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 application 63/355,147 and as such the priority date of 06/24/2022 is granted to the instant application.
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) 1-6,8-10,13-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watterson et al. US 20050164839 A1,and further in view of Basta et al. US 20160007885 A1.
Regarding claim 1:
Watterson teaches a fitness machine (treadmill 10) providing shock absorption for a user operating the fitness machine (“In more particular the present invention relates to a self-adjusting treadmill having a moveable console and a self-adjusting cushioning assembly.” See abstract), the fitness machine comprising: a base (base 22); at least one member (tread base 50) engageable by the user and moveable relative to the base during operation of the fitness machine (“Tread base 50 provides a surface allowing a user to exercise on treadmill 10.” See paragraph [0052]); a resilient body (cushioning member 72) that resists movement of the at least one member towards the base so as to provide shock absorption for the user (“Cushioning member 72 is comprised of a resilient material that is utilized to absorb impact on deck 56. Cushioning member 72 contacts deck 56 such that when a user is exercising on deck 56 cushioning member 72 absorbs impact while also controlling the amount of deflection of deck 56.” See paragraph [0055]), wherein the resistance provided by the resilient body is adjustable (“Variable cushioning mechanism 70 provides a mechanism for providing variable amounts of cushioning to a user exercising on tread base 50.” See paragraph [0054]); and a control system (Control system 101) configured to receive from the user a shock setting corresponding to how much shock absorption is desired (“The user inputs the desired amount of cushioning to be provided by the variable cushioning mechanism 70 by inputting the desired amount of cushioning into user cushioning selection pad 100.” See paragraph [0071]), and to receive other than from the user a secondary input (“As will be appreciated by those skilled in the art, a variety of types and combinations of cushioning assemblies can be utilized without departing from the scope and spirit of the present invention. For example, the controller can be automatically set to change the amount of cushioning based on the amount of deflection of deck.” See paragraph [0075]), wherein the control system is further configured to adjust the resistance provided by the resilient body based on the shock setting and the secondary input (See above citation of paragraph [0075]).
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Watterson fails to teach that the secondary input being other than a measured distance of the at least one member moving towards the base.
Basta, however, teaches an integrated unweighted gait training system having an unweighting system comprising a computer controller; a gait measurement system in communication with the controller; and a display in communication with the computer controller adapted and configured to provide real-time feedback to a user of the integrated unweighting gait training system (See abstract), and further teaches the secondary input being other than a measured distance of the at least one member moving towards the base (Paragraph [0033] and figure 2 outline that the system can utilize multiple sensors including patient worn sensors, either implanted or worn directly by the user, as well as sensors housed within the gait training system itself in order to feed data to the controller to provide controls for the device) . The examiner notes that Basta provides further examples of what types of secondary inputs it uses such as a target muscle group for the user when operating the fitness machine (“In yet another aspect, biofeedback can include the stimulation of designated and associated action groups to help with training of a targeting muscle group.” See paragraph [0032]), historical adjustments of the resilient member from previous operation of the fitness machine (“In this way, the system may be able to only change the system parameters within an established safe limit of parameter change for this patient type, age, previous performance, established protocol, or other safety related parameter for system adjustment.” See paragraph [0113]. The examiner notes that the system being changed based on previous performance of the user includes the previous adjustments of the members in order for it to change during the instant use).
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 secondary input to be anything other than just the distance of the at least one member moving towards the base as taught by Basta, so the system can provide more accurate adjustments based on specific data points gathered from the user’s performance in real time, not just a measured distance change as the user steps/runs on the tread belt.
Regarding claim 2:
Watterson as modified by Basta teaches the fitness machine according to claim 1, but fails to teach wherein the secondary input is based at least in part on a target muscle group for the user when operating the fitness machine (See rejection of claim 1).
Regarding claim 3:
Watterson teaches the fitness machine according to claim 1, but fails to teach wherein the secondary input is based at least in part on a metabolic response of the user when operating the fitness machine.
