device in act 334”, paragraph 0125).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have specifically modified the control devices of Warren to translate the gear shift instruction, provided by the detachable interactive manipulator of Chiang, to a numerical resistance as taught by Barton because Warren already teaches the adjustment of the resistance device of Warren with the control device via game server. Warren simply fails to provide the specifics of the relay of the instructions provided by the control devices to the resistance device as disclosed by Barton.
Regarding claim 14, Warren, in view of Chiang, teaches the system of claim 13, including the resistance altering instruction, the computing device, and the resistance device.
Warren and Chiang fail to specifically teach the resistance altering instruction is translated by the computing device before transmission to the resistance device into a selected one of: a numerical resistance to be applied by the resistance device; a percentage reduction or increase in resistance to be applied by the resistance device; a numerical reduction or increase in resistance to be applied by the resistance device; a series of numerical resistances to be applied by the resistance device; and a waveform or portion thereof describing a variable resistance over a period of time to be applied by the resistance device.
However, Barton, from the same field of endeavor, discloses in paragraph 0058, “A stationary exercise cycle including an environmental simulation system is disclosed herein. Specifically, embodiments of the present disclosure provide an exercise cycle the ability to simulate any of a number of different environmental conditions, including wind conditions. The simulation system may identify a wind speed and/or direction. Based on such wind conditions and the speed of the rider, air resistance may be determined. According to one embodiment, the determined air resistance may be transformed into a value that is correlated with a resistance setting of the exercise cycle”, and in paragraph 0072 “the means for adjusting the resistance assembly many include components (e.g., controller 102, memory/storage component 114) programmed with particular algorithms, tables, and the like that are used to determine simulated real-world resistance values”.
Barton teaches the resistance altering instruction being translated by the computing device before transmission to the resistance device into a numerical resistance to be applied by the resistance device (Barton, “calculating a combined simulated power value using environmental factors such as gravity, friction, and air resistance. When the exercise device is being operated, a rotational speed may also be determined. The two values may, in turn, be input into a modeled equation produced using the method of FIG. 5 or in another manner, including a multi-dimensional lookup table, to obtain resistance value in act 332. The resistance value may then be applied to the exercise device in act 334”, paragraph 0125).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have specifically modified the control devices of Warren to translate the resistance altering instruction, provided by the detachable interactive manipulator of Chiang, to a numerical resistance as taught by Barton because Warren already teaches the adjustment of the resistance device of Warren with the control device via game server. Warren simply fails to provide the specifics of the relay of the instructions provided by the control devices to the resistance device as disclosed by Barton.
Regarding claim 20, Warren, in view of Chiang teaches the system of claim 19, including the resistance control signals, the computing device, and the resistance device.
Warren and Chiang fail to specifically teach the resistance control signals being translated by the computing device before transmission to the resistance device into a selected one of: a numerical resistance to be applied by the resistance device; a percentage reduction or increase in resistance to be applied by the resistance device; a numerical reduction or increase in resistance to be applied by the resistance device; a series of numerical resistances to be applied by the resistance device; and a waveform or portion thereof describing a variable resistance over a period of time to be applied by the resistance device.
However, Barton, from the same field of endeavor, discloses in paragraph 0058, “A stationary exercise cycle including an environmental simulation system is disclosed herein. Specifically, embodiments of the present disclosure provide an exercise cycle the ability to simulate any of a number of different environmental conditions, including wind conditions. The simulation system may identify a wind speed and/or direction. Based on such wind conditions and the speed of the rider, air resistance may be determined. According to one embodiment, the determined air resistance may be transformed into a value that is correlated with a resistance setting of the exercise cycle”, and in paragraph 0072 “the means for adjusting the resistance assembly many include components (e.g., controller 102, memory/storage component 114) programmed with particular algorithms, tables, and the like that are used to determine simulated real-world resistance values”.
Barton teaches the resistance control signals being translated by the computing device before transmission to the resistance device into a numerical resistance to be applied by the resistance device (Barton, “calculating a combined simulated power value using environmental factors such as gravity, friction, and air resistance. When the exercise device is being operated, a rotational speed may also be determined. The two values may, in turn, be input into a modeled equation produced using the method of FIG. 5 or in another manner, including a multi-dimensional lookup table, to obtain resistance value in act 332. The resistance value may then be applied to the exercise device in act 334”, paragraph 0125).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have specifically modified the control devices of Warren to translate the resistance control signals, provided by the detachable interactive manipulator of Chiang, to a numerical resistance as taught by Barton because Warren already teaches the adjustment of the resistance device of Warren with the control device via game server. Warren simply fails to provide the specifics of the relay of the instructions provided by the control devices to the resistance device as disclosed by Barton.
