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 .
Response to Amendment
In response to the amendment filed 10/29/2025; claims 1-11 are pending.
Claim Interpretation
The phrase: “deterioration in [a] work environment, which makes [] office work more difficult for [a] user” in claim 1 and 10 and the phrase “cause a change to the deteriorated work environment so that the work environment improves, which make the office work less difficult for the user” in claim 2 are subjective limitation since what cause deterioration in work environment varies from person to person. For example, one person may find that playing music can cause deterioration (distraction) in work place, meanwhile another person may find playing music can be soothing and relaxing. The phrase “cause a deterioration in the work environment, which makes the office work more difficult for the user” adds no weight to the claim 1 and 10 (Claim 2).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 5 and 8 – 11 are rejected under 35 U.S.C. 103 as being unpatentable over Cherian (US 2011/0033830 A1) in view of Bohnen et al. (US 2024/0000224 A1).
Re claims 1, 10:
Cherian teaches 1. An exercise promotion system (Cherian, Abstract; [0102]) comprising:
a work environment providing device configured to provide a work environment for improving efficiency of work of a user (Cherian, Abstract, “instituted to measure its effectiveness in workplaces”; [0015] –[0016], “The recommendations for specific actions, such as posture and exercises… method of controlling/reducing/preventing the incidence of these disorders is important to prevent injuries and to save money on insurance premiums, payments to injured workers, loss of productivity, loss of productive workers from the workplace as well as the need to retrain injured workers”);
an exercise state detection unit configured to detect an exercise state of the user's lower limb (Cherian, [0357], “sense the "inactivity" of the person sitting on it, and if the person does not move enough for any extended length of time”; [0035], “of any strenuous physical effort, e.g. simply sitting in a certain position for extended periods of time, like when working at the computer or driving a car or even simply watching television”; [0277]); and
a work environment change unit configured to change the work environment provided by the work environment providing device (Cherian, figs. 2 – 12; [0033], “If and when the duration and other elements of the activity gets too long or excessive, or the intensity of these activities gets too high, or the combination of the duration and intensity, reach or exceed certain preset predetermined levels or limits or thresholds, then the system would issue an alert or a warning of some sort, informing the individual about that fact. The system could also suggest certain changes of behaviour, such as taking a rest or break period, doing certain exercises, drinking some water, or the like”; [0102]),
wherein the work environment change unit changes the work environment (Cherian, figs. 2 – 12; [0033], “the system would issue an alert or a warning of some sort, informing the individual about that fact. The system could also suggest certain changes of behaviour, such as taking a rest or break period, doing certain exercises, drinking some water, or the like”; [0102]; [0109])
so that the work environment deteriorates when the exercise state detected by the working state detection unit does not meet a predetermined reference (Cherian, [0016], “loss of productivity, loss of productive workers from the workplace”; [0034], “stretching or flexing exercises or therapeutic movements which could lower the stresses on the individual”; [0133], “provide the operator with some suggestions as to certain exercises that the operator would or could do, to help in preventing or at least reducing the risks that the operator would contract carpal tunnel syndrome”; [0136], “During the break period, the system would encourage the individual to do some exercises that could help in preventing some unfavourable effect of working for extended length of time on the computer”; [0280], “appropriate breaks and to do whatever is the right thing to do for such a person, to minimize the risks of getting the undesirable bad health results”).
