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 amendments filed on 11/07/2025. Claims 1-20 are pending in the application. Claims 1-20 have been rejected as set forth below.
Claim Objections
Claim 1 is objected to because of the following informalities: the phrase “a user” in line 10 needs to be changed to “the user”. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: the phrase “a user” in line 10 needs to be changed to “the user”. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: the phrase “a user” in line 4 needs to be changed to “the user”, and the space between “rollers” and semicolon “;”, in line 7 needs to be removed. Appropriate corrections are 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 1-20 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 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 1 recites: “a processing device configured to: receive…one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user; determine whether the one or more messages were received; in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform”. However, it is unclear how the processing device is configured to “receive…one or more messages” and “determine whether the one or more messages were received”. These limitations imply that the processing device receives the one or more messages and then determines whether the one or more messages are received. The limitation: “determine whether the one or more messages were received by the processing device”, conflicts with the prior cited limitation: “receive, before or while a user operates the treadmill, one or more messages…”. Further clarification and appropriate corrections are respectfully requested. Claims 2-7 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency on claim 1.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 6 recites: “wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine one or more actions to be performed”, while claim 1, upon which claim 6 depends, recites: “a processing device configured to…in response to determining the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform”. However, it is unclear whether “one or more actions to be performed” recited in claim 6 is part of or is in addition to “an action to perform” recited in claim 1. Further clarification and appropriate corrections are respectfully requested. Claim 7 is also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency on claim 6.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 8 recites: “a processing device configured to: receive…one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user; determine whether the one or more messages were received; in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform”. However, it is unclear how the processing device is configured to “receive…one or more messages” and “determine whether the one or more messages were received”. These limitations imply that the processing device receives the one or more messages and then determines whether the one or more messages are received. The limitation: “determine whether the one or more messages were received by the processing device”, conflicts with the prior cited limitation: “receive, before or while a user operates the treadmill, one or more messages…”. Furthermore, claim 8 recites the limitation “the treadmill” in line 9. There is insufficient antecedent basis for this limitation in the claim. Further clarification and appropriate corrections are respectfully requested. Claims 9-14 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency on claim 8.
Claim 10 recites the limitation "the condition" in line 1. There is insufficient antecedent basis for this limitation in the claim (please note that claim 10 depends on claim 8).
Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 13 recites: “wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine one or more actions to be performed”, while claim 8, upon which claim 13 depends, recites: “a processing device configured to…in response to determining the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform”. However, it is unclear whether “one or more actions to be performed” recited in claim 13 is part of or is in addition to “an action to perform” recited in claim 8. Further clarification and appropriate corrections are respectfully requested. Claim 14 is also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency on claim 13.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 15 recites: “a processing device to: receive…one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user; determine whether the one or more messages were received; in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform”. However, it is unclear how the processing device is configured to “receive…one or more messages” and “determine whether the one or more messages were received”. These limitations imply that the processing device receives the one or more messages and then determines whether the one or more messages are received. The limitation: “determine whether the one or more messages were received by the processing device”, conflicts with the prior cited limitation: “receive, before or while a user operates the treadmill, one or more messages…”. Further clarification and appropriate corrections are respectfully requested. Claims 16-20 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency on claim 15.
Claim 17 recites the limitation "the condition" in line 1. There is insufficient antecedent basis for this limitation in the claim (please note that claim 17 depends on claim 15).
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 20 recites: “wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine one or more actions to be performed”, while claim 15, upon which claim 20 depends, recites: “cause a processing device to…in response to determining the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform”. However, it is unclear whether “one or more actions to be performed” recited in claim 20 is part of or is in addition to “an action to perform” recited in claim 15. Further clarification and appropriate corrections are respectfully requested.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-8, 10-15, 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 15-20 of U.S. Patent No. 11,756,666 B2 in view of Watterson et al. (US 2022/0342969 A1). Claims 1, 3-8, 10-15, 17-20 of the current application and claims 1-7 and 15-20 of U.S. Patent No. 11,756,666 B2 are directed towards same invention except for the type of the electromechanical machine being a treadmill comprising: a pair of rollers; a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers; a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers. However, such limitations are taught by Watterson (see Figs. 1 and 10, ¶ [123]), and it would have been obvious to a person of ordinary skill in the art to modify the invention as claimed in claims 1-7 and 15-20 of U.S. Patent No. 11,756,666 B2 with a treadmill comprising: a pair of rollers; a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers; a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers, as taught by Watterson in order to provide for a wider range of exercise machines to be used with different users having various rehabilitation goals and fitness conditions. Table below provides a mapping of the limitations of Claims 1, 3-8, 10-15, 17-20 of the current application against claims 1-7 and 15-20 of U.S. Patent No. 11,756,666 B2.
Claims of Current Application
Claims of US 11,756,666 B2
1. A treadmill comprising:
a pair of rollers;
a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers;
a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers; and
a processing device configured to:
receive, before or while a user operates the treadmill, one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user;
determine whether the one or more messages were received;
in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform, wherein the action including at least one of initiating a telecommunications transmission, generating a signal to stop operation of the motor, and generating a signal to modify a speed of the motor and wherein, further, the action is associated with the use of the treadmill by the user; and perform the action.
8. A system comprising:
a pair of rollers;
a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers;
a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers; and
a processing device configured to:
receive, before or while a user operates the treadmill, one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user;
determine whether the one or more messages were received; and
in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform, wherein the action including at least one of initiating a telecommunications transmission, generating a signal to stop operation of the motor, and generating a signal to modify a speed of the motor and wherein, further, the action is associated with the use of the treadmill by the user; and perform the action.
