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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/31/2026 has been entered.
Response to Amendment
In the amendment filed 03/31/2026, the following has occurred: claims 1, 8, 16, and 24 have been amended. Now, claims 1-4, 6-11, 13-20, 22-28, and 30 remain pending.
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.
Claim(s) 1-4, 6-11, 13-20, 22-28, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fonte, US Patent Application Publication No. 2018/0078149 in view of Jayalath, US Patent Application Publication No.2020/0151595 and Giannelli, US Patent Application Publication No. 2016/0129301 and further in view of Moturu, US Patent Application Publication No. 2017/0000422.
As per claim 1, Fonte teaches system, comprising: an elliptical machine configured to be manipulated by a user while the user performs a treatment plan (see paragraph 0059; sensors that monitor user can include exercise equipment, including ellipticals; paragraph 0052; user has a current exercise regimen); one or more sensors (see paragraph 0059; sensors that monitor user can include exercise equipment); a display (see paragraph 0036; a display for user input and output); and a processing device (see paragraph 0006; processor configured to carry out the steps) configured to: receive, from the one or more sensors while the user performs the treatment plan, one or more measurements associated with the user (see paragraph 0006; receives sensor data of user’s blood flow metrics and physiological characteristics), determine, via one or more machine learning models, one or more content items to present to the user, wherein the determining is based on the one or more measurements and one or more characteristics of the user (see paragraph 0039; machine learning is used to analyze sensor metrics and user activity data; paragraph 0066; user interface displays indicators showing progress of an analysis and indicators tracking the analyzed data; paragraph 0084; trained machine learning models), and display, on the display while the user performs the treatment plan, the one or more content items, wherein the one or more content items comprise at least information related to a state of the user, and wherein the state of the user is associated with the one or more measurements or the one or more characteristics (see paragraph 0040; based on the analysis, reminder or alert is provided to the user to reminder the user to perform various activities).
Fonte does not explicitly teach the one or more content items comprise pre-recorded digital content or interactive digital content, control, based on the one or more content items and using the one or more trained machine learning models, one or more operating parameters of the elliptical machine by transmitting one or more control instructions to the elliptical machine. Jayalath teaches one or more content items comprise pre-recorded digital content or interactive digital content, control, based on one or more content items and using one or more trained machine learning models, one or more operating parameters of an elliptical machine by transmitting one or more control instructions to the elliptical machine (see paragraph 0045; determines and displays feedback to user which can be used for generating control instructions for connected exercise equipment; paragraph 0062; describing the use of a trained machine learning model). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to incorporate the control and transmitting of the instructions for operating the elliptical of Fonte with the motivation of providing users with personalized exercise treatments (see paragraph 0003 of Jayalath).
Fonte and Jayalath doe not explicitly teach the controlled parameters are for ranges of motion of one or more foot support members to cause the one or more foot support members to move along a slot of a crank member of the elliptical machine. Giannelli teaches an adjustable elliptical machine with adjustable ranges of motion of one or more foot support members to cause the one or more foot support members to move along a slot of a crank member of the elliptical machine (see paragraph 0194; elliptical training device with foot supports movably engaged with the frame linkage and crank; paragraph 0198; controlling the range of motion of foot supports). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to control these elements of an elliptical machine as disclosed in Fonte and Jayalath with the motivation of improving user exercises through foot support adjustment (see paragraph 0003 of Giannelli).
Fonte, Jayalath, and Giannelli does not explicitly teach the processing device is configured to initiate a telemedicine session, while the user performs the treatment plan, wherein the telemedicine session comprises the processing device communicatively coupled to a processing device associated with a healthcare professional. Moturu teaches a processing device is configured to initiate a telemedicine session, while a user performs a treatment plan, wherein the telemedicine session comprises the processing device communicatively coupled to a processing device associated with a healthcare professional (see paragraphs 0020 and 0103; a patient engages in therapeutic interventions, which may be provided through telemedicine notifications, and the interventions may be communicatively coupling to a health professional mobile computing device). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to initiate telemedicine between a provider and patient during exercise machine use in the system of Fonte, Jayalath, and Giannelli with the motivation of improving the health of patients, particularly in the cardiovascular health field (see paragraphs 0020-0021 of Moturu).