Cherian teaches 10. A method of controlling an exercise promotion system including a work environment providing device configured to provide a work environment for improving efficiency of work of a user (Cherian, Abstract, “instituted to measure its effectiveness in workplaces”; [0015] –[0016], “The recommendations for specific actions, such as posture and exercises… method of controlling/reducing/preventing the incidence of these disorders is important to prevent injuries and to save money on insurance premiums, payments to injured workers, loss of productivity, loss of productive workers from the workplace as well as the need to retrain injured workers”), the method comprising:
detecting, by the exercise promotion system, an exercise state of the user's lower limb (Cherian, [0357], “sense the "inactivity" of the person sitting on it, and if the person does not move enough for any extended length of time”; [0035], “of any strenuous physical effort, e.g. simply sitting in a certain position for extended periods of time, like when working at the computer or driving a car or even simply watching television”; [0277]); and
changing, by the exercise promotion system (Cherian, figs. 2 – 12; [0033], “the system would issue an alert or a warning of some sort, informing the individual about that fact. The system could also suggest certain changes of behaviour, such as taking a rest or break period, doing certain exercises, drinking some water, or the like”; [0102]; [0109]), the work environment so that the work environment deteriorates when the exercise state does not meet a predetermined reference (Cherian, [0016], “loss of productivity, loss of productive workers from the workplace”; [0034], “stretching or flexing exercises or therapeutic movements which could lower the stresses on the individual”; [0133], “provide the operator with some suggestions as to certain exercises that the operator would or could do, to help in preventing or at least reducing the risks that the operator would contract carpal tunnel syndrome”; [0136], “During the break period, the system would encourage the individual to do some exercises that could help in preventing some unfavourable effect of working for extended length of time on the computer”; [0280], “appropriate breaks and to do whatever is the right thing to do for such a person, to minimize the risks of getting the undesirable bad health results”).
Cherian teaches 1. An exercise promotion system (Cherian, Abstract; [0102]) comprising:
a central processing unit, and a memory storing a control program, wherein the central processing unit is configured execute the control program to perform operations (Cherian, [0038], “program … computer”) including:
detecting an exercise state of a user's lower limb (Cherian, [0357], “sense the "inactivity" of the person sitting on it, and if the person does not move enough for any extended length of time”; [0035], “of any strenuous physical effort, e.g. simply sitting in a certain position for extended periods of time, like when working at the computer or driving a car or even simply watching television”; [0277]);
comparing the detected exercise state of the user's lower limb with a predetermined reference (Cherian, [0357], “we can see that the Smart or PEP Seat would be able to sense the "inactivity" of the person sitting on it, and if the person does not move enough for any extended length of time”); and
causing a change to a work environment for improving an efficiency of office work performed by the user by transmitting a control command (Cherian, Abstract, “The development of a relatively inexpensive method of controlling, reducing and preventing the incidence of these disorders is important to prevent injuries and to save money on insurance premiums, payments to injured workers, loss of productivity, loss of productive workers from the workplace as well as the need to retrain injured workers”; [0250], “studied and evaluated and the decisions and selections will be refined as we learn more how to make the system more efficient and beneficial”);
when the exercise state detected by the working state detection unit does not meet the predetermined reference (Cherian, [0016], “loss of productivity, loss of productive workers from the workplace”; [0034], “stretching or flexing exercises or therapeutic movements which could lower the stresses on the individual”; [0133], “provide the operator with some suggestions as to certain exercises that the operator would or could do, to help in preventing or at least reducing the risks that the operator would contract carpal tunnel syndrome”; [0136], “During the break period, the system would encourage the individual to do some exercises that could help in preventing some unfavourable effect of working for extended length of time on the computer”; [0280], “appropriate breaks and to do whatever is the right thing to do for such a person, to minimize the risks of getting the undesirable bad health results”).
10. A method of controlling an exercise promotion system including a work environment providing device configured to provide a work environment for improving efficiency of office work performed by a user (Cherian, Abstract; [0102]; [0038], “program … computer”), the method comprising:
detecting, by a central processing unit of the exercise promotion system, an exercise state of the user's lower limb (Cherian, [0357], “sense the "inactivity" of the person sitting on it, and if the person does not move enough for any extended length of time”; [0035], “of any strenuous physical effort, e.g. simply sitting in a certain position for extended periods of time, like when working at the computer or driving a car or even simply watching television”; [0277]);
comparing, using the central processing unit, the detected exercise state of the user's lower limb with a predetermined reference (Cherian, [0357], “we can see that the Smart or PEP Seat would be able to sense the "inactivity" of the person sitting on it, and if the person does not move enough for any extended length of time”); and
causing, by the central processing unit of the exercise promotion system, a change to the work environment for improving the efficiency of the office work performed by the user by transmitting a control command (Cherian, Abstract, “The development of a relatively inexpensive method of controlling, reducing and preventing the incidence of these disorders is important to prevent injuries and to save money on insurance premiums, payments to injured workers, loss of productivity, loss of productive workers from the workplace as well as the need to retrain injured workers”; [0250], “studied and evaluated and the decisions and selections will be refined as we learn more how to make the system more efficient and beneficial”); when the exercise state does not meet the predetermined reference (Cherian, [0016], “loss of productivity, loss of productive workers from the workplace”; [0034], “stretching or flexing exercises or therapeutic movements which could lower the stresses on the individual”; [0133], “provide the operator with some suggestions as to certain exercises that the operator would or could do, to help in preventing or at least reducing the risks that the operator would contract carpal tunnel syndrome”; [0136], “During the break period, the system would encourage the individual to do some exercises that could help in preventing some unfavourable effect of working for extended length of time on the computer”; [0280], “appropriate breaks and to do whatever is the right thing to do for such a person, to minimize the risks of getting the undesirable bad health results”).