Note: the treadmill [as an electromechanical machine] comprising: a pair of rollers; a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers; a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers, are obvious in view of Watterson.
1. A computer-implemented system, comprising: an electromechanical machine configured to be manipulated by a user while the user is performing a treatment plan; an interface comprising a display configured to present information pertaining to the treatment plan; and a processing device configured to: determine whether one or more messages, pertaining to at least one of the user and a usage of the electromechanically machine by the user, are received from at least one of the electromechanical machine, a sensor, and the interface; responsive to determining that the one or more messages have not been received, determining, via one or more machine learning models, one or more preventative actions to perform; and cause the one or more preventative actions to be performed.
2. The computer-implemented system of claim 1, wherein the one or more preventative actions includes at least one of causing a telecommunications transmission to be initiated, stopping the electromechanical machine from operating, and modifying a speed at which the electromechanical machine operates.
3. The treadmill of claim 1, wherein a condition of the one or more messages not being received corresponds to at least one of a telecommunications error, a video communication error, an audio communication error, and a data acquisition error.
10. The system of claim 8, wherein the condition of the one or more messages not being received corresponds to at least one of a telecommunications error, a video communication error, an audio communication error, and a data acquisition error.
3. The computer-implemented system of claim 1, wherein the one or more messages not being received corresponds to at least one of a telecommunications failure, a video communication failure, an audio communication failure, and a data acquisition failure.
4. The treadmill of claim 1, wherein, while the user uses the treadmill, the one or more messages include information pertaining to a cardiac condition of the user.
11. The system of claim 8, wherein, while the user uses the treadmill, the one or more messages include information pertaining to a cardiac condition of the user.
4. The computer-implemented system of claim 1, wherein, while the user uses the electromechanical machine to perform the treatment plan, the one or more messages include information pertaining to a cardiac health of the user.
5. The treadmill of claim 1, wherein the processing device is further configured to: while the user uses the treadmill, determine a maximum target heartrate for the user; receive, via an interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heartrate, determine an amount of resistance for the treadmill to provide via the motor; and while the user uses the treadmill, cause the treadmill to provide the amount of resistance.
12. The system of claim 8, wherein the processing device is further configured to: while the user uses the treadmill, determine a maximum target heartrate for the user; receive, via an interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heartrate, determine an amount of resistance for the treadmill to provide via the motor; and while the user uses the treadmill, cause the treadmill to provide the amount of resistance.
5. The computer-implemented system of claim 1, wherein the processing device is further configured to: determine a maximum target heart rate for the user while the user uses the electromechanical machine to perform the treatment plan; receive, via the interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heart rate, determine an amount of resistance for the electromechanical machine to provide via one or more pedals; while the user performs the treatment plan, cause the electromechanical machine to provide the amount of resistance.
6. The treadmill of claim 1, wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine one or more actions to be performed.
13. The system of claim 8, wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine one or more actions to be performed.
6. The computer-implemented system of claim 1, wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine the one or more preventative actions.
7. The treadmill of claim 6, wherein the condition pertains to at least one 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 the breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation.
14. The system of claim 13, wherein the condition pertains to at least one 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 the breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation.
7. The computer-implemented system of claim 6, wherein the condition pertains to at least one of a cardiac rehabilitation, an oncology rehabilitation, a rehabilitation from pathologies related to a prostate gland or a urogenital tract, a pulmonary rehabilitation, and a bariatric rehabilitation.
15. A tangible, non-transitory computer-readable medium storing instructions that, when executed, cause a processing device to:
receive, before or while a user operates a treadmill, one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user, wherein the treadmill comprises:
a pair of rollers;
a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers;
a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers;
determine whether the one or more messages were received; and
in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform, wherein the action including at least one of initiating a telecommunications transmission, generating a signal to stop operation of the motor, and generating a signal to modify a speed of the motor and wherein, further, the action is associated with the use of the treadmill by the user; and perform the action.
Note: the treadmill [as an electromechanical machine] comprising: a pair of rollers; a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers; a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers, are obvious in view of Watterson.
15. A tangible, non-transitory computer-readable medium storing instructions that, when executed, cause a processing device to: determine whether one or more messages are received from at least one of an electromechanical machine, and a sensor, an interface, wherein the one or more messages pertain to at least one of a user and a use of the electromechanical machine by the user, and wherein the electromechanical machine is configured to be manipulated by a user while the user is performing a treatment plan; responsive to determining that the one or more messages have not been received, determine, via one or more machine learning models, one or more preventative actions to perform; and cause the one or more preventative actions to be performed.
16. The computer-readable medium of claim 15, wherein the one or more preventative actions comprise causing at least one of a telecommunications transmission to be initiated, stopping the electromechanical machine from operating, and modifying a speed at which the electromechanical machine operates.
17. The computer-readable medium of claim 15, wherein the condition of the one or more messages not being received corresponds to at least one of a telecommunications error, a video communication error, an audio communication error, and a data acquisition error.
17. The computer-readable medium of claim 15, wherein the one or more messages not being received pertains to at least one of a telecommunications failure, a video communication being lost, an audio communication being lost, and a data acquisition being compromised.
18. The computer-readable medium of claim 15, wherein, while the user uses the treadmill, the one or more messages include information pertaining to a cardiac condition of the user.
18. The computer-readable medium of claim 15, wherein, while the user uses the electromechanical machine to perform the treatment plan, the one or more messages include information pertaining to a cardiac health of the user.
