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 1-2, 4-5, 7-15, and 17-19 have been amended by applicant. Claims 20-21 have been newly added by applicant. Claim 16 has been cancelled by applicant.
In light of the amendments made by applicant, the claim objections have been withdrawn. However, in light of the amendments made by applicant, new claim objections are seen below.
Claims 1-15, 17-19, and 21 are rejected. Claims 9 and 20 are considered allowable subject matter.
Claim Objections
Claims 1-3, 9, 20, and 21 are objected to because of the following informalities:
In claim 1, line 2, “;” should read --:--
In claim 2, line 3, “the wheel” should read –the motorized exercise wheel—
In claim 3, line 3, “the wall” should read –the vertical wall—
In claim 9, line 3, “the wall” should read –the vertical wall—
In claim 20, lines 3, 6, and 8, “the wall” should read –the vertical wall—
In claim 20, lines 4, “the wheel” should read –the motorized exercise wheel—
In claim 20, line 10, “a surface” should read –the vertical surface—
In claim 20, lines 11, 15, and 16, “the surface” should read –the vertical surface—.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13, 18, and 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites in the preamble “An exercise system for use in performing an exercise on a generally vertical wall using a motorized exercise wheel”. Claim 1 continues to recite in lines 5-9 “the exercise having at least one cycle in which a user rolls the motorized exercise wheel along a surface in a first direction from a first position to a second position and then rolls the motorized exercise wheel along the surface in a second direction from the second position toward the first position thus forming an exercise cycle”. This claim is considered indefinite because it is unclear if the surface is the same as or different from the generally vertical wall. If they are the same, the claim needs to be amended for clarity. The examiner suggests removing “on a generally vertical wall” in claim 1. The examiner notes claim 1 also recites in lines 34-36, “wherein in the second exercise mode the microcontroller is configured to control the output torque of the motor according to a second torque trajectory parameter adapted for an exercise performed against a generally horizontal surface”, thereby contradicting the preamble of claim 1.
Claim 10 recites in the preamble, “An exercise system for use in performing an exercise on a generally vertical wall using a motorized exercise wheel”. Claim 10 continues to recite in lines 4-8, “the exercise having at least one cycle in which a user rolls the motorized exercise wheel along a surface in a first direction from a first position to a second position and then rolls the motorized exercise wheel along the surface in a second direction from the second position toward the first position thus forming an exercise cycle”. This claim is considered indefinite because it is unclear if the surface is the same as or different from the generally vertical wall. If they are the same, the claim needs to be amended for clarity. The examiner suggests removing “on a generally vertical wall” in claim 10. Furthermore, the examiner notes claim 21 recites in lines 5-7, “wherein in the second exercise mode the microcontroller is configured to control the output torque of the motor for an exercise performed against a generally horizontal surface” thereby contradicting the preamble of claim 10.
Claim 21 recites, in lines 3-5 “the first exercise mode the microcontroller is configured to control the output torque of the motor for an exercise performed against a generally vertical surface and thereby controls the output torque of the motor as a function of the vertical orientation of the surface”. This claim is considered indefinite because it is unclear if the ‘generally vertical surface’ is the same as or different from the generally vertical wall recited in claim 10 or the same as or different from the surface recited in claim 10.
Claim 18 recites in lines 6-9, “wherein in the horizontal exercise mode the microcontroller is configured to control the output torque of the motor according to a second torque trajectory parameter adapted for an exercise performed against a horizontal surface”. This claim is considered indefinite because claim 14 recites in the preamble “A method of using a motorized exercise wheel to perform an exercise on a generally vertical surface”. The examiner suggests removing “on a generally vertical wall” in claim 14 as the horizontal surface contradicts the preamble of claim 14.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 11 recites in lines 4-5, “a plurality of exercise parameters including the first exercise mode and the second exercise mode”, and claim 12 recites in lines 1-2, “wherein the plurality of exercise parameters includes the first exercise mode and the second exercise mode”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Chuah (PG Patent Publication No. US20230112877A1), in view of Mills (PG Patent Publication No. US20220008782A1).
Regarding claim 1, Chuah shows an exercise system for use in performing an exercise using a motorized exercise wheel (Chuah, powered abdominal roller 1, paragraph 0015), comprising; a motorized exercise wheel for performing the exercise, the exercise having at least one cycle in which a user rolls the motorized exercise wheel along the a surface in a first direction from a first position to a second position and then rolls the motorized exercise wheel along the surface in a second direction from the second position toward the first position thus forming an exercise cycle (Chuah, “Powered by battery 11, electric motor 18 activates and rotates its gears at the gear set 19, which further causes the output shaft(s) 22 to move in a circular motion, which drives the wheel 2 forward and/or backward”, paragraph 0026), the motorized exercise wheel including: a wheel assembly including a surface-contacting element (Chuah, powered wheel mechanism, paragraph 0015), the surface-contacting element (Chuah, wheel 2, paragraph 0015, FIG. 1) being configured to contact the surface and rotate in either a forward rotational direction or a backward rotational direction and thereby roll along the surface in either the first direction or the second direction (Chuah, “which further causes the output shaft(s) 22 to move in a circular motion, which drives the wheel 2 forward and/or backward”), a first and second handle configured to receive each hand of a user (Chuah, “During a body core muscles exercise routine, the user holds onto the handles 3a and 3b of the abdominal roller 1”, paragraph 0015), the first and second handle extending outward from respective sides of the wheel assembly (Chuah, “mounted on each side of said abdominal roller 1”, paragraph 0015, FIG. 1), a motor coupled to the wheel assembly and configured to apply an output torque to the surface-contacting element in either the forward rotational direction or the backward rotational direction (Chuah, “the shaft of electric motor 18 is connected to input gear 24a. When the electric motor 18 is energized, the input gear 24a triggers the rest of the gears, which further rotates the output shaft(s) 22… The output shaft(s) 22 of right member 10a engages with the socket 16 of wheel hub 14 of left member 10b to work in synchrony to drive the wheel 2 of the abdominal exercise roller 1 at the desired speed”, paragraph 0019), a microcontroller comprising one or more processors and being configured to control the output torque of the motor (Chuah, “The electronic module 9 may consist of a microprocessor… the electronic module 9 may be customized to set a wide range of powered wheel operations based on the user’s need, such as a single-clicking on switch 4 to rolling forward or backward, and a couple clicking to add resistance by reversing the wheel rotation against the forward motion, etc.”, paragraph 0027; The electric module of Chuah teaches the microcontroller of the claimed invention, and microprocessor of Chuah teaches the one or more processors of the claimed invention), a first sensor in communication with the microcontroller (Chuah, “The motion direction sensor 42 is connected to the electronic module 45”, paragraph 0030) and useable by the microcontroller to determine a movement variable of the motorized exercise wheel in real-time throughout the exercise cycle (Chuah, “The motion direction sensor 42 detects a change in the direction of the rotation, captures and sends the signal to the electronic module 45”, paragraph 0030), wherein the microcontroller is further configured to control the output torque of the motor over the exercise cycle dynamically as a function of the determined movement variable (Chuah, “which further causes the output shafts(s) 22 to move in a circular motion, which drives the wheel 2 forward and/or backward”, paragraph 0026), and a battery on-board the motorized exercise wheel and configured to power the motor and the microcontroller (Chuah, “The electric motor 18 is powered from battery 11 via input 21, paragraph 0019, and “Switch 4 is connected to the electronic module 9, which is further connected to battery 11 via wire 8”, paragraph 0026).