Cherian does not explicitly disclose causing a change to a work environment for improving an efficiency of office work performed by the user by transmitting a control command to one or more of
a lifting apparatus of a desk at which the user is working.
Bohnen et al. (US 2024/0000224 A1) teaches a dynamic standing desk having a work surface configured to move with planar motion parallel with the ground and with a range of movement that adjusts as a function of the size of a user of the desk (Bohnen, Abstract). Bohnen teaches
comparing the detected exercise state of the user's lower limb with a predetermined reference (Bohnen, [0084], “Participants first completed a baseline sitting session, then completed a 2-hour static or dynamic standing desk session, then completed whichever 2-hour static or dynamic standing desk session had not yet been completed”; fig. 7; [0083]; [0086], “the baseline sitting session first, followed by either a static desktop standing session or a dynamic desktop standing session”); and
causing a change to a work environment for improving an efficiency of office work performed by the user by transmitting a control command (Bohnen, [0007], “Occupational studies have demonstrated short-term benefits associated with the use of height-adjustable tables when provided to workers in an office setting, including increased office productivity”; [0043]; [0059], “Targeted users are, but not limited to, office workers, fitness workers, or clinical rehabilitation patients, including those with metabolic or neurological disorders that affect gait and balance functions. Users stand at the desk with an automatically moving tabletop that moves in the transverse plane (X-Y movements)”) to one or more of
a lifting apparatus of a desk at which the user is working (Bohnen, [00027], “The tabletop of the desk can be vertically adjusted to the particular human user's individual height preference or preference to intermittent alternations between sitting and standing”; [0060], “The dynamic standing desk will generate variable work surface movement parameters-i.e., from slow to fast in terms of rate of movement, from continuous to discontinuous work surface movement, and from smaller to larger ranges of displacements”),
a lifting apparatus of a chair on which the user is sitting while working,
a support mechanism of a computer display, or
an image signal output to the computer display,
to cause a change in one or more of a position of the desk (Bohnen, [00027], “The tabletop of the desk can be vertically adjusted to the particular human user's individual height preference or preference to intermittent alternations between sitting and standing”; [0060], “The dynamic standing desk will generate variable work surface movement parameters-i.e., from slow to fast in terms of rate of movement, from continuous to discontinuous work surface movement, and from smaller to larger ranges of displacements”), a position of the chair, a position of the computer display, or a display state of the computer display,
to cause a deterioration in the work environment, which makes the office work more difficult for the user (Bohnen, [0027], “The tabletop of the desk can be vertically adjusted to the particular human user's individual height preference or preference to intermittent alternations between sitting and standing. The dynamic standmg desk may be an effective solution to combat sedentariness, the quick development of musculoskeletal discomfort when standing at a stationary height adjustable workstation, and/or inactivity and prolonged sitting m populations with conditions that affect mobility or energy expenditure during physical activity and that generally benefit from low-intensity physical activity”).
Therefore, in view of Bohnen, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system and method described in Cherian, by providing the height adjustable table as taught by Bohnen, since Bohnen suggests the dynamic standing desk has been found to provide physical activity in users while at the same time reducing development of musculoskeletal discomfort and providing health benefits compared to regular height-adjustable standing desk use and sitting in healthy adults (Bohnen, [0082]). Occupational studies have demonstrated short-term benefits associated with the use of height-adjustable tables when provided to workers in an office setting, including increased office productivity (Bohnen,[0007]).