19. The computer-readable medium of claim 15, wherein the processing device is further configured to:
while the user uses the treadmill, determine a maximum target heartrate for the user; receive, via an interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heartrate, determine an amount of resistance for the treadmill to provide via the motor; and while the user uses the treadmill, cause the treadmill to provide the amount of resistance.
19. The computer-readable medium of claim 15, wherein the instructions further cause the processing device to: determine a maximum target heart rate for the user while the user uses the electromechanical machine to perform the treatment plan; receive, via an interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heart rate, determine an amount of resistance for the electromechanical machine to provide via one or more pedals; while the user performs the treatment plan, cause the electromechanical machine to provide the amount of resistance.
20. The computer-readable medium of claim 15, wherein the processing device is further configured to:
determine a condition associated with the user; and
based on the condition and the one or more messages not being received, determine one or more actions to be performed.
20. The computer-readable medium of claim 15, wherein the instructions further cause the processing device to: determine a condition associated with the user; and based on the condition associated with the user and the one or more messages not being received, determine the one or more preventative actions.
Claims 1-20 are further rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,176,091 B2 in view of Watterson et al. (US 2022/0342969 A1).
Claims 1-20 of the current application and claims 1-18 of U.S. Patent No. 12,176,091 B2 are directed towards same invention except for the type of the electromechanical machine/elliptical being a treadmill comprising: a pair of rollers; a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers; a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers. However, such limitations are taught by Watterson (see Figs. 1 and 10, ¶ [123]), and it would have been obvious to a person of ordinary skill in the art to modify the invention/substitute the elliptical machine as claimed in claims 1-18 of U.S. Patent No. 12,176,091 B2 with a treadmill comprising: a pair of rollers; a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers; a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers as taught by Watterson in order to provide for a wider range of exercise machines to be used with different users having various rehabilitation goals and fitness conditions. Table below provides a mapping of the limitations of Claims 1-20 of the current application against claims 1-18 of U.S. Patent No. 12,176,091 B2.
Claims of Current Application
Claims of US 12,176,091 B2
1. A treadmill comprising:
a pair of rollers;
a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers;
a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers; and
a processing device configured to:
receive, before or while a user operates the treadmill, one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user;
determine whether the one or more messages were received; and
in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform, wherein the action including at least one of initiating a telecommunications transmission, generating a signal to stop operation of the motor, and generating a signal to modify a speed of the motor and wherein, further, the action is associated with the use of the treadmill by the user; and perform the action.
2. The treadmill of claim 1, further comprising a sensor communicatively coupled to the processing device and configured to detect cardiac conditions of the user, wherein the sensor sends the one or more messages to the processing device, and the one or more messages pertain to the cardiac conditions of the user.
Note: the treadmill [as an electromechanical machine] comprising: a pair of rollers; a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers; a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers, are obvious in view of Watterson.
8. A system comprising:
a pair of rollers;
a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers;
a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers; and
a processing device configured to:
receive, before or while a user operates the treadmill, one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user;
determine whether the one or more messages were received; and
in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform, wherein the action including at least one of initiating a telecommunications transmission, generating a signal to stop operation of the motor, and generating a signal to modify a speed of the motor and wherein, further, the action is associated with the use of the treadmill by the user; and perform the action.
9. The system of claim 8, further comprising a sensor communicatively coupled to the processing device and configured to detect cardiac conditions of the user, wherein the sensor sends the one or more messages to the processing device, and the one or more messages pertain to the cardiac conditions of the user.
Note: the treadmill [as an electromechanical machine] comprising: a pair of rollers; a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers; a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers, are obvious in view of Watterson.
1. A system, comprising: an elliptical machine configured to be manipulated by a user while the user operates the elliptical machine; and a processing device configured to: receive, before or while the user operates the elliptical machine, one or more messages pertaining to the user or a use of the elliptical machine by the user, determine whether the one or more messages were received by the processing device, and in response to determining that the one or more messages were not received by the processing device, determine, via one or more machine learning models, one or more actions to perform, the one or more actions comprising at least one selected from the group consisting of initiating a telecommunications transmission, stopping operation of the elliptical machine, and modifying one or more parameters associated with the operation of the elliptical machine, and perform the one or more actions; and a sensor communicatively coupled to the processing device and configured to detect cardiac conditions of the user, wherein the sensor transmits the one or more messages to the processing device, and the one or more messages pertain to the cardiac conditions of the user.
6. A computer-implemented system, comprising: an electromechanical machine configured to be manipulated by a user while the user is performing a treatment plan; an interface comprising a display configured to present information pertaining to the treatment plan; and a processing device configured to: determine whether one or more messages, pertaining to at least one of the user and a usage of the electromechanically machine by the user, are received from at least a sensor, wherein the sensor is communicatively coupled to the processing device and configured to detect cardiac conditions of the user, wherein the sensor transmits the one or more messages to the processing device, and the one or more messages pertain to the cardiac conditions of the user; and responsive to determining that the one or more messages have not been received, determining, via one or more machine learning models, one or more preventative actions to perform; and cause the one or more preventative actions to be performed.
7. The computer-implemented system of claim 6, wherein the one or more preventative actions includes at least one of causing a telecommunications transmission to be initiated, stopping the electromechanical machine from operating, and modifying a speed at which the electromechanical machine operates.
3. The treadmill of claim 1, wherein a condition of the one or more messages not being received corresponds to at least one of a telecommunications error, a video communication error, an audio communication error, and a data acquisition error.