Basta, however, teaches an integrated unweighted gait training system having an unweighting system comprising a computer controller; a gait measurement system in communication with the controller; and a display in communication with the computer controller adapted and configured to provide real-time feedback to a user of the integrated unweighting gait training system (See abstract), and further teaches wherein the secondary input is based at least in part on a metabolic response of the user when operating the fitness machine (“In some embodiments, the training device or system is capable of recording a broad range of information about user performance, including but not limited to duration, speed, incline, percentage body weight, heart rate, and gait factors.” See paragraph [0181]. The examiner notes that paragraph [0082] also states that data regarding muscle activation can also be collected and used by the control system)
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 secondary input(s) of Watterson to be based on metabolic responses of the user as taught by Basta, so that the electronic control system can provide more accurate adjustments to the shock settings without the user needing to manually adjust the settings themselves during use.
Regarding claim 4:
Watterson as modified by Basta teaches the fitness machine according to claim 1, wherein the secondary input is based at least in part on historical adjustments of the resilient member from previous operation of the fitness machine.
Basta, however, teaches an integrated unweighted gait training system having an unweighting system comprising a computer controller; a gait measurement system in communication with the controller; and a display in communication with the computer controller adapted and configured to provide real-time feedback to a user of the integrated unweighting gait training system, and further teaches wherein the secondary input is based at least in part on historical adjustments of the resilient member from previous operation of the fitness machine (See rejection of claim 1).
Regarding claim 5:
Watterson as modified discloses the fitness machine according to claim 1, wherein the secondary input is based on a program for operating the fitness machine over a period of time(“For example, a user of a constant weight may desire a change in the amount of cushioning provided by variable cushioning mechanism 70 based on the type or intensity of exercise to be performed. For example, a user may select a large amount of cushioning for a long and slow paced workout while desiring a small amount of cushioning for a shorter more intense workout.” See paragraph [0067]. The examiner notes that the user being able to select the type/intensity of exercise and the system then controlling the cushioning based on the selected exercise program for the session is the secondary input being based on a program for operating over a period of time).
Regarding claim 6:
Watterson as modified discloses the fitness machine according to claim 5, wherein the program includes simulated terrains that change over the period of time for operating the fitness machine (“As the user exercises on the endless belt, inclining of tread base 50 can simulate natural changes in the slope of the running surface that are encountered during a typical outdoor exercise routine.” See paragraph [0028]), and wherein the secondary input is based at least in part on the simulated terrains (The examiner notes that as stated above in the rejections of claims 1 and 5, which claim 6 is dependent on, the cushioning can be automatically adjust according to the exercise program selected by the user, and further influenced by the detected deflection of the tread belt, therefore as the system changes the inclination of the tread belt to simulate various terrains/running surfaces, the deflection and thereby the amount of cushioning must also change accordingly).
Regarding claim 8:
Watterson teaches the fitness machine according to claim 1, further comprising a sensor (Sensor mechanism 82) that measures the movement of the at least one member towards the base during operation of the fitness machine (“Deflection member 84 is coupled to deck 56 such that deflection of deck 56 result in movement of deflection member 84. Sensor mechanism 82 is coupled to tread base frame 58. Sensor mechanism 82 detects movement of deflection member 84 and monitors the amount of movement of deflection member 84.” See paragraph [0057]),but fails to teach wherein the control system is further configured to generate a trend of a change in the movement measured by the sensor over time, wherein the secondary input is based at least in part on the trend.
Basta, however, teaches an integrated unweighted gait training system having an unweighting system comprising a computer controller; a gait measurement system in communication with the controller; and a display in communication with the computer controller adapted and configured to provide real-time feedback to a user of the integrated unweighting gait training system, and further teaches wherein the control system is further configured to generate a trend of a change in the movement measured by the sensor over time (“Over time, as the desired gait mechanics are achieved with more consistency, the amount of unweighting may be progressively reduced in order to acclimate the user to walking or running in this new method of gait patterns until such patterns are set as new biomechanics at full gravity.” See paragraph [0084]. The examiner notes that a trend and a pattern are synonymous, and that the gait pattern directly corresponds with the movement of the member), wherein the secondary input is based at least in part on the trend generated from the movement measured by the sensor (as stated above, the gait pattern generated and detected by the control system of Basta is used to determine the feedback and adjustments needed for the user to maintain those results consistently, and then are used as the new baseline once those requirements are met.)