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Chuah
Chuah fails to explicitly teach the exercise system for use in performing an exercise specifically on a generally vertical wall; the motorized exercise wheel has at least two operational modes comprising a first exercise mode and a second exercise mode, wherein in the first exercise mode the microcontroller is configured to control the output torque of the motor according to a first torque trajectory parameter adapted for an exercise performed against a generally vertical surface, and wherein in the second exercise mode the microcontroller is configured to control the output torque of the motor according to a second torque trajectory parameter adapted for an exercise performed against a generally horizontal surface.
However, Mills, from the same field of endeavor, teaches the exercise system for use in performing an exercise specifically on a generally vertical wall; the motorized exercise wheel has at least two operational modes comprising a first exercise mode and a second exercise mode, wherein in the first exercise mode the microcontroller is configured to control the output torque of the motor according to a first torque trajectory parameter adapted for an exercise performed against a generally vertical surface, and wherein in the second exercise mode the microcontroller is configured to control the output torque of the motor according to a second torque trajectory parameter adapted for an exercise performed against a generally horizontal surface (Mills, “operating the exercise device 1, a user can place one or both hands on the platform 2, while the user's foot or feet are placed on a surface or on a platform. A surface can be a horizontal surface, such as the floor, table, platform, etc., or a vertical surface, such as a wall, barrier, etc., inclined, and can be flat or curved. The surface can also be a combination of these types of surfaces., The user can then push the exercise device 1 away from the zero position along the surface to an extended position. While the user pushes the exercise device 1 away from the zero position, the motor (or motors) can apply a torque to the wheel or wheels associated with the motor(s) that resists the pushing by the user. In some embodiments, the torque applied by the motor(s) can be a constant or a variable as the exercise device moves away from the zero position, such as by pushing by the user. In some embodiments of a variable torque, the torque can vary in relation to the distance between the exercise device and the zero position”, paragraph 0060; The generally vertical wall and the generally vertical surface of the claimed invention is taught by the vertical surface of Mills, such as the wall or barrier that can be inclined, flat, or curved. The generally horizontal surface of the claimed invention is taught by the horizontal surface, such as the floor, table, or platform of Mills. The application of torque to the wheels while operating the exercise device of Mills on a vertical surface that is inclined, flat, or cured teaches the first exercise mode corresponding with the first torque trajectory parameter of the claimed invention. The application of torque to the wheels while operating the exercise device of Mills on a horizontal surface teaches the second exercise mode corresponding with the second torque trajectory parameter 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 electronic module of the powered abdominal roller of Chuah to specifically be able to apply torque to the wheel of Chuah like that disclosed by Mills as both Chuah and Mills disclose the control of a motorized exercise wheel. Mills also discloses adjusting the torque of the wheels in a forward direction and a backward direction, just like Chuah, seen in paragraphs 0007 and 0008 of Mills. Mills simply takes it a step further than Chuah specifying adjusting the torque of the wheels along different elevations of surfaces.
Regarding claim 11, Chuah, in view of Mills, teaches exercise system of claim 1, Chuah shows the motorized exercise wheel further comprises: a user interface in operative communication with the microcontroller and configured to receive a user input indicative of one or more of a plurality of exercise parameters (Chuah, “The configuration setting in the electronic module 9 determines the operation of the powered wheel mechanism, either preprogrammed in the factory and or set by the user via interface control panel 5”, paragraph 0027; The configuration setting of Chuah shows the plurality of exercise parameters of the claimed invention), a storage medium accessible to the one or more processors configured to store a plurality of torque trajectory parameters; and wherein the microcontroller is configured to, based on the user input, select a torque trajectory parameter from among the plurality of torque trajectory parameters and control the output torque of the motor according to the selected torque trajectory parameter (Chuah, “The speed of the abdominal roller 1 can be optionally adjusted by the speed controller (not shown). The speed controller is a circuit device that controls the speed of motors, and it can be part of electronic module 9. The electric motor 18 is connected to the speed controller to run the roller at the desired speed. The speed controller may have several settings such as level 1, level 2, or level 3 to speed up or slow down the wheel's rotation speed”, paragraph 0027, and “The electronic module 9 may consist of a microprocessor embodied as a microchip and include associate storage elements for storing various system parameter data”, paragraph 0027; The speed controller settings of Chuah teaches the plurality of torque trajectory parameters of the claimed invention as the selected speed required the motor to produce a specific torque over time to maintain the speed. The storage elements for storing the various system parameter data of Chuah teaches the storage medium of the claimed invention).
Chuah fails to explicitly show the plurality of exercise parameters including the first exercise mode and the second exercise mode, and the plurality of torque trajectory parameters including the first torque trajectory parameter and the second torque trajectory parameter.
