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 .
Priority
The instant application claims priority to provisional application 63/488,299 and as such the earliest priority date of 03/03/2023 has been granted to the instant application.
Response to Amendment
The amendments have been sufficient to overcome the rejections under 35 USC 112(b) present in the previous Final Action.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chuang US 20170157486 A1, in view of Pei-Sung Chuang GB 2546539 A in further view of Drayer et al. US 20240189651 A1.
Regarding claim 1:
Chuang teaches a method for water-based training (A swim training method using a swim training system is specifically stated in the abstract), comprising: receiving input through a cord system (training device 100 which includes connecting component 110, wearing component 120, fastening component 130, sensor 140 and processing device 200 as shown in figure 1) to begin a training session for a user (Paragraph [0035] states that the input module is configured to provide user information which includes swim stroke to the processing module of processing device 200 which would inherently include when the user begins the swim training) utilizing the cord system that is anchored (see figure 1 which depicts the cord system anchored with fixing object A and being used by the user); initiating a training session utilizing the cord system (The examiner notes this is merely reciting the function of the previous step of beginning the training session. Furthermore as shown in figure 8 and 9 the smartphone component of the invention has a starting point where no data has been collected and live tracking therefore the exercise session must be initiated); performing sensor measurements associated with user actions and an environment (Paragraph [0038] outlines how the tension measured by the sensor 140 is the amount of force generated by the user swimming); providing feedback to the user during the training session (“The comparison exercise information, the training exercise information, and the comparison result are presented in sound by the output module to notify the user.” See paragraph [0074].The examiner notes that the sound output regarding the comparison information and training information is a type of feedback); and reporting metrics regarding the training session from the cord system (The examiner notes that paragraph [0074] outlines various types of metrics displayed by the output module of the invention and figure 11 is an example screen showing various collected/reported metrics of the user’s session.)
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Chuang fails to teach utilizing a sensor system enclosed within a waterproof frame configured to measure tension forces applied to an elastomeric tether of the cord system and including real-time adaptive adjustments generated by a logic engine based on the sensor measurements.
Pei-Sung, however, teaches an invention similar to that of the US application Chuang discussed above, and further teaches a sensor system enclosed within a waterproof frame (“The input module 147, the processing module 148 and the output module 149 are located within the waterproof shell 145 to prevent from damage caused by moisture.” See page 6 lines 22-24) configured to measure tension forces applied to an elastomeric tether of the cord system (“In one embodiment in Fig. 4A, the connecting component 11a is an elastic strap” See page 8 lines 4-5).
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 the connecting component of the US application of Chuang to be elastomeric as taught by the UK application since the invention is the same with alternate embodiments of the connecting components and an elastic strap still allows the tension force created by the user pulling on the strap while swimming to be measured, and to modify the housing of the sensor of the US document to be waterproof as taught by the UK document, as the components of the housing of the US document are stated throughout to be “liquid resistant” to protect the housed electronics, and are shown to be used in water so making it waterproof would provide more protection of the electronics inside.
The invention taught by the combination of Chuang and Pei-Sung however, still fails to teach adaptive adjustments generated by a logic engine based on the sensor measurements.
Drayer, however, teaches a strength machine that can include tracks that facilitate the configuring of the positions of the pull points, handles that control operation of the strength machine and/or measure movements performed by a user, compact motors that facilitate various platform or load application configurations, safety systems for the strength machine, and other enhancements (See abstract) and further teaches real-time adaptive adjustments to the training session generated by a logic engine (platform logic 492) based on the sensor measurements performed during the training session (“a dynamic class system 380 can utilize information stored by the movements database 360 when dynamically generating a class or classes for the user 305. For example, the dynamic class system 380 can access information for the user 305 from the body focus system 375 and determine one or more muscles to target in a new class for the user 305.” See paragraph [0090]. The examiner further notes that paragraph [0056] discusses automatic adjustments in loading against the user’s forces, the class content, and suggested actions for the user based on sensor inputs received from the user).
It would have been obvious to a person of ordinary skill in the art to modify the evaluation/performance tracking system of Chuang to include adaptive adjustments generated by a logic engine as taught by Drayer, as this would allow the system to more accurately track changes in user performance, or track multiple users at once, by differentiating the distinct characteristics of the user’s performance as they apply tension forces to the sensor and evaluate the performance in real-time accordingly.