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 Watterson to generate a pattern/trend of the movement of the member to use as an input as taught by Basta, in order for more accurate control of the resilient members by the system to be achieved, in order for the user to be able to make consistent improvement and receive accurate performance feedback during use.
Regarding claim 9:
Watterson as modified teaches the fitness machine according to claim 1, further comprising a sensor (Sensor mechanism 82) that measures the movement of the at least one member towards the base during operation of the fitness machine (“Deflection member 84 is coupled to deck 56 such that deflection of deck 56 result in movement of deflection member 84. Sensor mechanism 82 is coupled to tread base frame 58. Sensor mechanism 82 detects movement of deflection member 84 and monitors the amount of movement of deflection member 84.” See paragraph [0057]), wherein the at least one member extends in a first direction (see annotated figure 1) and in a second direction perpendicular to the first direction (See annotated figure 2), wherein the movement of the at least one member is a third direction perpendicular to both the first direction and the second direction (The examiner notes that the two preceding limitations and the instant limitation are merely claiming that the member has a length, width, and moves up and down, which as stated above in the rejection of claim 1 the deck moves up and down and the distance is measured by the sensor measuring the deflection member), but fails to teach wherein the control system is further configured to determine a position of a foot of the user on the at least one member engageable by the user, and wherein the secondary input is based at least in part on the position of the foot determined by the control system.
Basta, however, teaches an integrated unweighted gait training system having an unweighting system comprising a computer controller; a gait measurement system in communication with the controller; and a display in communication with the computer controller adapted and configured to provide real-time feedback to a user of the integrated unweighting gait training system, and further teaches wherein the control system is further configured to determine a position of a foot of the user on the at least one member engageable by the user (“In still other aspects, the plurality of gait parameters of a user on a treadmill further comprising foot placement phase asymmetry and stride time jitter.” See paragraph [0035]), wherein the secondary input is based at least in part on the position of the foot determined by the control system (“For example, the system may indicate for the user to change the orientation of their foot, rotate their ankle, bend their knees more, or other adjustments that are based on analysis of the patient gait data to correct or modify that patient's gait.” See paragraph [0112]). Basta further teaches, wherein the position includes both a take-off position and a landing position (“Other additional gait parameters include, by way of example and not limitation, foot placement phase asymmetry (right to left step time compared with left to right step time) and stride time jitter (variation in timing between subsequent footfalls on the same or opposite sides)” See paragraph [0097] and figure 31B for stride phase asymmetry)
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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 Watterson to track the foot position of the user as taught by Basta, so that the system can more accurately track the users performance such as by tracking their force relative to the resistance applied by the resilient member shock absorbers, and making adjustments necessary so the desired resistance is applied during exercise, and to make sure their foot position corresponds with safe parameters such as to close to the edge of the tread belt or detecting a change in pace so that the system can make adjustments accordingly.
Regarding claim 10:
Watterson as modified by Basta taches the fitness machine according to claim 9, wherein the position includes both a take-off position and a landing position for the foot (See rejection of claim 9).