However, Mills, as cited above in paragraph 0060 of Mills, teaches the first exercise mode corresponding with the first torque trajectory parameter of the claimed invention with the application of torque to the wheels while operating the exercise device of Mills on a vertical surface that is inclined, flat, or cured, and teaches the second torque trajectory parameter of the claimed invention with the application of torque to the wheels while operating the exercise device of Mills on a horizontal surface.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have electronic module of the powered abdominal roller of Chuah to include the application of torque to the wheels while operating the exercise device of Mills on a vertical surface that is inclined, flat, or cured and the application of torque to the wheels while operating the exercise device of Mills on a horizontal surface in light of the modification made above in claim 1.
Regarding claim 12, Chuah, in view of Mills, teaches the exercise system of claim 11, wherein the plurality of exercise parameters includes the first exercise mode and the second exercise mode (See claim 11 above).
Regarding claim 13, Chuah, in view of Mills, teaches the exercise system of claim 1, Chuah shows the microcontroller is configured to execute a damped shutdown of the motorized exercise wheel in response to detecting the surface-contacting element slipping (Chuah, “the abdominal roller decelerates if the motion is faster than the desired value”, paragraph 0031; The motion being faster than the desired value of Chuah teaches the surface-contacting element slipping relative to the surface of the claimed invention. When a user engaged with the abdominal roller of Chuah begins to slip and/or is slipping, there is a loss of control and loss of traction. This loss of control and traction results in the user with the abdominal roller to move faster than intended due to gravity. Therefore, the motion of Chuah being faster than the desired value, which results in the abdominal roller of Chuah decelerating, accounts for when a user is slipping relative to the surface).
Chuah fails to explicitly show the damped shutdown being in response to the detection of the surface-contacting element slipping specifically relative to the vertical surface.
However, Mills, as cited above in paragraph 0060 of Mills, teaches the motor applying torque to the wheels on a vertical surface.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have electronic module of the powered abdominal roller of Chuah to decelerate while being used on a vertical surface in light of the modification made in claim 1 above. As Mills already discloses adjusting the torque for a horizontal surface as well as a vertical surface, it would be obvious to apply the deceleration of the wheels for both surfaces.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Chuah (PG Patent Publication No. US20230112877A1), in view of Mills (PG Patent Publication No. US20220008782A1) as applied to claim 1 above, and further in view of Boatwright (PG Patent Publication No. US20010018386A1).
Regarding claim 2, Chuah, in view of Mills, teaches the exercise system of claim 1, including the wheel.
Chuah and Mills fail to teach further comprising: a wall protection device configured to be mounted to the wall and provide a generally vertical surface for the wheel to be rolled against during the exercise, wherein the wall protection device comprises a front surface, and an opposing back surface configured to be mounted against the wall.
However, Boatwright, a teaching reference which is showing a similar problem of supporting a user while performing exercises against and across a vertical wall, teaches a wall protection device configured to be mounted to the wall and provide a generally vertical surface for the wheel to be rolled against during the exercise (Boatwright, “The embodiment designed for permanent installation comprises a flat sliding surface 2 that has at least two mounting support members (6 and 8) for mounting the flat surface to the wall. The sliding surface should have a smooth finish which allows the user to slide up or down in relation to the floor and along the mounted flat sliding surface… The method for temporary attachment of the device to a wall includes the use of tape or velcro is described below. In this case, the device does not need the mounting support members, a simple flat surface can be attached to wall or door via adhesive material e.g. duct tape, etc”, paragraph 0019-0020; The flat sliding surface 2 of Boatwright teaches the wall protection device of the claimed invention), wherein the wall protection device comprises a front surface, and an opposing back surface configured to be mounted against the wall (Boatwright, see FIG. 5 below).
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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 modified powered abdominal roller to be performed with the flat sliding surface of Boatwright as Mills already discloses performing exercises with a vertical wall. Boatwright also discloses in paragraph 0002, “wherein the surface allows for sliding movements, up and down against the wall”, thereby making it obvious to perform roll out exercises with the exercise roller of Fowler against the flat sliding surface of Boatwright as a roll out exercise is comparable to sliding movements.
Regarding claim 3, Chuah, in view of Mills and Boatwright, teaches the exercise system of claim 2, wherein the wall protection device further comprises a repositionable adhesive applied along lengthwise edges of the back surface for removeably adhering the wall protection device to the wall (Boatwright, “The method for temporary attachment of the device includes the use of adhesive strips such as duct tape, etc. that adhere the flat sliding surface to a door or wall, etc”, paragraph 0010; See motivation to combine references above. In light of the functional language, and in the broadest reasonable interpretation of the claim, the adhesive strips of Boatwright teach the repositionable adhesive that is applicable along lengthwise edges of the back surface of the flat sliding surface of Boatwright).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chuah (PG Patent Publication No. US20230112877A1), in view of Mills (PG Patent Publication No. US20220008782A1) and Boatwright (PG Patent Publication No. US20010018386A1), as applied to claim 3 above, and further in view of Brown (PG Patent Publication No. US20020098947A1).
Regarding claim 4, Chuah, in view of Mills and Boatwright, teaches the exercise system of claim 3. Boatwright teaches the wall protection device being constructed of a material having a rigidity sufficient to resist stretching of the mat front surface in a lengthwise direction (Boatwright, “The device should be of a material that can support the force created by the friction of the user as he slides against the flat surface of the device”, paragraph 0009, and “It is thought that the preferred material for construction of the Back Slide would be of some type of flexible plastic”, paragraph 0024).
Chuah, Mills, and Boatwright, fail to explicitly teach the rigidity being sufficient to resist stretching of the mat when a torque output by the motorized exercise wheel is exerted against the front surface in the lengthwise direction.
However, Brown, a teaching reference which is showing a similar problem of providing an exercise mat with the structural integrity to support a user while performing an exercise with the exercise mat, discloses in the Abstract, “An exercising and sports conditioning mat, which has a multi-purpose, non-slip top layer, a layer of shock absorbing material and a bottom layer of non-sliding material”. Brown continues to disclose, in paragraphs 0021-0022, “The mat is made of materials that interact to absorb the stresses due to impact during exercise and sports training… Therefore, the top layer 12 is made of a material on which the exerciser can move about and jump without fear of slipping, and which facilitates exercise movements, such as pivoting, jumping, sliding and running”.