10. The system of claim 8, wherein the condition of the one or more messages not being received corresponds to at least one of a telecommunications error, a video communication error, an audio communication error, and a data acquisition error.
2. The system of claim 1, wherein the one or more messages not being received is selected from the group consisting of a telecommunications failure, a video communication failure, an audio communication failure, and a data acquisition failure.
8. The computer-implemented system of 6, wherein the one or more messages not being received corresponds to at least one of a telecommunications failure, a video communication failure, an audio communication failure, and a data acquisition failure.
4. The treadmill of claim 1, wherein, while the user uses the treadmill, the one or more messages include information pertaining to a cardiac condition of the user.
11. The system of claim 8, wherein, while the user uses the treadmill, the one or more messages include information pertaining to a cardiac condition of the user.
9. The computer-implemented system of claim 6, wherein, while the user uses the electromechanical machine to perform the treatment plan, the one or more messages include information pertaining to a cardiac condition of the user.
5. The treadmill of claim 1, wherein the processing device is further configured to: while the user uses the treadmill, determine a maximum target heartrate for the user; receive, via an interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heartrate, determine an amount of resistance for the treadmill to provide via the motor; and while the user uses the treadmill, cause the treadmill to provide the amount of resistance.
12. The system of claim 8, wherein the processing device is further configured to: while the user uses the treadmill, determine a maximum target heartrate for the user; receive, via an interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heartrate, determine an amount of resistance for the treadmill to provide via the motor; and while the user uses the treadmill, cause the treadmill to provide the amount of resistance.
3. The system of claim 1, wherein the processing device is further configured to: while the user operates the elliptical machine, determine a maximum target heart rate for the user, receive, via an interface, an input pertaining to a perceived exertion level of the user, determine, based on the perceived exertion level and the maximum target heart rate, an amount of resistance for the elliptical machine to provide, and while the user operates the elliptical machine, adjust the elliptical machine to provide the amount of resistance.
10. The computer-implemented system of claim 6, wherein the processing device is further configured to: determine a maximum target heart rate for the user while the user uses the electromechanical machine to perform the treatment plan; receive, via the interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heart rate, determine an amount of resistance for the electromechanical machine to provide via one or more pedals; while the user performs the treatment plan, cause the electromechanical machine to provide the amount of resistance.
6. The treadmill of claim 1, wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine one or more actions to be performed.
13. The system of claim 8, wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine one or more actions to be performed.
4. The system of claim 1, wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine the one or more actions to be performed.
11. The computer-implemented system of claim 6, wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine the one or more preventative actions.
7. The treadmill of claim 6, wherein the condition pertains to at least one 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 the breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation.
14. The system of claim 13, wherein the condition pertains to at least one 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 the breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation.
5. The system of claim 4, wherein the condition pertains to at least one selected from the group consisting of a cardiac rehabilitation, an oncology rehabilitation, a rehabilitation from pathologies related to a prostate gland, male or female urogenital tract or male or female sexual reproduction, pathologies related to a breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation.
12. The computer-implemented system of claim 11, wherein the condition pertains to at least one selected from the group consisting of a cardiac rehabilitation, an oncology rehabilitation, a rehabilitation from pathologies related to a prostate gland, male or female urogenital tract or male or female sexual reproduction, pathologies related to a breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation.
15. A tangible, non-transitory computer-readable medium storing instructions that, when executed, cause a processing device to:
receive, before or while a user operates a treadmill, one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user, wherein the treadmill comprises:
a pair of rollers;
a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers;
a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers;
determine whether the one or more messages were received; and
in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine, an action to perform, wherein the action including at least one of initiating a telecommunications transmission, generating a signal to stop operation of the motor, and generating a signal to modify a speed of the motor and wherein, further, the action is associated with the use of the treadmill by the user; and perform the action.
16. The computer-readable medium of claim 15, wherein the treadmill further comprises a sensor communicatively coupled to the processing device and configured to detect cardiac conditions of the user, wherein the sensor sends the one or more messages to the processing device, and the one or more messages pertain to the cardiac conditions of the user.
13. A tangible, non-transitory computer-readable medium storing instructions that, when executed, cause a processing device to: determine whether one or more messages are received from a sensor, wherein the one or more messages pertain to at least one of a user and a use of an electromechanical machine by the user, wherein the electromechanical machine is configured to be manipulated by a user while the user is performing a treatment plan, and wherein the sensor is communicatively coupled to the processing device and configured to detect cardiac conditions of the user, wherein the sensor transmits the one or more messages to the processing device, and the one or more messages pertain to the cardiac conditions of the user; responsive to determining that the one or more messages have not been received, determine, via one or more machine learning models, one or more preventative actions to perform; and cause the one or more preventative actions to be performed.
14. The computer-readable medium of claim 13, wherein the one or more preventative actions comprise causing at least one of a telecommunications transmission to be initiated, stopping the electromechanical machine from operating, and modifying a speed at which the electromechanical machine operates.
17. The computer-readable medium of claim 15, wherein a condition of the one or more messages not being received corresponds to at least one of a telecommunications error, a video communication error, an audio communication error, and a data acquisition error.
15. The computer-readable medium of claim 13, wherein the one or more messages not being received pertains to at least one of a telecommunications failure, a video communication being lost, an audio communication being lost, and a data acquisition being compromised.
18. The computer-readable medium of claim 15, wherein, while the user uses the treadmill, the one or more messages include information pertaining to a cardiac condition of the user.
16. The computer-readable medium of claim 13, wherein, while the user uses the electromechanical machine to perform the treatment plan, the one or more messages include information pertaining to a cardiac condition of the user.