Regarding claim 13:
Watterson teaches a method for making a fitness machine providing shock absorption for a user operating the fitness machine (“In more particular the present invention relates to a self-adjusting treadmill having a moveable console and a self-adjusting cushioning assembly.” See abstract The examiner notes that while the preamble of the claim states it is a method of making, no production processes are claimed other than “providing” the structures and controls of the exercise machine, therefore the invention of Watterson is capable of being made as all the claimed structures henceforth claimed are shown.), providing a base (base 22) and at least one member engageable by the user and moveable relative to the base during operation of the fitness machine (tread base 50. “Tread base 50 provides a surface allowing a user to exercise on treadmill 10.” See paragraph [0052]); providing a resilient body (cushioning member 72) that resists movement of the at least one member towards the base so as to provide shock absorption for the user (“Cushioning member 72 is comprised of a resilient material that is utilized to absorb impact on deck 56. Cushioning member 72 contacts deck 56 such that when a user is exercising on deck 56 cushioning member 72 absorbs impact while also controlling the amount of deflection of deck 56.” See paragraph [0055]), wherein the resistance provided by the resilient body is adjustable (“Variable cushioning mechanism 70 provides a mechanism for providing variable amounts of cushioning to a user exercising on tread base 50.” See paragraph [0054]); configuring a control system (Control system 101) to receive from the user a shock setting corresponding to how much shock absorption is desired (“The user inputs the desired amount of cushioning to be provided by the variable cushioning mechanism 70 by inputting the desired amount of cushioning into user cushioning selection pad 100.” See paragraph [0071]), and to receive other than from the user a secondary input (“As will be appreciated by those skilled in the art, a variety of types and combinations of cushioning assemblies can be utilized without departing from the scope and spirit of the present invention. For example, the controller can be automatically set to change the amount of cushioning based on the amount of deflection of deck.” See paragraph [0075]); and adjusting the resistance provided by the resilient body based on the shock setting and the secondary input (See above citation of paragraph [0075]).
Watterson, fails to teach the secondary input being other than a measured distance of the at least member moving towards the base.
Basta, however, teaches an integrated unweighted gait training system having an unweighting system comprising a computer controller; a gait measurement system in communication with the controller; and a display in communication with the computer controller adapted and configured to provide real-time feedback to a user of the integrated unweighting gait training system (See abstract), and further teaches the secondary input being other than a measured distance of the at least one member moving towards the base (Paragraph [0033] and figure 2 outline that the system can utilize multiple sensors including patient worn sensors, either implanted or worn directly by the user, as well as sensors housed within the gait training system itself in order to feed data to the controller to provide controls for the device) . The examiner notes that Basta provides further examples of what types of secondary inputs it uses such as a target muscle group for the user when operating the fitness machine (“In yet another aspect, biofeedback can include the stimulation of designated and associated action groups to help with training of a targeting muscle group.” See paragraph [0032]), historical adjustments of the resilient member from previous operation of the fitness machine (“In this way, the system may be able to only change the system parameters within an established safe limit of parameter change for this patient type, age, previous performance, established protocol, or other safety related parameter for system adjustment.” See paragraph [0113]. The examiner notes that the system being changed based on previous performance of the user includes the previous adjustments of the members in order for it to change during the instant use).
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 secondary input to be anything other than just the distance of the at least one member moving towards the base as taught by Basta, so the system can provide more accurate adjustments based on specific data points gathered from the user’s performance in real time, not just a measured distance change as the user steps/runs on the tread belt.
Regarding claim 14:
Watterson as modified by Basta teaches the method according to claim 13, further comprising adjusting the resistance based on at least one of a target muscle group for the user and a metabolic response of the user (The examiner notes that the phrase “at least one of” preceding the two options requires that only 1 is necessary for the invention.) when operating the fitness machine (See rejection of claim 13).
Regarding claim 15:
Watterson as modified by Basta teaches the method according to claim 13, further comprising adjusting the resistance based at least in part on historical adjustments of the resilient member from previous operation of the fitness machine (See rejection of claim 13).
Regarding claim 16:
Watterson as modified discloses the method according to claim 13, further comprising adjusting the resistance based at least in part on a program for operating the fitness machine over a period of time (“For example, a user of a constant weight may desire a change in the amount of cushioning provided by variable cushioning mechanism 70 based on the type or intensity of exercise to be performed. For example, a user may select a large amount of cushioning for a long and slow paced workout while desiring a small amount of cushioning for a shorter more intense workout.” See paragraph [0067]. The examiner notes that the user being able to select the type/intensity of exercise and the system then controlling the cushioning based on the selected exercise program for the session is the secondary input being based on a program for operating over a period of time).