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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 modified the flat sliding surface of Boatwright, to specifically be made of a material having a rigidity sufficient to resist stretching of the mat in a lengthwise direction specifically when using the modified powered abdominal roller in order to protect the structural integrity of the device. Brown teaches the need to provide such materials that prevent slippage while a user performs sports training, i.e. utilizing materials that are sufficient to support and endure the wear and tear of the type of activities being performed with the mat, making this modification obvious.
Regarding claim 5, Chuah, in view of Mills, Boatwright, and Brown, teaches the exercise system of claim 4. Brown teaches the front surface of the wall protection device being constructed of a material having a coefficient of friction for providing a suitable amount friction between the front surface and the surface-contacting element when the torque output by the motorized exercise wheel is exerted against the front surface (Brown; As noted above in claim 4, Brown also teaches the need to provide such materials that prevent slippage while a user performs sports training, i.e. utilizing materials that are sufficient to support and endure the wear and tear of the type of activities being performed with the mat, and to have a coefficient of friction for providing a suitable amount friction between the front surface and the surface-contacting element when the torque output by the fitness wheel is exerted against the front surface obvious. The claim does not explicitly disclose what the coefficient of friction is required to meet the criteria of providing a suitable amount friction between the front surface and the surface-contacting element when the torque output by the fitness wheel is exerted against the front surface.).
Regarding claim 6, Chuah, in view of Mills, Boatwright, and Brown, teaches the exercise system of claim 5. Brown teaches wherein the material of the front surface is compressible when the surface-contacting element is forced against the front surface by a user and thereby increases a contact area between the front surface and the surface-contacting element (Brown, “The top layer 12 is positioned on top of the intermediate layer of shock absorbing material 14. It includes a top surface 20. The exercising and sports conditioning are performed on top surface 20. Therefore, the top layer 12 is made of a material on which the exerciser can move about and jump without fear of slipping, and which facilitates exercise movements, such as pivoting, jumping, sliding and running. The intermediate shock absorbing layer 14, which is located between the top layer 12 and the bottom layer 16, comprises a shock absorbing and anti-fatigue material. The material comprising the intermediate shock absorbing layer 14 absorbs and dissipates the energy of the exercise, or the impact of the body of the user on the mat”, paragraphs 0022-0023; Chuah, as modified above in claim 5, teaches the front surface. Boatwright also discloses in paragraph 0009, “The device should be of a material that can support the force created by the friction of the user as he slides against the flat surface of the device”. Therefore, it would have been obvious to therefore incorporate both the top layer and the intermediate layer of Brown to the system taught by Chuah, Mills, and Boatwright, to account for the force imparted by the abdominal exercise roller of Chuah against the device of Boatwright. Furthermore, in order for the intermediate layer of Brown to be shock absorbing, the material needs to be able to compress under pressure. The top layer is therefore deformable for the intermediate layer to be shock absorbing, thereby teaching the material of the front surface being compressible of the claimed invention. Furthermore, as the intermediate layer is compressible, it is well known in the art that a compressible surface allows the material to deform and spread the force of contact over a larger area, thereby teaching increasing a contact area between the front surface and the surface-contacting element of the claimed invention. See motivation to combine references above).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chuah (PG Patent Publication No. US20230112877A1), in view of Mills (PG Patent Publication No. US20220008782A1), Boatwright (PG Patent Publication No. US20010018386A1), and Brown (PG Patent Publication No. US20020098947A1), as applied to claim 6 above, and further in view of Stryska (PG Patent Publication No. US20200215379A1).
Regarding claim 7, Chuah, in view of Mills, Boatwright, and Brown, teaches the exercise system of claim 6, wherein the wall protection device comprises an elongate flexible mat (Boatwright, “a flat sliding surface 2 that has at least two mounting support members (6 and 8) for mounting the flat surface to the wall… The surface material should be able to be rolled up for transport”, paragraph 0019 and see abstract, see FIG. 5 above in claim 2).
Chuah, Mills, Boatwright, and Brown fail to explicitly teach wherein at least the front surface of the elongate flexible mat is constructed of a PVC foam material.
However, Stryska, from the same field of endeavor, teaches the at least the front surface of the elongate flexible mat is constructed of a PVC foam material (Stryska, “The first padding material may be composed of at least one material selected from the group consisting of latex, rubber, jute, and PVC vinyl”, paragraph 0024; The PVC vinyl of Stryska teaches the PVC foam material of the claimed invention as PVC vinyl is a type of PVC foam).
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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 modified the material of the top layer of the mat of Fowler as modified in claim 6 to specifically be PVC vinyl of Stryska as Stryska also disclose a mat for sliding exercises. Furthermore, it is well known in the art that PVC vinyl is a common material used for yoga or exercise mats as evidenced by Stryska in paragraph 0024, “The first padding material could be an eco-friendly material which contains natural rubber and no synthetic rubber. The first padding material could be covered with a microfiber suede surface and could include designs on the open surface of the material”. Boatwright already discloses “It is thought that the preferred material for construction of the Back Slide would be of some type of flexible plastic” as noted above in claim 4, simply failing to specify the type of flexible plastic, making this modification obvious.
Regarding claim 8, Chuah, in view of Mills, Boatwright, Brown, and Stryska, teaches the exercise system of claim 7. Brown teaches wherein a thickness of the elongate flexible mat is around 12 mm (Brown, “the mat can be as thin as about 0.25 inches and as thick as about two inches”, paragraph 0020; The thickness of 12mm of the claimed invention converts to approximately 0.47 inches, which falls within the range disclosed by Brown).
Claims 10 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Chuah (PG Patent Publication No. US20230112877A1), in view of Mills (PG Patent Publication No. US20220008782A1).