Re claim 2:
2. The exercise promotion system according to claim 1, wherein the central processing unit is further configured to cause a change to the deteriorated work environment so that the work environment improves, which make the office work less difficult for the user (), when the exercise state detected by the exercise state detection unit satisfies the predetermined reference (Cherian, [0357], “sense the "inactivity" of the person sitting on it, and if the person does not move enough for any extended length of time”; [0035], “of any strenuous physical effort, e.g. simply sitting in a certain position for extended periods of time, like when working at the computer or driving a car or even simply watching television”; [0277]; figs. 2 – 12; [0033], “the system would issue an alert or a warning of some sort, informing the individual about that fact. The system could also suggest certain changes of behaviour, such as taking a rest or break period, doing certain exercises, drinking some water, or the like”; [0102]; [0109]; Bohnen, [0027], “The tabletop of the desk can be vertically adjusted to the particular human user's individual height preference or preference to intermittent alternations between sitting and standing. The dynamic standmg desk may be an effective solution to combat sedentariness, the quick development of musculoskeletal discomfort when standing at a stationary height adjustable workstation, and/or inactivity and prolonged sitting m populations with conditions that affect mobility or energy expenditure during physical activity and that generally benefit from low-intensity physical activity”).
Re claim 3:
3. The exercise promotion system according to claim 1, wherein a failure of the exercise state to meet the predetermined reference means that the user's lower limb is not exercised (Cherian, [0230]; [0015], “to be sure to use the correct posture, to take periodic breaks”; [0347]; [0352], “one or more sensors can be provided within the Seat, either in the base of the Seat and/or the back support of the Seat, which would sense the position of the person sitting on that Seat. I would like to refer to such a seat as the Smart or PEP Seat”; [0357], “the Smart or PEP Seat would be able to sense the "inactivity" of the person sitting on it, and if the person does not move enough for any extended length of time”).
Re claim 4:
4. The exercise promotion system according to claim 1, wherein a failure of the exercise state to meet the predetermined reference means that the user's lower limb has not been exercised for more than a predetermined period of time (Cherian, fig. 29, “Start Work Period and … ”, “Exceeded Work Time?”; fig. 2; [0104], “FIG. 2 is shows the beginning of monitoring the "work time"”).
Re claim 5:
5. The exercise promotion system according to claim 1, wherein a failure of the exercise state to meet the predetermined reference means that an exercise load of the user's lower limb falls below the predetermined reference (Cherian, [0309], “"pedometer". It is basically a counter that senses the motion of a person walking and counts the number of steps that the person has taken”; [0245], “the program changes the setting on an "Exercise Counter", from its original setting to the subsequent count”).
Re claim 8:
The exercise promotion system according to claim 1, wherein the central processing unit is configured to change a display state of the display so that the display state of the display becomes less conducive to improving the efficiency of the office work performed by the user when the exercise state detected by the exercise state detection unit does not satisfy the predetermined reference (Cherian, figs. 2 – 7; a less appropriate state – “Hurrah! Break Time”; [0142], “the screen could show a short comment, like "Hurrah! Break Time", indicating that now the operator should take a break and rest”; the screen saver becomes “less appropriate state”when a user sits or works for a period of time ).
Re claim 9:
9. The exercise promotion system according to claim 8, wherein the display state of the display includes at least one of a height, an elevation angle, a horizontal angle, an effective region (Cherian, figs. 2 – 7 show an effective region of the display when a user becomes sedentary / sit for a period of time; [0142]; [0129]; [0127], “screen saver”), brightness, or a contrast ratio of an image display surface of the display.
Re claim 11:
11. A non-transitory computer readable medium storing a program that causes a computer to perform the method according to claim 10 (Cherian, [0284] – [0285], “computer”).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Cherian (US 2011/0033830 A1) and Bohnen et al. (US 2024/0000224 A1) as applied to claim 1 above, and further in view of Labrosse et al. (US 10827829 B1).