Regarding claim 17:
Watterson teaches the method according to claim 13, further comprising measuring a movement of the at least one member towards the base during operation of the fitness machine (“Deflection member 84 is coupled to deck 56 such that deflection of deck 56 result in movement of deflection member 84. Sensor mechanism 82 is coupled to tread base frame 58. Sensor mechanism 82 detects movement of deflection member 84 and monitors the amount of movement of deflection member 84.” See paragraph [0057]), but fails to teach generating a trend of a change in the movement over time, and adjusting the resistance based at least in part on the trend.
Basta, however, teaches an integrated unweighted gait training system having an unweighting system comprising a computer controller; a gait measurement system in communication with the controller; and a display in communication with the computer controller adapted and configured to provide real-time feedback to a user of the integrated unweighting gait training system (See abstract), and further teaches wherein the control system is further configured to generate a trend of a change in the movement over time (“Over time, as the desired gait mechanics are achieved with more consistency, the amount of unweighting may be progressively reduced in order to acclimate the user to walking or running in this new method of gait patterns until such patterns are set as new biomechanics at full gravity.” See paragraph [0084]. The examiner notes that a trend and a pattern are synonymous, and that the gait pattern directly corresponds with the movement of the member), wherein the secondary input is based at least in part on the trend generated from the movement measured by the sensor (as stated above, the gait pattern generated and detected by the control system of Basta is used to determine the feedback and adjustments needed for the user to maintain those results consistently, and then are used as the new baseline once those requirements are met.)
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 Watterson to generate a pattern/trend of the movement of the member to use as an input as taught by Basta, in order for more accurate control of the resilient members by the system to be achieved, in order for the user to be able to make consistent improvement and receive accurate performance feedback during use.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watterson et al. US 20050164839 A1, in view of Basta et al. US 20160007885 A1, and further in view of Corbalis et al. US 20110319229 A1.
Watterson teaches the invention as substantially claimed above.
Regarding claim 7:
Watterson teaches the fitness machine according to claim 5, but fails to teach wherein the program includes random adjustments for the resistance provided by the resilient member over time, and wherein the secondary input is based at least in part on the random adjustments in the program.
Corbalis, however, teaches an exercise machine including a motivating and instructional user interface or display, where the interface includes a virtual coach or other encouraging stimulus to provide key motivation for users of indoor exercise machines, and further teaches that an exercise program includes random adjustments for the resilient member over time, and wherein the secondary input is based at least in part on the random adjustments in the program (“For example, a user of the exercise machine may input initialization information indicative of one or more of the following workout parameters: a preselected workout type (e.g., fat burning, strength building, cardio, endurance), the weight of the user, desired heart rate range, the age of the user, the user's exercise experience (e.g., beginner, intermediate, expert), desired caloric expenditure, workout length, simulated terrain type (e.g., level, hills, mixed, random), combinations of the same or the like.” See paragraph [0048]. The examiner notes that as stated above in the rejection of claim 5 under 35 USC 102(a)(2) in view of Lu the system already utilizes a program and other inputs as the secondary inputs to make adjustments to the resistance of the resilient members which can be based off of simulated terrain environments, however it is not stated that they are random, as such the system of Corbalis being able to provide random simulations during the course of an exercise is being considered as the secondary input being based on the random changes to resistance as the user would not know what terrain environment is being used).
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 secondary input of Watterson to be based on random adjustments for the resilient member as taught by Corbalis, as this would keep the user engaged during exercise since the adjustments would not only be based off their desired workout inputs but they would need to adapt to the changes thus increasing the value of the workout for the user.
Claim(s) 11-12 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watterson et al. US 20050164839 A1, in view of Basta et al. US 20160007885 A1, and further in view of Corbalis et al. US 20180361194 A1.