Regarding claim 10, Chuah shows an exercise system for use in performing an exercise using a motorized exercise wheel (Chuah, powered abdominal roller 1, paragraph 0015), comprising: the motorized exercise wheel for performing the exercise, the exercise having at least one cycle in which a user rolls the motorized exercise wheel along a surface in a first direction from a first position to a second position and then rolls the motorized exercise wheel along the surface in a second direction from the second position toward the first position thus forming an exercise cycle (Chuah, “Powered by battery 11, electric motor 18 activates and rotates its gears at the gear set 19, which further causes the output shaft(s) 22 to move in a circular motion, which drives the wheel 2 forward and/or backward”, paragraph 0026), the motorized exercise wheel including: a wheel assembly including a surface-contacting element (Chuah, powered wheel mechanism, paragraph 0015), the surface-contacting element (Chuah, wheel 2, paragraph 0015, FIG. 1) being configured to contact the surface and rotate in either a forward rotational direction or a backward rotational direction and thereby roll along the surface in either the first direction or the second direction (Chuah, “which further causes the output shaft(s) 22 to move in a circular motion, which drives the wheel 2 forward and/or backward”), a first and second handle configured to receive each hand of a user (Chuah, “During a body core muscles exercise routine, the user holds onto the handles 3a and 3b of the abdominal roller 1”, paragraph 0015), the first and second handle extending outward from respective sides of the wheel assembly (Chuah, “mounted on each side of said abdominal roller 1”, paragraph 0015, FIG. 1), a motor coupled to the wheel assembly and configured to apply an output torque to the surface-contacting element in either the forward rotational direction or the backward rotational direction (Chuah, “the shaft of electric motor 18 is connected to input gear 24a. When the electric motor 18 is energized, the input gear 24a triggers the rest of the gears, which further rotates the output shaft(s) 22… The output shaft(s) 22 of right member 10a engages with the socket 16 of wheel hub 14 of left member 10b to work in synchrony to drive the wheel 2 of the abdominal exercise roller 1 at the desired speed”, paragraph 0019), a microcontroller comprising one or more processors and being configured to control the output torque of the motor (Chuah, “The electronic module 9 may consist of a microprocessor… the electronic module 9 may be customized to set a wide range of powered wheel operations based on the user’s need, such as a single-clicking on switch 4 to rolling forward or backward, and a couple clicking to add resistance by reversing the wheel rotation against the forward motion, etc.”, paragraph 0027; The electric module of Chuah teaches the microcontroller of the claimed invention, and microprocessor of Chuah teaches the one or more processors of the claimed invention), a first sensor in communication with the microcontroller (Chuah, “The motion direction sensor 42 is connected to the electronic module 45”, paragraph 0030) and useable by the microcontroller to determine a movement variable of the motorized exercise wheel in real-time throughout the exercise cycle (Chuah, “The motion direction sensor 42 detects a change in the direction of the rotation, captures and sends the signal to the electronic module 45”, paragraph 0030), wherein the microcontroller is further configured to control the output torque of the motor over the exercise cycle dynamically as a function of the determined movement variable (Chuah, “which further causes the output shafts(s) 22 to move in a circular motion, which drives the wheel 2 forward and/or backward”, paragraph 0026).
Chuah fails to explicitly teach the exercise system for use in performing an exercise specifically on a generally vertical wall; and wherein the microcontroller is configured to control the output torque of the motor as a function of the vertical orientation of the surface that the exercise is being performed on.
However, Mills, from the same field of endeavor, teaches the exercise system for use in performing an exercise specifically on a generally vertical wall; and wherein the microcontroller is configured to control the output torque of the motor as a function of the vertical orientation of the surface that the exercise is being performed on (Mills, “operating the exercise device 1, a user can place one or both hands on the platform 2, while the user's foot or feet are placed on a surface or on a platform. A surface can be a horizontal surface, such as the floor, table, platform, etc., or a vertical surface, such as a wall, barrier, etc., inclined, and can be flat or curved. The surface can also be a combination of these types of surfaces., The user can then push the exercise device 1 away from the zero position along the surface to an extended position. While the user pushes the exercise device 1 away from the zero position, the motor (or motors) can apply a torque to the wheel or wheels associated with the motor(s) that resists the pushing by the user. In some embodiments, the torque applied by the motor(s) can be a constant or a variable as the exercise device moves away from the zero position, such as by pushing by the user. In some embodiments of a variable torque, the torque can vary in relation to the distance between the exercise device and the zero position”, paragraph 0060; The generally vertical wall of the claimed invention is taught by the vertical surface of Mills, such as the wall or barrier that can be inclined, flat, or curved. The application of torque to the wheels while operating the exercise device of Mills on a vertical surface that is inclined, flat, or cured teaches the control of the output torque of the motor as a function of the vertical orientation of the surface that the exercise is being performed on 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 electronic module of the powered abdominal roller of Chuah to specifically be able to apply torque to the wheel of Chuah like that disclosed by Mills as both Chuah and Mills disclose the control of a motorized exercise wheel. Mills also discloses adjusting the torque of the wheels in a forward direction and a backward direction, just like Chuah, seen in paragraphs 0007 and 0008 of Mills. Mills simply takes it a step further than Chuah specifying adjusting the torque of the wheels along vertical surfaces.
Regarding claim 21, Chuah, in view of Mills, teaches the exercise system of claim 10, including the microcontroller and the motor.
Chuah fails to explicitly show the motorized exercise wheel has at least two operational modes comprising a first exercise mode and a second exercise mode, wherein in the first exercise mode the microcontroller is configured to control the output torque of the motor for an exercise performed against a generally vertical surface and thereby controls the output torque of the motor as a function of the vertical orientation of the surface, and wherein in the second exercise mode the microcontroller is configured to control the output torque of the motor for an exercise performed against a generally horizontal surface.