19. The computer-readable medium of claim 15, wherein the processing device is further configured to:
while the user uses the treadmill, determine a maximum target heartrate for the user; receive, via an interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heartrate, determine an amount of resistance for the treadmill to provide via the motor; and while the user uses the treadmill, cause the treadmill to provide the amount of resistance.
17. The computer-readable medium of claim 13, wherein the instructions further cause the processing device to: determine a maximum target heart rate for the user while the user uses the electromechanical machine to perform the treatment plan; receive, via an interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heart rate, determine an amount of resistance for the electromechanical machine to provide via one or more pedals; while the user performs the treatment plan, cause the electromechanical machine to provide the amount of resistance.
20. The computer-readable medium of claim 15, wherein the processing device is further configured to:
determine a condition associated with the user; and
based on the condition and the one or more messages not being received, determine one or more actions to be performed.
18. The computer-readable medium of claim 13, wherein the instructions further cause the processing device to: determine a condition associated with the user; and based on the condition associated with the user and the one or more messages not being received, determine the one or more preventative actions.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 5-6, 8, 10, 12-13, 15, 17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watterson et al. (US 2022/0342969 A1).
Regarding claims 1, 8 and 15, Watterson discloses a treadmill (120a in Figs. 1, 1000 in Fig. 10)/a system/a tangible, non-transitory computer-readable medium storing instructions that, when executed, cause a processing system to (¶ [67], [92]) comprising:
a pair of rollers (i.e. pulleys, Fig. 10, ¶ [123]);
a belt (1038) coupled to and extending between the pair of rollers (Fig. 10), wherein the belt encircles a support platform (1036) suspended between the pair of rollers (Fig. 10, ¶ [123]);
a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers (¶ [123]); and
a processing device (remote server 112) configured to:
receive, before or while a user operates the treadmill, one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user (¶ [72]-[82], ¶ [72] recites: “The method 300 may include, at action 306, determining whether any of the one or more authorized users is proximate to the stationary exercise machine. If so (yes at action 306), the method 300 may include, at action 308, automatically unlocking the one or more moveable members of the stationary exercise machine to enable the workout to be performed on the stationary exercise machine. If not (no at action 306), the method 300 may include, at action 310, automatically keeping the one or more moveable members of the stationary exercise machine locked to prevent the workout from being performed on the stationary exercise machine”, and ¶ [73] recites: “In some embodiments, automatically determining that one of the one or more authorized users is proximate to the stationary exercise machine may include automatically sending an electronic proximity confirmation request to one or more electronic addresses of the one or more authorized users, and automatically determining that one of the one or more authorized users is proximate to the stationary exercise machine if a positive electronic proximity confirmation response is received from any of the one or more electronic addresses. In these embodiments, the one or more electronic addresses of the one or more authorized users may include one or more cellular telephone numbers of the one or more authorized users, the electronic proximity confirmation request may be included in a text message sent to the one or more cellular telephone numbers, and the positive electronic proximity confirmation response may be included in a reply text message received from one of the one or more cellular telephone numbers. Additionally or alternatively, in these embodiments, the one or more electronic addresses of the one or more authorized users includes one or more email addresses of the one or more authorized users, the electronic proximity confirmation request is included in an email sent to the one or more email addresses, and the positive electronic proximity confirmation response is included in a replay email received from one of the one or more email addresses. For example, the authorized user 109 may include in his profile his cellular telephone number and/or his email address. Then, whenever anyone attempts to perform a workout on the treadmill 120a, the remote server 112 may automatically send a text message to the cellular telephone number of the user 109, and/or an email to the email address of the user 109, with an electronic proximity confirmation request (e.g., “Please confirm with the word ‘yes’ if you are attempting to perform a workout on your treadmill.”)”);
determine whether the one or more messages were received (¶ [72]-[82], [152], ¶ [72] recites: “The method 300 may include, at action 306, determining whether any of the one or more authorized users is proximate to the stationary exercise machine. If so (yes at action 306), the method 300 may include, at action 308, automatically unlocking the one or more moveable members of the stationary exercise machine to enable the workout to be performed on the stationary exercise machine. If not (no at action 306), the method 300 may include, at action 310, automatically keeping the one or more moveable members of the stationary exercise machine locked to prevent the workout from being performed on the stationary exercise machine”, and ¶ [73] recites: “If the user 109 reply to this text message and/or this email with a positive electronic proximity confirmation response (e.g., “yes”), then the remote server 112 may automatically unlock the running belt 126a and the running deck 126b of the treadmill 120a”); and
in response to determining that the one or more messages were not received, determine, via an artificial intelligence engine (i.e., machine learning model included in application 514, ¶ [96]), an action to perform, wherein the action comprises at least one of initiating a telecommunications transmission, generating a signal to stop operation of the motor, and generating a signal to modify a speed of the motor, and wherein, further the action is associated with the use of the treadmill by the user, and perform the action (¶ [55], [72]-[82], [89]-[90], [96]-[98], [145], [175], ¶ [73] further recites: “But if no such reply is received, then the remote server 112 may automatically keep the running belt 126a and the running deck 126b locked”. The running belt and the deck can be kept locked by keeping the motor stopped through keeping the electrical circuit of the motor open, thereby cutting power to the motor. Also ¶ [96] recites: “The application 514 may be one or more computer-readable instructions stored on one or more non-transitory computer-readable media, such as the memory 504 or the file system 506, that, when executed by the processor 502, is configured to perform one or more actions of the methods disclosed herein. In some embodiments, the application 514 may be part of the operating system 510 or may be part of an application of the computer system 500, or may be some combination thereof. In some embodiments, the application 514 may include a machine learning model. In general, the machine learning model may be trained based on sample data, known as training data, in order to make predictions or decisions without being explicitly programmed to do so…The machine learning model may be employed in any of the methods herein to perform actions with increasing effectiveness and accuracy over time, as the machine learning model learns and is periodically retrained to make more accurate predictions or decisions. For example, any of the actions in the methods disclosed herein, or any other action, may be performed by the machine learning model in order to perform these actions with increasing effectiveness and accuracy over time as the machine learning model learns”).