Re claim 6:
Cherian states poor posture, caused by improper chair height, a desk that is too high or low, or a display too far below eye level, can bring about back pain and spasms (Cherian, [0077]). Cherian does not explicitly adjusting a desk height based on a predetermine reference. Labrosse teaches an invention generally relates to devices and systems for benefiting the health and efficiency of workers in a workplace, and more particularly, to height-adjustable support surfaces and other devices to encourage health-benefiting movement by the worker (Labrosse, Abstract). Labrosse teaches 6. The exercise promotion system according to claim 1, wherein central processing unit is configured to transmit a control command to the lifting apparatus of the desk to cause a change in position of a top plate of the desk so that the state of the top plate of the desk becomes less conducive to improving the efficiency of the office work performed by the user when the exercise state detected by the exercise state detection unit does not satisfy the predetermined reference. (Labrosse, col. 34, lines 26 – 40, “vertical displacement frequency of desk movement and desk-height duration at certain heights can be used to predict the level of stress or fatigue of the user and can thereby select the best type of sound and sound characteristic to benefit the user and mitigate the effects of the stress and fatigue”; col. 50, lines 41 – 52; col. 23, lines 21 – 42; col. 24, lines 1 – 27, “perhaps control circuit 50 can change the duration that the table resides at the full up position from 60 minutes to 30 minutes so that the user will be less fatigued during each standing period”). Therefore, in view of Labrosse, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system described in Cherian, by providing height adjustable desk as taught by Labrosse, since control circuit can change the duration that the table resides at the full up position from 60 minutes to 30 minutes so that the user will be less fatigued during each standing period (Labrosse, col. 24, lines 1 – 27).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Cherian (US 2011/0033830 A1) and Bohnen et al. (US 2024/0000224 A1) as applied to claim 1 above, and further in view of Hoy et al. (US 2016/0183687 A1).
Re claim 7:
The combination of Cherian and Bohnen does not explicitly disclose height adjustable chair. Hoy teaches a furniture system includes a chair having a seat, a backrest coupled to the seat, and a base supporting the backrest and the seat. The furniture system also includes a plurality of sensors and a processor (Hoy, Abstract). Hoy teaches 7. The exercise promotion system according to claim 1, wherein the central processing unit is configured to transmit a control command to the lifting apparatus of the chair to cause a change in position of a seat surface of the chair so that the state of the seat surface of the chair becomes less conducive to improving the efficiency of the office work performed by the user when the exercise state detected by the exercise state detection unit does not satisfy the predetermined reference (Hoy, [0032], “automatic adjustment mechanisms can be implemented to adjust other structural features, including seat depth, armrest height, lumbar pressure, lumbar position, sacral support, spinal support, cranial support, thoracic support, foot support, leg support, calf support, and/or other seating support”; [0124], “ the job logic may indicate that the operator should adjust the operator's average number of daily task shifts to conform with the expected range for the job description. Additionally or alternatively, the job logic 1000 may adjust OPS actuators to set chair height”). Therefore, in view of Hoy, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system described in Cherian, by providing adjustable seat as taught by Hoy, since the system may determine distraction based on posture or seat position. In other words, the system 200 may determine that when the user is in certain postures, the user is distracted. The enterprise logic may respond to the identification with a notification encouraging the operator to stay on task. In some cases, operator feedback may be used to identify between actual distractions and productive breaks (Hoy, [0116]).
Response to Arguments
Applicant's arguments filed 10/29/2025 have been fully considered but they are not persuasive.
Applicant argues:
Cherian fails to teach or suggest anything to do with at least the claimed features: "cause a deterioration in [a] work environment, which makes [] office work more difficult for [a] user, when [an] exercise state detected by [a] working state detection unit does not meet [a] predetermined reference". Moreover, Labrosse fails to remedy the above-discussed deficiencies of Cherian, nor is Labrosse relied on for such an alleged disclosure. In contrast to the above-quoted claimed features, Labrosse merely discloses adjusting factors such as a desk height, vertical displacement frequency of the desk height, and duration at certain heights of the desk, in order to mitigate the effects of stress and fatigue for a user.
The examiner submits that the phrase: “deterioration in [a] work environment, which makes [] office work more difficult for [a] user” is a subjective since what cause deterioration in work environment varies from person to person. For example, one person may find that playing music can cause deterioration (distraction) in work place, meanwhile another person may find playing music can be soothing and relaxing. The phrase “cause a deterioration in the work environment, which makes the office work more difficult for the user” adds no weight to the claim 1 and 10. The same logic applies to the phrase “cause a change to the deteriorated work environment so that the work environment improves, which make the office work less difficult for the user” in claim 2.
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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/JACK YIP/Primary Examiner, Art Unit 3715