Regarding claim 2:
Chuang as modified discloses the method of claim 1, further comprising: receiving user preferences for implementing the training session (Paragraph [0007] of the specification of the instant application outlines what the user preferences for implementing the session are and states “may include speed, distance travelled, maximum forces/minimum forces, heart rate target, and/or time” and as such the screenshot of figure 10 of Chuang which shows time, speed, calories, force, max force, average force, average speed, and best time on the “training tab” of the output module, show that the user wanted these metrics tracked during the training session, as described in the specification of the instant application).
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Regarding claim 3:
Chuang as modified discloses the method of claim 1, wherein the sensor system includes one or more force sensors for measuring forces generated by the user (“Since the user is restrained by the training device 100, the instantaneous forward force generated by the user, who is swimming, is equal to the tension in the connecting component 110, the tension measured by the sensor 140 is the instantaneous forward force generated by the user, who is swimming.” See paragraph [0038].) including at least maximum tension and average tension (See figure 10 which depicts the metrics of time, maximum force, and average force collected during the training session).
Regarding claim 4:
Chuang as modified discloses the method of claim 1, wherein the cord system attaches to floating equipment of the user, clothing, a strap, or a harness (“The wearing component 120, such as a belt, is configured to be worn by the user so as to fasten the first section 111 of the connecting component 110 to the user.” See paragraph [0025] where a belt around the waist of the user as depicted in figure 1 is being considered a strap).
Regarding claim 5:
Chuang as modified discloses the method of claim 1, wherein the cord system communications with one or more wireless devices to provide the feedback to the user (“The wireless communication module 145 is configured to transmit the tension measured by the tension measurement module 144 to the processing device 200.” See paragraph [0030]) to provide the feedback to the user (The examiner notes that as stated above in figure 1 the processing device 200 includes the output module which provides feedback to the user).
Regarding claim 6:
Chuang teaches the method of claim 5, but fails to teach wherein the feedback includes instructions for the training session.
Drayer, however, teaches a strength machine that can include tracks that facilitate the configuring of the positions of the pull points, handles that control operation of the strength machine and/or measure movements performed by a user, compact motors that facilitate various platform or load application configurations, safety systems for the strength machine, and other enhancements (See abstract) and further teaches wherein the feedback includes instructions for the training session (“Further, the user interface 325 can display weight suggestions and/or recommendations. For example, the various systems described herein can utilize algorithms that determine a weight or load for the user 305 (e.g., for a given movement or activity) based on a variety of factors.” See paragraph [0093]. The examiner notes that the suggestions or recommendations displayed are instructions.)
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 the system of Chuang to specifically include an application run by the remote device as taught by Drayer, as Chuang already shows a specific input/output display of a remote device for executing the swim training method of the invention.
Regarding claim 7:
Chuang as modified discloses the method of claim 1, wherein the metrics includes at least duration of the training session, maximum force exerted, and average force exerted (See figure 10 which depicts the metrics of time, maximum force, and average force collected during the training session).
Regarding claim 8:
Chuang as modified teaches the method of claim 1, wherein the cord system is waterproof and utilized while the user is in the water (See rejection of claim 1).
Regarding claim 9:
Chuang as modified discloses the method of claim 1, wherein the metrics are communicated to one or more authorized devices associated with the cord system (Paragraph [0074] discusses the various ways the metrics regarding the user’s session are can be communicated, with fig. 11 depicted a display screen of the output module of the processing device 200 which has been stated to be a smartphone of the user, and is therefore an authorized device).
Regarding claim 10:
Chuang teaches a cord system for water-based training (See abstract), comprising: an interface attaching to a user or equipment in water (See figure 1 which depicts swim training system 1 which includes training device 100 which further includes a connecting component 110, a wearing component 120, a fastening component 130, and a sensor 140 attached to a user and an anchor); logic in communication with the sensor interface implementing a training session for a user (See figure 7 which is a flow chart of the logic of the system which causes the system to collect the data from the training session and output the feedback to the user based on the data collected), the logic provides feedback directly or indirectly to the user (“The comparison exercise information, the training exercise information, and the comparison result are presented in sound by the output module to notify the user.” See paragraph [0074].The examiner notes that the sound output regarding the comparison information and training information is a type of feedback); and an anchor (fixing object A) anchoring the elastomeric band (“As a result, when the user's swimming distance achieve a limited length of the connecting component 110, the user is restrained by the connecting component 110 so that the user is not able to swim toward a direction away from the fixing object A, which is located around the swimming pool.” See paragraph [0025] and figure 1).