Watterson teaches the invention as substantially claimed.
Regarding claim 11:
Watterson teaches the fitness machine according to claim 1, wherein the resilient body is two or more resilient bodies that each resist movement of the at least one member towards the base (“In the illustrated embodiment, variable cushioning mechanism 70 includes cushioning members 72a, b, lever arms 74a, b, moveable fulcrums 76a, b and a transverse bar 78.” See paragraph [0068 and figure 9), but fails to teach wherein the control system is configured to adjust the resistances provided by the two or more resilient bodies independently of each other based on the shock setting and the secondary input.
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Corbalis, however, teaches a treadmill including a frame, a suspension connector connected to the frame, and a flexible deck connected to the suspension connector. The flexible deck is configured to flex in response to a load applied by a user striding on the treadmill, and further teaches wherein the control system is configured to adjust the resistances provided by the two or more resilient bodies independently of each other based on the shock setting and the secondary input (“In another example, one or more components of the intermediate support 206 may be moved in response to determining a user's weight.” See paragraph [0032]. The examiner notes that paragraph [0032] further states that the stiffness adjustment can be an automated process completed by the systems controller, and that the mention that “one or more” of the suspension supports 206 can be adjusted by the system shows that can be an independent adjustment for each support).
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It would have been obvious to a person of ordinary skill in the art to modify the control system of Watterson to include the capability to independently adjust the suspension/cushioning elements as taught by Corbalis as this would allow the amount of cushioning/resistance to be more precisely adjusted according to where the user feels they need more support during workouts, and can follow the simulated terrain functions better adapting the amount of support to the training program desired/input by the user.
Regarding claim 12:
Watterson as modified teaches the fitness machine according to claim 11, , further comprising a sensor (Sensor mechanism 82) that measures the movement of the at least one member towards the base during operation of the fitness machine (“Deflection member 84 is coupled to deck 56 such that deflection of deck 56 result in movement of deflection member 84. Sensor mechanism 82 is coupled to tread base frame 58. Sensor mechanism 82 detects movement of deflection member 84 and monitors the amount of movement of deflection member 84.” See paragraph [0057]), wherein the at least one member extends in a first direction (see annotated figure 1) and in a second direction perpendicular to the first direction (See annotated figure 2), wherein the movement of the at least one member is a third direction perpendicular to both the first direction and the second direction (The examiner notes that the two preceding limitations and the instant limitation are merely claiming that the member has a length, width, and moves up and down, which as stated above in the rejection of claim 1 the deck moves up and down and the distance is measured by the sensor measuring the deflection member), but fails to teach wherein the control system is configured to determine a position of a foot of the user on the at least one member engageable by the user in the first direction and/or in the second direction, and wherein the secondary input for independently adjusting the two or more resilient bodies is based at least in part on the position of the foot determined by the control system.
Basta, however, teaches an integrated unweighted gait training system having an unweighting system comprising a computer controller; a gait measurement system in communication with the controller; and a display in communication with the computer controller adapted and configured to provide real-time feedback to a user of the integrated unweighting gait training system, and further teaches wherein the control system is further configured to determine a position of a foot of the user on the at least one member engageable by the user (“In still other aspects, the plurality of gait parameters of a user on a treadmill further comprising foot placement phase asymmetry and stride time jitter.” See paragraph [0035]), wherein the secondary input is based at least in part on the position of the foot determined by the control system (“For example, the system may indicate for the user to change the orientation of their foot, rotate their ankle, bend their knees more, or other adjustments that are based on analysis of the patient gait data to correct or modify that patient's gait.” See paragraph [0112]). Basta further teaches, wherein the position includes both a take-off position and a landing position (“Other additional gait parameters include, by way of example and not limitation, foot placement phase asymmetry (right to left step time compared with left to right step time) and stride time jitter (variation in timing between subsequent footfalls on the same or opposite sides)” See paragraph [0097] and figure 31B for stride phase asymmetry)
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 Watterson to track the foot position of the user as taught by Basta, so that the system can more accurately track the users performance such as by tracking their force relative to the resistance applied by the resilient member shock absorbers, and making adjustments necessary so the desired resistance is applied during exercise, and to make sure their foot position corresponds with safe parameters such as to close to the edge of the tread belt or detecting a change in pace so that the system can make adjustments accordingly.