However, Mills teaches the motorized exercise wheel has at least two operational modes comprising a first exercise mode and a second exercise mode, wherein in the first exercise mode the microcontroller is configured to control the output torque of the motor for an exercise performed against a generally vertical surface and thereby controls the output torque of the motor as a function of the vertical orientation of the surface, and wherein in the second exercise mode the microcontroller is configured to control the output torque of the motor for an exercise performed against a generally horizontal surface (Mills, see paragraph 0060 above; The generally vertical wall and the generally vertical surface of the claimed invention is taught by the vertical surface of Mills, such as the wall or barrier that can be inclined, flat, or curved. The generally horizontal surface of the claimed invention is taught by the horizontal surface, such as the floor, table, or platform of Mills. The application of torque to the wheels while operating the exercise device of Mills on a vertical surface that is inclined, flat, or cured teaches the first exercise mode corresponding with the first torque trajectory parameter of the claimed invention. The application of torque to the wheels while operating the exercise device of Mills on a horizontal surface teaches the second exercise mode corresponding with the second torque trajectory parameter 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 electronic module of the powered abdominal roller of Chuah to specifically be able to apply torque to the wheel of Chuah like that disclosed by Mills as both Chuah and Mills disclose the control of a motorized exercise wheel. Mills also discloses adjusting the torque of the wheels in a forward direction and a backward direction, just like Chuah, seen in paragraphs 0007 and 0008 of Mills. Mills simply takes it a step further than Chuah specifying adjusting the torque of the wheels along different elevations of surfaces.
Claims 14-15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chuah (PG Patent Publication No. US20230112877A1), in view of Mills (PG Patent Publication No. US20220008782A1).
Regarding claim 14, Chuah shows a method of using a motorized exercise wheel to perform an exercise, wherein the motorized exercise wheel (Chuah, powered abdominal roller 1, paragraph 0015) includes: a wheel assembly (Chuah, powered wheel mechanism, paragraph 0015) including the surface-contacting element (Chuah, wheel 2, paragraph 0015, FIG. 1), the surface-contacting element being configured to contact a surface (Chuah, “the user first places the abdominal roller 1 on the floor”, paragraph 0020) and rotate in either a forward rotational direction or a backward rotational direction (Chuah, “which further causes the output shaft(s) 22 to move in a circular motion, which drives the wheel 2 forward and/or backward”, paragraph 0026), a first and second handle configured to receive each hand of a user (Chuah, “During a body core muscles exercise routine, the user holds onto the handles 3a and 3b of the abdominal roller 1”, paragraph 0015), the first and second handle extending outward from respective sides of the wheel assembly (Chuah, “mounted on each side of said abdominal roller 1”, paragraph 0015, FIG. 1), a motor coupled to the wheel assembly and configured to apply an output torque to the surface-contacting element in either the forward rotational direction or the backward rotational direction (Chuah, “the shaft of electric motor 18 is connected to input gear 24a. When the electric motor 18 is energized, the input gear 24a triggers the rest of the gears, which further rotates the output shaft(s) 22… The output shaft(s) 22 of right member 10a engages with the socket 16 of wheel hub 14 of left member 10b to work in synchrony to drive the wheel 2 of the abdominal exercise roller 1 at the desired speed”, paragraph 0019), a microcontroller comprising one or more processors and being configured to control the output torque of the motor (Chuah, “The electronic module 9 may consist of a microprocessor… the electronic module 9 may be customized to set a wide range of powered wheel operations based on the user’s need, such as a single-clicking on switch 4 to rolling forward or backward, and a couple clicking to add resistance by reversing the wheel rotation against the forward motion, etc.”, paragraph 0027; The electric module of Chuah teaches the microcontroller of the claimed invention), a first sensor in communication with the microcontroller (Chuah, “The motion direction sensor 42 is connected to the electronic module 45”, paragraph 0030) and useable by the microcontroller to determine a movement variable of the motorized exercise wheel in real-time throughout an exercise cycle (Chuah, “The motion direction sensor 42 detects a change in the direction of the rotation, captures and sends the signal to the electronic module 45”, paragraph 0030), wherein the microcontroller is further configured to control the output torque of the motor over the exercise cycle dynamically as a function of the determined movement variable (Chuah, “which further causes the output shafts(s) 22 to move in a circular motion, which drives the wheel 2 forward and/or backward”, paragraph 0026), and a battery on-board the motorized exercise wheel and configured to power the motor and the microcontroller (Chuah, “The electric motor 18 is powered from battery 11 via input 21, paragraph 0019, and “Switch 4 is connected to the electronic module 9, which is further connected to battery 11 via wire 8”, paragraph 0026); wherein during movement of the motorized exercise wheel in the first direction the microcontroller is configured to control the output torque to one or more of resist rotation of the surface-contacting element and assist rotation of the surface-contacting element (Chuah, “The electronic module 9 may consist of a microprocessor… the electronic module 9 may be customized to set a wide range of powered wheel operations based on the user’s need, such as a single-clicking on switch 4 to rolling forward or backward, and a couple clicking to add resistance by reversing the wheel rotation against the forward motion, etc.”); wherein during movement of the motorized exercise wheel in the first direction the microcontroller is configured to control the output torque to one or more of resist rotation of the surface-contacting element and assist rotation of the surface-contacting element (Chuah, “The electronic module 9 may consist of a microprocessor… the electronic module 9 may be customized to set a wide range of powered wheel operations based on the user’s need, such as a single-clicking on switch 4 to rolling forward or backward, and a couple clicking to add resistance by reversing the wheel rotation against the forward motion, etc.”).
Chuah fails to explicitly show a method of using a motorized exercise wheel to perform an exercise on a generally vertical surface, comprising; positioning, by a user, a surface-contacting element of the exercise wheel against the generally vertical surface; the surface-contacting element being configured to contact specifically the vertical surface; rolling, by the user, the exercise wheel along the surface in the first direction from a first position to a second position while maintaining the surface-contacting element against the surface; rolling, by the user, the exercise wheel along the surface in the second direction, which is opposite the first direction, from the second position to the first position; and wherein the microcontroller is configured to control the output torque of the motor as a function of the vertical orientation of the vertical surface that the exercise is being performed on.