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Chuang fails to teach an elastomeric band connected to the interface, a sensor interface connected to the elastomeric band for performing measurements and including at least one force sensor configured to measure tension forces applied to the elastomeric band, and that the logic includes a logic engine configured to dynamically adapt training instructions during the training session in response to the sensor measurements, wherein the sensor interface, logic and associated electronics are enclosed within a waterproof frame configured for operation while in water.
The examiner notes however, that Chuang does teach a sensor interface (Sensor 140) connected to the connecting component which is how the system measures the tension/forces exerted by the user swimming (“Since the user is restrained by the training device 100, the instantaneous forward force generated by the user, who is swimming, is equal to the tension in the connecting component 110, the tension measured by the sensor 140 is the instantaneous forward force generated by the user, who is swimming.” See paragraph [0038]), the connecting component being an elastomeric band is not specifically taught.
Pei-Sung, however, teaches an invention similar to that of the US application Chuang discussed above, and further an elastomeric band connected to the interface (“In one embodiment in Fig. 4A, the connecting component 11a is an elastic strap” See page 8 lines 4-5), and a sensor interface connected to the elastomeric band for performing measurements and including at least one force sensor configured to measure tension forces applied to the elastomeric band (“The mechanical quantity detector is for detecting mechanical quantities, such as a magnitude of a strength (or a tensial stress) borne by the connecting component 11 or a variation of a diameter of the connecting component 11, The timer is for measuring a time such as a span of the strength applied on the connecting component 3 3 or a span of the training process.” See page 5 lines 10-15.), wherein the sensor interface, logic and associated electronics are enclosed within a waterproof frame configured for operation while in water (“In addition, the detecting component 14 further comprises a waterproof shell 145 which is made of polymer. The input module 147, the processing module 148 and the output module 149 are located within the waterproof shell 145 to prevent from damage caused by moisture.” See page 6 lines 21-24).
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 the connecting component of the US application of Chuang to be elastomeric as taught by the UK application, and for the housing of the sensor module to be waterproof since the invention is the same with alternate embodiments of the connecting components and an elastic strap still allows the tension force created by the user pulling on the strap while swimming to be measured, and since the US application of Chuang already includes water resistant components of the housing to protect from damage, the user would be able to use the system in/around water without risking damage or breaking the internal components.
The combination of Chuang and Pei-Sung however, still fails to teach that the logic includes a logic engine configured to dynamically adapt training instructions during the training session in response to the sensor measurements.
Drayer, however, teaches a strength machine that can include tracks that facilitate the configuring of the positions of the pull points, handles that control operation of the strength machine and/or measure movements performed by a user, compact motors that facilitate various platform or load application configurations, safety systems for the strength machine, and other enhancements (See abstract) and further teaches that the logic includes a logic engine (platform logic 492) configured to dynamically adapt training instructions during the training session in response to the sensor measurements (“a dynamic class system 380 can utilize information stored by the movements database 360 when dynamically generating a class or classes for the user 305. For example, the dynamic class system 380 can access information for the user 305 from the body focus system 375 and determine one or more muscles to target in a new class for the user 305.” See paragraph [0090]. The examiner further notes that paragraph [0056] discusses automatic adjustments in loading against the user’s forces, the class content, and suggested actions for the user based on sensor inputs received from the user).
It would have been obvious to a person of ordinary skill in the art to modify the evaluation/performance tracking system of Chuang to include adaptive adjustments generated by a logic engine as taught by Drayer, as this would allow the system to more accurately track changes in user performance, or track multiple users at once, by differentiating the distinct characteristics of the user’s performance as they swim and apply tension to the sensor, and evaluating the performance in real-time accordingly.
Regarding claim 11:
Chuang as modified discloses the cord system of claim 10, wherein the interface attaches to floating equipment of the user, attaches to or is integrated with clothing of the user, is a strap for attaching to a user, or is a harness for attaching to a user (“The wearing component 120, such as a belt, is configured to be worn by the user so as to fasten the first section 111 of the connecting component 110 to the user.” See paragraph [0025] where a belt worn by a user is a strap, and could be considered clothing worn by the user as well).