Regarding claim 18:
Watterson teaches the method according to claim 13, wherein the resilient body is two or more resilient bodies that each resist movement of the at least one member towards the base (“In the illustrated embodiment, variable cushioning mechanism 70 includes cushioning members 72a, b, lever arms 74a, b, moveable fulcrums 76a, b and a transverse bar 78.” See paragraph [0068 and figure 9), but fails to teach wherein the resistances of the two or more resilient bodies are adjusted independently based on the shock setting and the secondary input.
Corbalis, however, teaches a treadmill including a frame, a suspension connector connected to the frame, and a flexible deck connected to the suspension connector. The flexible deck is configured to flex in response to a load applied by a user striding on the treadmill, and further teaches wherein the control system is configured to adjust the resistances provided by the two or more resilient bodies independently of each other based on the shock setting and the secondary input (“In another example, one or more components of the intermediate support 206 may be moved in response to determining a user's weight.” See paragraph [0032]. The examiner notes that paragraph [0032] further states that the stiffness adjustment can be an automated process completed by the systems controller, and that the mention that “one or more” of the suspension supports 206 can be adjusted by the system shows that can be an independent adjustment for each support).
It would have been obvious to a person of ordinary skill in the art to modify the control system of Watterson to include the capability to independently adjust the suspension/cushioning elements as taught by Corbalis as this would allow the amount of cushioning/resistance to be more precisely adjusted according to where the user feels they need more support during workouts, and can follow the simulated terrain functions better adapting the amount of support to the training program desired/input by the user.
Regarding claim 19:
Watterson as modified teaches the method according to claim 18, but fails to teach determining a position of a foot of the user on the at least one member engageable by the user, wherein the secondary input is based at least in part on the position of the foot determined by the control system.
Basta, however, teaches an integrated unweighted gait training system having an unweighting system comprising a computer controller; a gait measurement system in communication with the controller; and a display in communication with the computer controller adapted and configured to provide real-time feedback to a user of the integrated unweighting gait training system, and further teaches determining a position of a foot of the user on the at least one member engageable by the user (“In still other aspects, the plurality of gait parameters of a user on a treadmill further comprising foot placement phase asymmetry and stride time jitter.” See paragraph [0035]), wherein the secondary input is based at least in part on the position of the foot determined by the control system (“For example, the system may indicate for the user to change the orientation of their foot, rotate their ankle, bend their knees more, or other adjustments that are based on analysis of the patient gait data to correct or modify that patient's gait.” See paragraph [0112]).
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 system of Watterson to determine a position of the foot of the user and base the secondary input at least in part on the detected foot position as taught by Basta, as this would allow the system to not only more accurately track the users performance, but also provide more accurate real time adjustments to the resilient members to improve the workout and training experienced by the user.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watterson et al. US 20050164839 A1, in view of Daly et al. US 7914420 B2.
Watterson teaches a method for making a fitness machine providing shock absorption for a user operating the fitness machine (“In more particular the present invention relates to a self-adjusting treadmill having a moveable console and a self-adjusting cushioning assembly.” See abstract The examiner notes that while the preamble of the claim states it is a method of making, no production processes are claimed other than “providing” the structures and controls of the exercise machine, therefore the invention of Watterson is capable of being made as all the claimed structures henceforth claimed are shown.), the method comprising: providing a base (base 22) and at least one member engageable by the user and moveable relative to the base during operation of the fitness machine (tread base 50. “Tread base 50 provides a surface allowing a user to exercise on treadmill 10.” See paragraph [0052]); providing a resilient body (cushioning member 72) that resists movement of the at least one member towards the base so as to provide shock absorption for the user (“Cushioning member 72 is comprised of a resilient material that is utilized to absorb impact on deck 56. Cushioning member 72 contacts deck 56 such that when a user is exercising on deck 56 cushioning member 72 absorbs impact while also controlling the amount of deflection of deck 56.” See paragraph [0055]; measuring the movement of the at least one member during operation of the fitness machine (“Deflection member 84 is coupled to deck 56 such that deflection of deck 56 result in movement of deflection member 84. Sensor mechanism 82 is coupled to tread base frame 58. Sensor mechanism 82 detects movement of deflection member 84 and monitors the amount of movement of deflection member 84.” See paragraph [0057]).