However, Mills, from the same field of endeavor, teaches a method of using a motorized exercise wheel to perform an exercise on a generally vertical surface, comprising; positioning, by a user, a surface-contacting element of the exercise wheel against the generally vertical surface; the surface-contacting element being configured to contact specifically the vertical surface; rolling, by the user, the exercise wheel along the surface in the first direction from a first position to a second position while maintaining the surface-contacting element against the surface; rolling, by the user, the exercise wheel along the surface in the second direction, which is opposite the first direction, from the second position to the first position; and wherein the microcontroller is configured to control the output torque of the motor as a function of the vertical orientation of the vertical surface that the exercise is being performed on (Mills, “operating the exercise device 1, a user can place one or both hands on the platform 2, while the user's foot or feet are placed on a surface or on a platform. A surface can be a horizontal surface, such as the floor, table, platform, etc., or a vertical surface, such as a wall, barrier, etc., inclined, and can be flat or curved. The surface can also be a combination of these types of surfaces., The user can then push the exercise device 1 away from the zero position along the surface to an extended position. While the user pushes the exercise device 1 away from the zero position, the motor (or motors) can apply a torque to the wheel or wheels associated with the motor(s) that resists the pushing by the user. In some embodiments, the torque applied by the motor(s) can be a constant or a variable as the exercise device moves away from the zero position, such as by pushing by the user. In some embodiments of a variable torque, the torque can vary in relation to the distance between the exercise device and the zero position”, paragraph 0060; The generally vertical surface of the claimed invention is taught by the vertical surface of Mills, such as the wall or barrier that can be inclined, flat, or curved. The application of torque to the wheels while operating the exercise device of Mills on a vertical surface that is inclined, flat, or cured teaches the rolling, by the user, the exercise wheel along the surface in the first direction from a first position to a second position while maintaining the surface-contacting element against the surface; rolling, by the user, the exercise wheel along the surface in the second direction, which is opposite the first direction, from the second position to the first position; and wherein the microcontroller is configured to control the output torque of the motor as a function of the vertical orientation of the vertical surface that the exercise is being performed on 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 electronic module of the powered abdominal roller of Chuah to specifically be able to apply torque to the wheel of Chuah like that disclosed by Mills as both Chuah and Mills disclose the control of a motorized exercise wheel. Mills also discloses adjusting the torque of the wheels in a forward direction and a backward direction, just like Chuah, seen in paragraphs 0007 and 0008 of Mills. Mills simply takes it a step further than Chuah specifying adjusting the torque of the wheels along vertical surfaces.
Regarding claim 15, Chuah, in view of Mills, teaches the method of claim 14, further comprising: during the steps of positioning the surface-contacting element of the motorized exercise wheel against the vertical surface, rolling the motorized exercise wheel along the surface the vertical surface in the first direction and rolling the motorized exercise wheel along the vertical surface in the second direction, pressing the surface-contacting element against the vertical surface to increase friction between the surface-contacting element and the vertical surface and counteract slippage of the surface-contacting element relative to the vertical surface (Chuah discloses the use of the abdominal roller with a surface, specifically the ground, in paragraphs 0020-0021 “the user first places the abdominal roller 1 on the floor…When the user rolls forward, his abdominal muscles lengthen… During the contracting phase, the user may engage the powered wheel mechanism to assist the movement”. This use of the abdominal roller and the ground results with the increase of friction between the abdominal roller and the ground, and the increase in friction counteracts slippage. In light of the modification of Chuah, in view of Mills, the same concept applies when the surface is specifically a vertical wall).
Regarding claim 17, Chuah, in view of Mills, teaches the method of claim 14, wherein the motorized exercise wheel further comprises: a user interface in operative communication with the microcontroller and configured to receive a user input indicative of an exercise parameter (Chuah, “The configuration setting in the electronic module 9 determines the operation of the powered wheel mechanism, either preprogrammed in the factory and or set by the user via interface control panel 5”, paragraph 0027; The configuration setting of Chuah shows the plurality of exercise parameters of the claimed invention), a plurality of torque trajectory parameters stored in a storage medium accessible to the one or more processors; and wherein the microcontroller is configured to, based on the user input, select a torque trajectory parameter from among the plurality of torque trajectory parameters and control the output torque of the motor according to the selected torque trajectory parameter (Chuah, “The speed of the abdominal roller 1 can be optionally adjusted by the speed controller (not shown). The speed controller is a circuit device that controls the speed of motors, and it can be part of electronic module 9. The electric motor 18 is connected to the speed controller to run the roller at the desired speed. The speed controller may have several settings such as level 1, level 2, or level 3 to speed up or slow down the wheel's rotation speed”, paragraph 0027, and “The electronic module 9 may consist of a microprocessor embodied as a microchip and include associate storage elements for storing various system parameter data”, paragraph 0027; The speed controller settings of Chuah teaches the plurality of torque trajectory parameters of the claimed invention as the selected speed required the motor to produce a specific torque over time to maintain the speed. The storage elements for storing the various system parameter data of Chuah teaches the storage medium of the claimed invention).
Regarding claim 18, Chuah, in view of Mills, teaches the method of claim 17,
Chuah fails to explicitly show the exercise parameter includes a vertical exercise mode and a horizontal exercise mode, the method further comprising: selecting by the user using the user interface one of the vertical exercise mode and the horizontal exercise mode, wherein in the vertical exercise mode the microcontroller is configured to control the output torque of the motor according to a first torque trajectory parameter adapted for an exercise performed against the generally vertical surface, and wherein in the horizontal exercise mode the microcontroller is configured to control the output torque of the motor according to a second torque trajectory parameter adapted for an exercise performed against a horizontal surface.
However, Mills, as cited above in paragraph 0060 of Mills, teaches the first exercise mode corresponding with the first torque trajectory parameter of the claimed invention with the application of torque to the wheels while operating the exercise device of Mills on a vertical surface that is inclined, flat, or cured, and teaches the second torque trajectory parameter of the claimed invention with the application of torque to the wheels while operating the exercise device of Mills on a horizontal surface.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have electronic module of the powered abdominal roller of Chuah to include the application of torque to the wheels while operating the exercise device of Mills on a vertical surface that is inclined, flat, or cured and the application of torque to the wheels while operating the exercise device of Mills on a horizontal surface in light of the modification made above in claim 14.