Regarding claim 12:
Chuang as modified discloses the cord system of claim 10, wherein the sensor interface includes a force sensor (The examiner notes the sensor 140 of Chuang includes tension sensors to measure the forces generated by the user on the elastomeric strap must have a force interface since it measures the forces if the force interface is simply a part of the sensor interface which measures force as claimed.) for measuring forces applied to the elastomeric band by the user or equipment (“Since the user is restrained by the training device 100, the instantaneous forward force generated by the user, who is swimming, is equal to the tension in the connecting component 110, the tension measured by the sensor 140 is the instantaneous forward force generated by the user, who is swimming.” See paragraph [0038]).
Regarding claim 13:
Chuang as modified discloses the cord system of claim 10, wherein the anchor attaches to a side of a body of water (See figure 1).
Regarding claim 14:
Chuang as modified discloses the cord system of claim 13, wherein the sensor interface includes a transceiver for communicating with one or more wireless devices (The examiner notes that paragraph [0042] gives an example as to how the Bluetooth communication module of the training device allows the forces measured to be communicated to the processing device 200 which is a smartphone).
Regarding claim 15:
Chuang as modified discloses the cord system of claim 10, further comprising: a user interface (input module 210) for receiving commands from a user and providing feedback (“The input module 210 and the output module 240 are, for example, a touch panel of the smart phone or the tablet PC, or a wireless communication module of the smart phone or the tablet PC.” See paragraph [0041]. The examiner notes that the output module has been stated to provide feedback to the user above in claim 10).
Regarding claim 16:
Chuang as modified teaches the cord system of claim 10, but fails to teach wherein the feedback instructs the user regarding effort to expend.
Drayer, however, teaches a strength machine that can include tracks that facilitate the configuring of the positions of the pull points, handles that control operation of the strength machine and/or measure movements performed by a user, compact motors that facilitate various platform or load application configurations, safety systems for the strength machine, and other enhancements (See abstract), and further teaches wherein the feedback instructs the user regarding effort to expend (“For example, the various systems described herein can utilize algorithms that determine a weight or load for the user 305 (e.g., for a given movement or activity) based on a variety of factors.” See paragraph [0093]. The examiner notes that paragraph [0093] further states that the system will provide different recommendations such as a weight or load for the user during classes or other activities as the virtual instructor moves to different exercises.)
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 the system of Chuang to specifically include an application run by the remote device as taught by Drayer, as this allows the user to obtain real time feedback and judge their performance as they progress through the training by receiving feedback on their current level of effort in comparison to the recommended effort level.
Regarding claim 17:
Chuang teaches a cord system for water-based training, comprising: an interface attaching to a user or equipment in water (See figure 1 which depicts swim training system 1 which includes training device 100 which further includes a connecting component 110, a wearing component 120, a fastening component 130, and a sensor 140 attached to a user and an anchor); a sensor interface (Sensor 140) connected to the elastomeric band (See figure 1) for performing measurements (The examiner notes this is merely a recitation of the function of a sensor); logic for implementing a training session for a user (See figure 7 which is a flow chart of the logic of the system which causes the system to collect the data from the training session and output the feedback to the user based on the data collected), wherein the logic provides feedback directly or indirectly to the user (“The comparison exercise information, the training exercise information, and the comparison result are presented in sound by the output module to notify the user.” See paragraph [0074].The examiner notes that the sound output regarding the comparison information and training information is a type of feedback); and an interchangeable anchor including a removable connector (“The fastening component 130, such as a hook or a loop, is configured to fasten the second section 120 of the connecting component to a fixing object A around the swimming pool or the water tank.” See paragraph [0025]) configured to attach to selectively and interchangeably multiple different types of fixed points located either on land or in water and that attach to the elastomeric band (“The fixing object A, for example, is a pillar, a railing, an armrest, or an unmovable object around the swimming pool. As a result, when the user's swimming distance achieve a limited length of the connecting component 110, the user is restrained by the connecting component 110 so that the user is not able to swim toward a direction away from the fixing object A, which is located around the swimming pool.” See paragraph [0025]).