Regarding claims 3, 10 and 17, Watterson discloses wherein a condition of the one or more messages not being received corresponds to at least one of a telecommunications error, a video communication error, an audio communication error, and a data acquisition error (¶ [73] recites: “But if no such reply is received”, which is considered a data acquisition error, under the broadest reasonable interpretation of such term).
Regarding claims 5, 12 and 19, Watterson discloses wherein the processing device is further configured to: while the user uses the treadmill, determine a maximum target heartrate for the user; receive, via an interface, an input pertaining to a perceived exertion level of the user; based on the perceived exertion level and the maximum heartrate, determine an amount of resistance for the treadmill to provide via the motor; and while the user uses the treadmill, cause the treadmill to provide the amount of resistance (¶ [63] recites; “Control commands may provide control instructions to an exercise machine (such as a treadmill, an elliptical machine, an exercise bike, or a rower machine). Control commands may include, for example, control commands for a belt motor, an incline motor, and other actuators. In addition to actuator control commands, control commands may further include distance control commands, time control commands, and/or heart rate zone control commands. These control commands may provide a series of actuator control commands for execution at specific times or at specific distances. For example, a control command for an actuator to be at a certain level for a specific amount of time or for a specific distance. These control commands may also provide a series of actuator control commands for execution at specific times or at specific distances based on a user's monitored heart rate or heart rate trends over time. For example, a control command for an actuator may dictate a certain heart rate zone for a certain amount of time or distance, and a difficulty level of this control command may be dynamically scaled based on a user's monitored heart rate in order to get or keep the user in the certain heart rate zone for the certain amount of time or distance”).
Regarding claims 6, 13 and 20, Watterson discloses wherein the processing device is further configured to: determine a condition associated with the user; and based on the condition and the one or more messages not being received, determine one or more actions to be performed (¶ [25] recites: “Another aspect of the disclosure may include any combination of the above-mentioned features and may further include querying a user for an age verification input, receiving the age verification input on an input device, determining whether the user is above a threshold age based on the age verification input, and unlocking the stationary exercise machine if the user is above the threshold age”, as such user’s age can be considered a condition associated with the user. Also ¶ [79] recites: “In some embodiments, automatically determining that one of the one or more authorized users is proximate to the stationary exercise machine includes automatically gathering, at the stationary exercise machine, biometric data of a user that is proximate to the stationary exercise machine, and automatically determining, at the stationary exercise machine, that the biometric data matches the one of the one or more authorized users. In these embodiments, the biometric data may include voice recognition data gathered using a microphone, facial recognition data or iris recognition data or height data gathered using a camera, fingerprint data or handprint data gathered using a fingerprint scanner or a handprint scanner, weight data gathered using a scale, heart rate data gathered using a heart rate monitor, or DNA data gathered using a DNA analysis machine that analyze one or more cells of the user (e.g., skin cells or blood cells). For example, the authorized user 109 may include in his profile biometric data (e.g., voice recognition data, facial recognition data, iris recognition data, height data, fingerprint data, handprint data, weight data, other types of biometric data, or some combination thereof). Then, whenever anyone attempts to perform a workout on the treadmill 120a, the remote server 112 may automatically gather biometric data of the user 109 (e.g., using a microphone, a camera, a fingerprint scanner, a handprint scanner, or a scale that is that is proximate to the treadmill 120a and that is in communication with the treadmill 120a) to determine whether the gathered biometric data matches the biometric data stored in the profile of the user 109. If the gathered biometric data matches, then the remote server 112 may automatically unlock the running belt 126a and the running deck 126b of the treadmill 120a. But if the gathered biometric data does not match, then the remote server 112 may automatically keep the running belt 126a and the running deck 126b locked” and ¶ [82] recites: “In some embodiments, any combination of the above actions may be performed together to automatically determine that one of the one or more authorized users is proximate to the stationary exercise machine. For example, a user may be required to both enter credentials as well as enter a one-time passcode (e.g., which may constitute two-factor authentication). In another example, a user may be required to both enter credentials as well as confirm biometric data. Any other combination is also possible and contemplated”. According to at least ¶ [25] and [82] cited above, an aspect of the invention/disclosure can include any combination of features cited and in some embodiments any combination of the actions may be performed together to automatically determine that one of the one or more authorized users is proximate to the stationary exercise machine. For instance, in such embodiments/aspect, determining a user’s proximity to the exercise machine can include combination of determining whether or not a reply to a text/email has been received and determining whether or not the user’s heart rate (biometric data) matches a stored heart rate. The heart rate, is considered a condition associated with the user).
Claim Rejections - 35 USC § 102/103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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 2, 4, 9, 11, 16 and 18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Watterson et al. (US 2022/0342969 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Huish et al. (US 5,879,270).