Regarding claim 19, Chuah, in view of Mills, teaches the method of claim 14, wherein the microcontroller is configured to execute a damped shutdown of the motorized exercise wheel in response to the surface-contacting element rotating in a manner indicative of the surface contacting element slipping relative to the vertical surface (Chuah, “the abdominal roller decelerates if the motion is faster than the desired value”, paragraph 0031; The motion being faster than the desired value of Chuah teaches the surface-contacting element slipping relative to the surface of the claimed invention. When a user engaged with the abdominal roller of Chuah begins to slip and/or is slipping, there is a loss of control and loss of traction. This loss of control and traction results in the user with the abdominal roller to move faster than intended due to gravity. Therefore, the motion of Chuah being faster than the desired value, which results in the abdominal roller of Chuah decelerating, accounts for when a user is slipping relative to the surface).
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 20 is considered allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art teach or make obvious the combinations of all the limitations required by dependent claim 9, more specifically, the exercise system of claim 2, wherein a side profile of the wall protection device is arcuately shaped such that a top end and a bottom end of the wall protection device protrude further away from the wall than a center section.
The closest prior art of record, Chuah (US20230112877A1), Mills (US20220008782A1), and Boatwright (US20010018386A1), discloses the exercise system of claim 2, including the wall protection device, but fails to disclose, a side profile of the wall protection device is arcuately shaped such that a top end and a bottom end of the wall protection device protrude further away from the wall than a center section.
There is no evidence from the prior art why someone skilled in the art would have anticipated a modification of the side profile of the flat sliding surface of Boatwright to specifically be arcuately shaped without hindsight of the claimed invention.
None of the prior art teach or make obvious the combinations of all the limitations required by independent claim 20, more specifically, an exercise system for use in performing an exercise on a generally vertical wall using a motorized exercise wheel, comprising: an elongate wall protection device configured to be mounted to the wall and provide a generally vertical surface for the wheel to be rolled against during the exercise, wherein the wall protection device has a front surface, and an opposing back surface configured to be mounted against the wall, wherein a side profile of the surface protection device is arcuately shaped such that a top end and a bottom end of the elongate wall protection device protrude further away from the wall than a center section; and the motorized exercise wheel for performing the exercise, the exercise having at least one cycle in which a user rolls the motorized exercise wheel along a surface in a first direction from a first position to a second position and then rolls the motorized exercise wheel along the surface in a second direction from the second position toward the first position thus forming an exercise cycle, the motorized exercise wheel including: a wheel assembly including a surface-contacting element, the surface-contacting element being configured to contact the surface and rotate in either a forward rotational direction or a backward rotational direction and thereby roll along the surface in either the first direction or the second direction, a first and second handle configured to receive each hand of a user, the first and second handle extending outward from respective sides of the wheel assembly, a motor coupled to the wheel assembly and configured to apply an output torque to the surface-contacting element in either the forward rotational direction or the backward rotational direction, a microcontroller comprising one or more processors and being configured to control the output torque of the motor, a first sensor in communication with the microcontroller and useable by the microcontroller to determine a movement variable of the motorized exercise wheel in real- time throughout the exercise cycle, wherein the microcontroller is further configured to control the output torque of the motor over the exercise cycle dynamically as a function of the determined movement variable, and a battery on-board the motorized exercise wheel and configured to power the motor and the microcontroller.
The closest prior art of record, Fowler (US20220273981A1), Boatwright (US20010018386A1), and Chuah (US20230112877A1), discloses an exercise system for use in performing an exercise on a generally vertical wall using a motorized exercise wheel, comprising: an elongate wall protection device configured to be mounted to the wall and provide a generally vertical surface for the wheel to be rolled against during the exercise, wherein the wall protection device has a front surface, and an opposing back surface configured to be mounted against the wall; and the motorized exercise wheel for performing the exercise, the exercise having at least one cycle in which a user rolls the motorized exercise wheel along a surface in a first direction from a first position to a second position and then rolls the motorized exercise wheel along the surface in a second direction from the second position toward the first position thus forming an exercise cycle, the motorized exercise wheel including: a wheel assembly including a surface-contacting element, the surface-contacting element being configured to contact the surface and rotate in either a forward rotational direction or a backward rotational direction and thereby roll along the surface in either the first direction or the second direction, a first and second handle configured to receive each hand of a user, the first and second handle extending outward from respective sides of the wheel assembly, a motor coupled to the wheel assembly and configured to apply an output torque to the surface-contacting element in either the forward rotational direction or the backward rotational direction, a microcontroller comprising one or more processors and being configured to control the output torque of the motor, a first sensor in communication with the microcontroller and useable by the microcontroller to determine a movement variable of the motorized exercise wheel in real- time throughout the exercise cycle, wherein the microcontroller is further configured to control the output torque of the motor over the exercise cycle dynamically as a function of the determined movement variable, and a battery on-board the motorized exercise wheel and configured to power the motor and the microcontroller, but fails to disclose, a side profile of the surface protection device is arcuately shaped such that a top end and a bottom end of the elongate wall protection device protrude further away from the wall than a center section.
There is no evidence from the prior art why someone skilled in the art would have anticipated a modification of the side profile of the flat sliding surface of Boatwright to specifically be arcuately shaped without hindsight of the claimed invention.
Response to Arguments
Applicant's arguments filed on 11/03/2025 have been fully considered but they are not persuasive.
Applicant asserts “Applicant has amended claim 1 to include inventive concepts recited in allowable claim 12. Claim 10, which as previously presented was determined to be allowable, has been converted into independent claim form. Claim 14 has been amended to incorporate the recitations of allowable claim 16. New claim 20 is submitted based on the recitations of allowable claim 9”.
This argument is not persuasive. Applicant has further amended independent claim 1 by removing limitation “an elongate wall protection device configured to be mounted to the wall and provide a generally vertical surface for the wheel to be rolled against during the exercise” which further broadened the scope of the claim. This amendment is similarly made for claim 10 by excluding the same limitation in the amendments added to newly independent claim 10. Upon refreshing search, independent claim 14 is rejected by Chuah, in view of Mills. Newly added independent claim 20 remains allowable subject matter.
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.
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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/JACQUELINE N L LOBERIZA/ Examiner, Art Unit 3784
/LOAN B JIMENEZ/ Supervisory Patent Examiner, Art Unit 3784