Response to Arguments
Applicant asserts “the Examiner’s rejection repeatedly points to examples of the prior art’s setting and communicating directly from a computing device (Element B) to a trainer (Element C) or directly from a remote control (Element A) to a trainer (Element C). Not one of the cited prior art discloses the configuration actually claimed, namely, an instruction given by a remote control (Element A), passing to a computing device (Element B), and then from the computing device (Element B) to the trainer (Element C). And, for this very basic reason, the proposed combination by the Examiner cannot render the present claims obvious”.
This argument is not persuasive. The examiner previously relied on the overall system 100 of Warren to teach the components in question, along within Min. However, the system 200 of Warren provides more detail with example setups/exercise devices than that of the overall system 100. The examiner now relies on system 200 of Warren to show the corresponding components of the claimed invention below, which is consistent with that of the overall system 100. The examiner simply expounds on the controls of Min. The examiner now relies on the detachable interactive manipulator of Chiang to teach the gear shifting remote control device, see chart below and 103 rejection above.
Claimed Invention
Warren (US20220040535A1)
Chiang
(US20060063645A1)
Gear shifting remote control device
Detachable interactive manipulator 21
First communications interface of gear shifting remote control device
Communication function of USB1.1 of the detachable interactive manipulator 21
Computing device
Game server 220
Processor of computing device
World server 226
Second communications interface of computing device
Login function 228
Third communications interface of computing device
Client API 222
Resistance device
Resistance device 211
Fourth communications interface of resistance device
Resistance device dock 216A
Applicant continues to assert “Furthermore, in each case, the Examiner’s application of which element in the references corresponds to which of Element A, Element B, and Element C appears to shift; depending on the paragraph. For example, the Examiner finds a remote control citing Warren at [0021] “the control devices 113A-113D [Element A] may instruct an associated resistance device [Element C] to provide resistance for a given exercise.” See OA at 3. This is exactly the prior art, direct communication described above. The Examiner then separately finds a computing device to complete the rejection citing Warren at [0054] “[t]he hardware and firmware components of the computing device 300 [Element B] may include various specialized units, circuits, software, and interfaces for providing the functionality and features described herein” (see OA at 3), treating the computing device and remote control as a single desired element – in this case, the “remote control” of claim 1. This is inappropriate”.
This argument is not persuasive. The rejection of the previous office action citing mainly the overall system 100 remains consistent with the mapping of components for Warren and Min with that of the claimed invention seen in the chart above. Moreover, the examiner has not relied on Warren to teach the remote control of the claimed invention. The examiner relied on Min to teach the remote control of the claimed invention in the previous office action.
Applicant continues to assert “The Examiner is not entitled to flip back and forth claiming the “remote control” (Element A) of Warren performs the functions clearly attributed to the computing device (Element B) as needed to meet a limitation in a claim. These aspects disclosed in the Warren reference are plainly not the same. One is a remote control (Element A) – communicating directly with the trainer (Element C, not the computing device, Element B), and another is a computing device (Element B), again communicating directly with the trainer (Element C)”.
This argument is not persuasive. See examiner response to previous assertion above.
Applicant continues to assert “Finally, the claims require a distinct structure of communications interfaces (a first, a second, a third, and a fourth). As the undersigned reads the recent rejection, the Examiner has arguably found the first communication interface which should be present in the remote control (Element A) instead in a computing device (Element B) that includes “software that increases and decreases resistance” (citing to claim 7 of Warren, OA at 3), then a second communications interface that includes a computing device (again, Element B) that may perform the functions described therein (citing to paragraph [0054] of Warren, OA at 3), then a third communications interface in a computing device (Element B) (again citing to paragraph [0054] and also [0021] of Warren, OA at 3), and then a fourth communications interface in claims 1 and 5 of Warren (OA at 4). As pointed out above, this structure is incorrect. The Examiner has found the prior art that demonstrates the points regarding the prior art above and further demonstrates that the present claims are not obvious. No where in these references is the unique three element (A, B, C) structure present, nor the associated communications interfaces, as claimed”.