Regarding claims 2, 4, 9, 11, 16 and 18, It is Office’s position that Watterson discloses the treadmill further comprising a sensor communicatively coupled to the processing device and configured to detect cardiac conditions of the user wherein the sensor sends the one or more messages to the processing device, and the one or more messages pertain to the cardiac conditions of the user (¶ [53], [79], ¶ [53] recites: “Further, during performance of a workout by a user 109 using the video workout program on the exercise machine 120a, 120b, 120c, or 120d, a heart rate of the user 109 may be monitored by the console 122a, 122b, 122c, or 122d, and/or the smartphone 124. This heart rate monitoring may be accomplished by receiving continuous heart rate measurements wirelessly over a WPAN connection (such as over Bluetooth connection or Ant+connection) from a heart rate monitoring device worn by the user 109, such as a heart rate strap 111b or a heart rate watch 111a, or other wearable heart rate monitor. Alternatively, the heart rate monitoring device may be built into another device, such as being built into handlebars or handgrips of the exercise machine 120a, 120b, 120c, or 120d”, and ¶ [79] recites: “In some embodiments, automatically determining that one of the one or more authorized users is proximate to the stationary exercise machine includes automatically gathering, at the stationary exercise machine, biometric data of a user that is proximate to the stationary exercise machine, and automatically determining, at the stationary exercise machine, that the biometric data matches the one of the one or more authorized users. In these embodiments, the biometric data may include voice recognition data gathered using a microphone, facial recognition data or iris recognition data or height data gathered using a camera, fingerprint data or handprint data gathered using a fingerprint scanner or a handprint scanner, weight data gathered using a scale, heart rate data gathered using a heart rate monitor, or DNA data gathered using a DNA analysis machine that analyze one or more cells of the user (e.g., skin cells or blood cells). For example, the authorized user 109 may include in his profile biometric data (e.g., voice recognition data, facial recognition data, iris recognition data, height data, fingerprint data, handprint data, weight data, other types of biometric data, or some combination thereof). Then, whenever anyone attempts to perform a workout on the treadmill 120a, the remote server 112 may automatically gather biometric data of the user 109 (e.g., using a microphone, a camera, a fingerprint scanner, a handprint scanner, or a scale that is that is proximate to the treadmill 120a and that is in communication with the treadmill 120a) to determine whether the gathered biometric data matches the biometric data stored in the profile of the user 109. If the gathered biometric data matches, then the remote server 112 may automatically unlock the running belt 126a and the running deck 126b of the treadmill 120a. But if the gathered biometric data does not match, then the remote server 112 may automatically keep the running belt 126a and the running deck 126b locked”)/ wherein, while the user uses the treadmill, the one or more messages include information pertaining to a cardiac condition of the user (¶ [53]). However, if Applicant is not in agreement with the Office’s position, such limitations are taught by Huish.
Regarding claims 2, 9 and 16, Huish teaches a treadmill (10)/a system/a tangible, non-transitory computer-readable medium storing instructions that, when executed, cause a processing system to (col. 2 lines 9-10, a microprocessor can be programmed)/comprising: a belt (11); a motor (31, Fig. 4) operatively causes the belt to rotate (col. 3 lines 64-66); and a processing device (25, Fig. 4) configured to: receive, before or while a user operates the treadmill, one or more messages pertaining to at least one of (i) a user and (ii) a use of the treadmill by the user (col. 3 line 34 – col. 4 line 2, user’s heart rate can be considered as one or more messages); determine whether the one or more messages were received (col. 9 line 46-59); and in response to determining that the one or more messages were not received, determine an action to perform, wherein the action including at least one of initiating a telecommunications transmission, generating a signal to stop operation of the motor, and generating a signal to modify a speed of the motor, and perform the action (abstract, col. 9 line 46-59, if valid heart rate information is not obtained, the console 12 will provide a display showing that it is still looking for a valid heart rate, and if within 20 seconds no heart rate is provided, display a message to the user that heart rate signal has failed to be detected and all further adjustments to speed or elevation of treadmill will be stopped until a valid heart rate is obtained. Furthermore, according to Fig. 7, before warm-up at 128, the device checks for a valid heart rate at 126, if no valid heart rate is detected/determined/received, the device will not enter the warm-up at 128, therefore, a signal is generated to keep the motor stopped), the treadmill further comprising a sensor (26) communicatively coupled to the processing device (Fig. 4) and configured to detect cardiac conditions of the user (col. 3 lines 61-64, user’s heart rate), wherein the sensor sends the one or more messages to the processing device (col. 3 line 34 – col. 4 line 2), and the one or more messages pertain to the cardiac conditions of the user (Fig. 7, col. 3 line 34 – col. 4 line 2, col. 9 line 46-64).
Regarding claims 4, 11 and 18, Huish teaches wherein, while the user uses the treadmill, the one or more messages include information pertaining to a cardiac condition of the user (Fig. 7, col. 3 line 34 – col. 4 line 2, col. 9 line 46-64).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Watterson’s invention with a sensor communicatively coupled to the processing device and configured to detect cardiac conditions of the user, wherein the sensor sends the one or more messages to the processing device, and the one or more messages pertain to the cardiac conditions of the user/wherein, while the user uses the treadmill, the one or more messages include information pertaining to a cardiac condition of the user, as taught by Huish in order to ensure an authorized user is using the treadmill and to prevent potential harm to the user due to overexercising.
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 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Watterson as applied to claims 1, 6, 8 and 13 above, and further in view of Williams et al. (US 2019/0034049 A1).
Watterson teaches determining that one of the one or more authorized users is proximate to the exercise machine by determining that the user’s heart rate (biometric data) matches that of a stored heart rate (in user’s profile, see ¶ [79]). Watterson is silent about wherein the condition pertains to at least one 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 the breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation.