Chuang fails to specifically teach an elastomeric band is connected to the interface, but the examiner notes that the connecting component, which is a tether, is attached to the interface attached to the user can be a rope or a strap.
Pei-Sung, however, teaches an invention similar to that of the US application Chuang discussed above, and further teaches that the system includes an elastomeric tether (“In one embodiment in Fig. 4A, the connecting component 11a is an elastic strap” See page 8 lines 4-5).
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 the connecting component of the US application of Chuang to be elastomeric as taught by the UK application since the invention is the same with alternate embodiments of the connecting components and an elastic strap still allows the tension force created by the user pulling on the strap while swimming to be measured.
Regarding claim 18:
Chuang as modified teaches the cord system of claim 17, but fails to teach wherein the user controls the cord system utilizing an application executed by a wireless device that communicates with the cord system through an interface. The examiner notes that as discussed above in claim 17, there is a program executed by the processing module which causes the data to be collected by the sensors, transmitted to the smartphone processing device of the user, and output the results/feedback for the user to view on a display, however an application executed by the wireless device, which is the smartphone, is specifically is not discussed.
Drayer, however, teaches a strength machine that can include tracks that facilitate the configuring of the positions of the pull points, handles that control operation of the strength machine and/or measure movements performed by a user, compact motors that facilitate various platform or load application configurations, safety systems for the strength machine, and other enhancements (See abstract), and further teaches wherein the user controls the cord system utilizing an application executed by a wireless device that communicates with the cord system through an interface(“In some cases, the attachment 230 can also utilize wireless communications to exchange data with the remote systems 260, the platform 210, or other devices associated with the strength machine 200.” See paragraph [0070]. The examiner notes that Drayer further states, in paragraph [0049], “the strength machine can present or be associated with different types of content or services/applications that enhance the activities performed by the user. For example, the user can perform activities with the strength machine during a class (streamed live or pre-recorded) and can view or control various aspects of the class (such as via the attachments).” )
In addition, Drayer teaches providing instructions for the user to train through the wireless device (“Thus, when the user 305 is performing activities outside of the activity environment 302 (such as running, climbing, and so on), a mobile device (e.g., smart phone, smart watch, or other wearable device), can present content to the user 305 and/or otherwise provide the interactive experience during the activities.” See paragraph [0080]).
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 the system of Chuang to specifically include an application run by the remote device as taught by Drayer, as Chuang already shows a specific input/output display of a remote device for executing the swim training method of the invention.
Regarding claim 19:
Chuang as modified by Drayer teaches the cord system of claim 18, wherein the cord system communicates instructions for the user to train through the wireless device (See rejection of claim 18).
Regarding claim 20:
Chuang as modified discloses the cord system of claim 17, wherein the interchangeable anchor (fixing object A. The examiner notes that paragraph [0022] of the specification of the instant application states, “The anchor 122 is a fixed device for securing the cord system 122 to a side, edge, buoy, or other portion of the pool 102 or the training environment 100. The anchor 122 may connect to, anchor in, or set on structures, fixtures, or components at the edge of the pool 102. For example, the anchor 122 may connect to vents, filters, anchor points, an edge 123 of the pool 102, furniture, fixtures, or so forth. In one embodiment, the anchor 122 may extend vertically from the edge 123 or side of the pool 102.” Therefore the fixing object A Chuang which is stated to be “for example, is a pillar, a railing, an armrest, or an unmovable object around the swimming pool”, in paragraph [0025] is an interchangeable anchor.) attaches to a side of a body of the water (See figure 1).
Response to Arguments
Applicant's arguments filed 05/11/2026 have been fully considered but they are not persuasive.
In regards to the arguments presented with respect to the previous rejections presented under 35 USC 103 in view of the combinations of Chuang, Pei-Sung Chuang, and Hovland, the applicant’s amendments required a new search and consideration, and as a result the newly presented rejection in view of the new combination of Chuang, Pei-Sung, and Drayer. In addition, in regards to the arguments presented with respect to the limitations regarding the interchangeable anchor, the examiner respectfully disagrees. There are no limitations in the claims currently that specify the structure of the anchor, and currently the limitations only require that the anchor is interchangeably attachable to different types of fixed points located either on land or in water, which as discussed above in the rejection of claim 17, the hook structure as argued is capable of these functions and is therefore the interchangeable anchor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN A DICUIA/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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