Watterson fails to teach adjusting the resistance provided by the resilient body based on a previous resistance from a previous operation of the fitness machine determining whether the movement of the at least one member is beyond a threshold; further adjusting the resistance provided by the resilient body when the movement is determined to be beyond the threshold; and storing the resistance provided by the resilient body as the previous resistance for future operation of the fitness machine.
Daly, however, teaches sensing applications for profiling a workout session of an exercise machine comprising selecting at least one workout parameter or inputting at least one physical characteristic of a user and operating the exercise machine in compliance with the at least one workout parameter selected (See abstract), and further teaches adjusting the resistance provided by the resilient body based on a previous resistance from a previous operation of the fitness machine (The examiner notes that col. 15 lines 15-22, which state that the deck stiffness values can be stored int he system memory, and used to determine what adjustments to make during use, and that col. 10 lines 23-29 state that deflection data gathered during the workout can be stored and used to profile a user’s workout which lets them being future workouts quicker) determining whether the movement of the at least one member is beyond a threshold (“if a comparison result obtained from the comparator 240 indicates that a deck deflect value obtained from the deflection sensor interface 224 does not correlate with respective deck deflection threshold valves retrieved from the data structure 238, then the deck stiffness adjustor 212 may increase or decrease the deck stiffness” See col.11 lines 21-26); further adjusting the resistance provided by the resilient body when the movement is determined to be beyond the threshold (“These derived deflection thresholds may be utilized to automatically adjust the deck stiffness of the deck based on a user's gait input and, thus, eliminate problems associated with user confusion or inexperience.” See col. 5 lines 53-56); and storing the resistance provided by the resilient body as the previous resistance for future operation of the fitness machine (See above discussion of col. 15 lines 15-22, and col. 10 lines 23-29, where the instant limitation is merely claiming updating the values collected during the current workout for future workouts, which the system of Daly does).
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 control system of Watterson to store previous settings/parameters of the exercise machine and compare them to desired thresholds in order to make accurate adjustments/configurations as taught by Daly, in order to have more robust and direct control over the resistance applied by the resilient members, and so that the exercise device can provide settings tailored specifically to each user’s desired goals.
Response to Arguments
Applicant's arguments filed 07/14/2025 have been fully considered but they are not persuasive.
With respect to the arguments in regards to the rejection presented under 35 USC 102 in view of Watterson in the previous Non-Final action, the examiner notes that originally there was no specificity in claims 1 and 13 as to what the second input could or could not be, only that it was a different input than the user entered setting, which the measurement of the deck deflection is a second input, however, in view of the new amendments made to the independent claims to specify that the secondary input is not the movement of the deck the examiner has presented a new rejection under 35 USC 103 in view of the combination of Watterson and Basta as presented above.
In regards to the rejection of independent claim 20 in view of the combination of the Watterson and Intonato references presented in the previous action, the examiner has presented a new rejection in view of the combination of Watterson and Daly, which more clearly recites that the thresholds relate specifically to the movement/deflection of the running deck of the treadmill and that safety thresholds for the parameters, or accepted thresholds based on the user’s historical exercise data saved as a profile on the machine are used to control the resistance of the resilient bodies present in both invention against the forces of the user acting on the tread deck, please see the rejection 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/J.A.D./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784