Regarding claims 7 and 14, Williams teaches a processing device configured to: determine a condition associated with the user (i.e. user’s heart rate), wherein the condition pertains to at least one 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 the breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation (i.e., cardiac rehabilitation, ¶ [385] recites: “While tracking heart rate data (e.g., user's current heart rate) corresponding to data received from a physical active tracking sensor of device 1400, it is determined that the heart rate data satisfies a heart rate alert criteria (e.g., tracked heart rate data is arrhythmic). In response to determining that the heart rate data satisfies the heart rate alert criteria (e.g., tracked heart rate data is determined to be arrhythmic), user interface 1410C is displayed (FIG. 14D). User interface 1410C includes a heart rate alert affordance 1430 that alerts the user that the user's tracked heart rate data satisfies a heart rate alert criteria (e.g., “Heart Health, Possible Arrhythmia Detected”)”, and ¶ [386] recites: “In one embodiment, the heart rate alert criteria includes a criterion based on the heart rate exceeding a heart rate threshold. For example, an instantaneous heart rate exceeds a predetermined heart rate threshold (e.g., heart rate is above 100 BPM, or a heart rate that is below 60 BPM), wherein the exceeding the predetermined heart rate threshold indicates arrhythmia”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Watterson’s invention wherein the condition pertains to at least one 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 the breast, a pulmonary rehabilitation, a bariatric rehabilitation, and a neurologic rehabilitation as taught by Williams in order to prevent the user from exercising and potentially further harming him/herself.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of the new grounds of rejection.
Rejection under 35 U.S.C. §112(b)
In response to applicant’s arguments stating that the amendments to the claims overcome the 112(b) rejection of the claims, the Examiner would like to mention that the amendments have not addressed all the previous 112(b) issues in the independent claims. Furthermore, the amendments have also introduced new issues in some of the dependent claims. As such, claims 1-20 still stand rejected under 35 U.S.C. § 112(b).
Rejection under 35 U.S.C. §102
In response to Applicant’s arguments regarding the amended claim 1, stating:
“However, Watterson does not disclose that if a determination is made that one or more messages were not received, an artificial intelligence engine determines an action to perform where the action is associated with the use of a treadmill by a user. As claimed, the use of the artificial intelligence engine is triggered in response to a determination that the one or more messages were not received. Such a technique is not identically disclosed in Watterson. Further, Watterson does not identically disclose an artificial intelligence engine at all, much less an artificial intelligence engine that determines an action to perform where the action is associated with the use of a treadmill by a user”,
the Examiner respectfully disagrees and would like to mention the followings. As shown above, Watterson in various paragraphs including ¶¶ [0055], [0072]-[0082], [0097]-[0098], [0145], [0152] and [0175,] teaches the processing device configured to in response to determining that the one or more messages were not received, determine an action to perform, wherein the action comprises at least one of initiating a telecommunication transmission, generating a signal to stop operation of the motor, and generating a signal to modify a speed of the motor and wherein, further the action is associated with the use of the treadmill by the user, and perform the action (see above for further details). For instance, Watterson in ¶ [73] recites: “But if no such reply is received, then the remote server 112 may automatically keep the running belt 126a and the running deck 126b locked”. Therefore, the running belt and the deck can be kept locked by keeping the motor stopped through keeping the electrical circuit of the motor open, thereby cutting power to the motor. Watterson further in ¶ [0089]-[0090] describes an example computer system 500 (that may be part of any of: the servers, the exercise machines, consoles, or the smartphone) and its various components (i.e., processor 502, memory 504, file system 506, communication unit 508, operating system 510, user interface 512, application 514) that may be employed in controlling access to the exercise machine. Watterson further in ¶ [96] recites: “The application 514 may be one or more computer-readable instructions stored on one or more non-transitory computer-readable media, such as the memory 504 or the file system 506, that, when executed by the processor 502, is configured to perform one or more actions of the methods disclosed herein. In some embodiments, the application 514 may be part of the operating system 510 or may be part of an application of the computer system 500, or may be some combination thereof. In some embodiments, the application 514 may include a machine learning model. In general, the machine learning model may be trained based on sample data, known as training data, in order to make predictions or decisions without being explicitly programmed to do so…The machine learning model may be employed in any of the methods herein to perform actions with increasing effectiveness and accuracy over time, as the machine learning model learns and is periodically retrained to make more accurate predictions or decisions. For example, any of the actions in the methods disclosed herein, or any other action, may be performed by the machine learning model in order to perform these actions with increasing effectiveness and accuracy over time as the machine learning model learns”).
As such, Watterson does disclose that determining, in response to determining that the one or more messages were not received, an action to perform, can be done via a machine learning model included in the application 514. Machine Learning is a subset of Artificial Intelligence. Therefore, a Machine Learning Model can be considered an Artificial Intelligence engine.
Applicant’s similar arguments regarding similarly amended independent claims 8 and 15 are moot in view of the above provided explanation.
Rejection under 35 U.S.C. §103
Applicant’s arguments regarding Williams failing to cure the deficiencies of Watterson, is also considered moot in view of the above provided explanation.
In response to applicant’s similar arguments regarding Huish, the Examiner would like to mention that Huish has not been used to teach the limitations of amended claims 1, 8 and 15. However, Huish has been used to teach the limitations of claims 2, 4, 9, 11, 16 and 18 (see above for details).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SHILA JALALZADEH ABYANEH/ Primary Examiner, Art Unit 3784