As per claim 2, Fonte, Jayalath, Giannelli, and Moturu teaches the system of claim 1 as described above. Fonte further teaches the one or more content items pertain to at least one selected from the group consisting of a cardiac rehabilitation, an oncologic rehabilitation, a cardio- oncologic rehabilitation, a rehabilitation from pathologies related to a prostate gland, male or female urogenital tract or male or female sexual reproduction, including pathologies related to a breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation (see paragraph 0020; e.g. cardiac treatments).
As per claim 3, Fonte, Jayalath, Giannelli, and Moturu teaches the system of claim 1 as described above. Fonte further teaches the processing device is further configured to: modify one or more risk factors of the user by presenting the one or more content items (see paragraph 0072; provides a user with risk information related to analysis of user data).
As per claim 4, Fonte, Jayalath, Giannelli, and Moturu teaches the system of claim 1 as described above. Fonte further teaches the processing device is further configured to: receive, from one or more peripheral devices, input from the user, wherein the input from the user comprises at least one selected from the group consisting of a request to view more details related to the information, a request to receive different information, a request to receive related or complementary information, and a request to stop presentation of the information (see paragraphs 0066-0067; a user may access and view information related to the information provided as output of the analysis).
As per claim 6, Fonte, Jayalath, Giannelli, and Moturu teaches the system of claim 1 as described above. Fonte further teaches based on a use of the elliptical machine by the user, the processing device is further configured to modify, in real-time or near real-time, a playback of the one or more content items (see paragraph 0066; as the user progresses with treatment, updated reports are generated for display).
As per claim 7, Fonte, Jayalath, Giannelli, and Moturu teaches the system of claim 3 as described above. Fonte further teaches the risk factors comprise modifiable risk factors relating to at least one of cholesterol levels, blood pressure levels, stress levels, diabetes levels, or some combination thereof (see paragraph 0072; provides a user with risk information related to analysis of user data, including cholesterol, blood pressure, stress, glucose levels – paragraphs 0073-0074).
Claims 8-11, 13-20, 22-28, and 30 recite substantially similar system, method, and medium limitations to system claims 1-4 and 6-7 and, as such, are rejected for similar reasons as given above.
Response to Arguments
In the remarks filed 03/31/2026, Applicant argues (1) Fonte does not teach determining one or more content items to present to the user; (2) Jayalath does not teach content items that are pre-recorded digital content or interactive digital content.
In response to Applicant’s arguments (1) and (2), updated portions of Fonte and Jayalath have been cited in the above rejections addressing these arguments. Specifically, paragraph 0066 of Fonte describes a user interface that displays indicators showing progress of an analysis and indicators tracking the analyzed data. This represents content items presented to a user based on the one or more measurements and one or more characteristics of the user. Additionally, paragraph 0045 of Jayalath describes determining and displaying feedback to a user which can be used for generating control instructions for connected exercise equipment. Based on these updated citations, the examine respectfully submits that the combination of Fonte and Jayalath teaches these limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hsieh, US Patent Application Publication No. 2015/0224364, discloses a portable control with a user interface customized for controlling operations of an exercise device.
Waters, International Publication No. WO 2005/086866 A2, discloses an interactive graphical display for controlling operations of an elliptical device.
Patch et al., An Exercise Data Logging System for Retrofitting Gym Equipment, discloses an exercise data logging system, logging exercise equipment, including elliptical machines.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to C. Luke Gilligan whose telephone number is (571)272-6770. The examiner can normally be reached Monday through Friday 9:00 - 5:00.
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C. Luke Gilligan
Primary Examiner
Art Unit 3683
/CHRISTOPHER L GILLIGAN/ Primary Examiner, Art Unit 3683
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