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
The following Office Action is in response to the RCE filed on 04/13/2026. Claims 1-15 are pending in the application. Claims 1-15 have been rejected as set forth below.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: All of the reference numbers in Figures 34-42.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The following reference numbers have been used to denote different elements/parts in various paragraphs throughout the specification:
“100”, denotes: 1) “a second link” in at least ¶ [0089], and 2) “a fitness system” in at least ¶ [0134];
“102”, denotes: 1) “a crank link pin” in at least ¶ [0089], and 2) “hardware devices” in at least ¶ [0134];
“104”, denotes: 1) “a first spring” in at least ¶ [0089], and 2) “a motion sensing device” in at least ¶ [0134];
“106”, denotes: 1) “a second spring” in at least ¶ [0089], and 2) “hand controllers” in at least ¶ [0135] (please note that “106A” and “106B” as “two hand controllers” have also been recited in ¶ [0135]);
“108”, denotes: 1) “bearing attachments” in at least ¶ [0089], and 2) “communication links” in at least ¶ [0142] (please note that “108A”, “108B” and “108C” as “a plurality of communication links” have been recited in ¶ [0135]);
“110”, denotes: 1) “compression arrows” in at least ¶ [0090], and 2) “host device” in at least ¶ [0134];
“112”, denotes: 1) “extension arrows” in at least ¶ [0090], and 2) “a host device API” in at least ¶ [0134];
“114”, denotes: 1) “a front pedal path trace extension” in at least ¶ [0092], and 2) “a fitness application” in at least ¶ [0134];
“116”, denotes: 1) “a rear pedal path trace extension” in at least ¶ [0093], and 2) “a network” in at least ¶ [0134];
“118”, denotes: 1) “a movable link pin” in at least ¶ [0095], and 2) “a fitness server” in at least ¶ [0134];
“120”, denotes: 1) “a slot” in at least ¶ [0095], and 2) “a cloud services module” in at least ¶ [0135];
“124”, denotes: 1) “up arrows” in at least ¶ [0095], and 2) “an application database” in at least ¶ [0135];
“126”, denotes: 1) “down arrows” in at least ¶ [0095], and 2) “a third party server” in at least ¶ [0135].
Appropriate corrections are required. These reference numbers used for denoting the second parts (all the “2)”s shown above) in throughout the specification need to be corrected/changed.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. Claim 1 recites: “the sensor configured to measure a change in distance between the first attachment point and the second attachment point of said at least one movable crank link resulting from compression or extension of the flexible attachment during operation of the exercise device and transmit the change in distance as data to a compatible computing device, wherein the compatible computing device is configured to alter a state or behavior of an object in a fitness application based at least in part on the transmitted change in distance data”. However, nowhere in the original specification support has been provided for the sensor [that is coupled to at least one of the pair of movable crank links] being configured to measure a change in distance between the first attachment point and the second attachment point of said at least one movable crank link resulting from compression or extension of the flexible attachment during operation of the exercise device. Furthermore, the original specification lacks support for the compatible computing device altering a state or behavior of an object in a fitness application based at least in part on the [transmitted] change in distance data. Applicant has cited Figs. 24-26 and ¶ [0108]-[0114] where support for such sensor and its measurement are provided and Figs. 39-40 and ¶ [0142]-[0143] where support for such action of the compatible computing device based on the change in the distance data are provided. However, Figs. 24-26 and ¶ [0108]-[0114] provide support for such sensor being a (linear or angular) position sensor that measure a position signal/changes in positional data which may be transmitted to determine useful exercise statistics such as stride length and stride period. None of these cited portions of the specification provide support for such (linear or angular) position sensor measuring change in distance. Also Figs. 39-40 and ¶ [0142]-[0143] describe attaching hardware devices 102 to a fitness device, wherein a hardware device 102 includes a motion sensing device 104, which includes an accelerometer 204 and a gyroscope 206, and the motion sensing device obtains real time motion data comprised of acceleration data from the accelerometer and rotation data from the gyroscope, these data are transmitted to a host device to determine an activity specific motion signature and one or mor activity vectors (i.e., representing the number of calories burned, the distance covered over a specific time interval or the intensity level of the user) based on the motion signature, wherein change in the activity vector alters the state of an object or the behavior of the object in the fitness application. Nowhere in any of these cited portions of the specification, support has been provided about altering a state or behavior of an object in a fitness application based at least in part on change in distance data (between the first attachment point and the second attachment point of said at least one movable crank link…) measured by the (linear or rotational) sensor coupled to the at least one of the pair of movable crank links. As such, these limitations of claim 1 reciting: “the sensor configured to measure a change in distance between the first attachment point and the second attachment point of said at least one movable crank link resulting from compression or extension of the flexible attachment during operation of the exercise device and transmit the change in distance as data to a compatible computing device, wherein the compatible computing device is configured to alter a state or behavior of an object in a fitness application based at least in part on the transmitted change in distance data”, are considered New Matter. Further clarification and appropriate corrections are respectfully requested. Claims 2-15 are also rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, by virtue of dependency upon claim 1.
Claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. Claim 5 recites: “wherein the sensor is configured to continually or periodically measure the change in distance between the first attachment point and the second attachment point”. As shown above, the original specification does not provide support for such sensor [coupled to at least one of the pair of movable crank links] to continually or periodically measure the change in distance between the first attachment point and the second attachment point. As such, this limitation of claim 5, is considered New Matter. Further clarification and appropriate corrections are respectfully requested. Claim 6 is also rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, by virtue of dependency upon claim 5.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. Claim 12 recites: “produce a position signal indicative of the change in distance between the first attachment point and the second attachment point”. The original specification does not provide support for such limitation regarding the position signal being indicative of the change in distance between the first attachment point and the second attachment point. As such, this limitation of claim 12, is considered New Matter. Further clarification and appropriate corrections are respectfully requested. Claim 13 is also rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, by virtue of dependency upon claim 12.
Claim 15 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. Claim 15 recites: “wherein the compatible computing device is configured to generate an activity vector based on the transmitted change in distance data…wherein the state or behavior of the object in the fitness application is altered based on the activity vector”. However, as shown with respect to claim 1 above, the original specification lacks support for the compatible computing device generating an activity vector based on the transmitted change in distance data, between the first attachment point and the second attachment point of the at least one of the pair of movable crank links, that is measured by the (linear or rotational position) sensor that is coupled to the at least one of the pair of movable crank links. Furthermore, the specification also fails to provide support for the state or behavior of the object in the fitness application being altered based on such activity vector. As such, these limitations of claim 15 are considered New Matter. Further clarification and appropriate corrections are respectfully requested.
Response to Arguments
Applicant’s arguments with respect to claims 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
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/SHILA JALALZADEH ABYANEH/ Primary Examiner, Art Unit 3784
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