This argument is not persuasive. The rejection of the previous office action citing mainly the overall system 100 remains consistent with the mapping of components for Warren and Chiang with that of the claimed invention seen in the chart above.
Applicant continues to assert “The cited references fail to show “wherein a gear shift instruction is transmitted using the first communications interface of the gear shifting remote control device to the second communications interface of the computing device” as required by claim 1 and similar limitations in amended claim 8. Likewise, the cited references fail to show “a remote control, the remote control in communication with the computing device for providing resistance setting signals to the computing device; and wherein the resistance setting signals are translated by the computing device into a resistance control signals by the computing device which is then transmitted to the resistance device to alter the resistance applied by the resistance device” as required by claim 15. Because these limitations are not found in the cited prior art, the rejection is not well founded and should be withdrawn”.
This argument is not persuasive. The examiner explained in the motivation to combine references of claim 1 in the previous office actions how Warren, in view of Min, teaches the limitations in question. The examiner once again has provided an explanation above in the 103 rejection. See 103 rejection above.
Applicant continues to assert “The examiner previously admitted that this limitation was missing in Warren (May 19, 2025 OA at 6), instead pointing to Min at paragraphs [0020], [0039], and [0040]. The undersigned argued that those paragraphs of Min did not disclose the claimed limitation, arguing that paragraph [0020] indicates that resistance may be controlled but offers no guidance as to how and that paragraph [0039] was instructive… In short, no portion of Min or Warren disclose a remote control altering shifting at all, much less one that communicates using “the first communications interface” to “the second communications interface” in the configuration as claimed.”
This argument is moot. The examiner relies on Chiang to teach the remote control of the claimed invention. See examiner response to previous assertion above and see 103 rejection above. Applicant continues to assert “In short, both Warren and Min at best disclose a remote control directly communicating with a trainer. It is questionable if they disclose that much. A better characterization of paragraphs [0020], [0039], [0040] of Min is that trainers control resistance (paragraph [0020] of Min), the display device can be used to steer or gather boosts (paragraph [0039] of Min), and the controls may be on an iPad or may be in a remote control or mobile device (paragraph [0040] of Min). Nothing in Min describes any aspect of how these communications take place, the interfaces use, or where the various interfaces are located, or whether and where any translation (as claimed in claim 15) takes place”.
This argument is not persuasive. Chiang does describe a communication means which is both cited and explained above in claim 1.
Applicant continues to assert “The Examiner now points to paragraph [0027] of Warren describing the “control devices 113A-113D (which are not “remote controls” as claimed here, but computing devices) to indicate that these devices may control resistance… So, again, the Examiner is pointing to a “computing device” (Element B to satisfy the limitations of a remote control device (Element A). The claimed structure, and in particular the location and presence of the claimed communications interfaces are not shown in the cited prior art, particularly with respect to the gear shifting remote control device (Element A), as distinct from the computing device (Element B) that communicates with the computing device (Element B) and not with the resistance device (Element C)”.
This argument is not persuasive. The examiner did not cite the computing devices of Warren for the remote control device of the claimed invention, see screenshots from pages 3 and 5, respectively, of the previous office action below.
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Moreover, the examiner relies on Chiang to teach the remote control device in question, see 103 rejections and chart above.
Applicant continues to assert “The Examiner also points to paragraph [0026] of Warren and its control devices 113A-113D (again, computing devices, see above), and 30 paragraphs later to an entirely separate paragraph [0054] describing the general structure of “a computing device” to indicate that the “gear shifting remote control device” is shown in Warren. As described in some detail above, the Examiner is conflating a remote control device with the computing device, ignoring the structure of the claims having two, distinct devices performing different functions – functions that are not present in the prior art for historical reasons. This is an improper overreading of the prior art or overly-broad reading of the claims”.
This argument is not persuasive. See screenshots of previous office action in question above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J NICOLE LOBERIZA whose telephone number is (571)272-4741. The examiner can normally be reached 8am - 5:30pm.
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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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/JACQUELINE N L LOBERIZA/Examiner, Art Unit 3784
/LOAN B JIMENEZ/Supervisory Patent Examiner, Art Unit 3784
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