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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/12/2026 has been entered.
Claims 6-8 and 16-18 have been canceled.
Claims 1-5, 9-15 and 19-26 have been examined.
Allowable Subject Matter
The following claim limitations drafted by the examiner and considered to distinguish patentably over the art of record in this application (if placed into independent claims 1 and 11), are presented to applicant for consideration:
--wherein the handlebar comprises a crossbar and two grip portions extending generally transverse to the crossbar;
wherein the one or more shifters are conformed to a shape of the handlebar and include a first finger portion extending generally parallel to the grip portions and configured to be pulled to a respective grip portion from a top portion of the respective grip portion, and a second finger portion extending generally parallel to the crossbar and configured to be pulled to the crossbar from a finger of a hand gripping the crossbar portion of the handlebar--.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 9-15, 19-24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Button et al (WO 2010036275) in view of Fisher (US Patent Application Publication 2010/0022354).
1-5, 21-23, and 26. Button et al disclose a method comprising:
receiving data from output circuitry (127) associated with one or more sensors coupled to one or more handle control systems (147) positioned on a handlebar of an exercise apparatus;
wherein the one or more handle control systems include one or more multi-position shifters coupled to the handlebar (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”; Page 16, Lines 9-11: “the gear shifting subunit 148 is a physical button. The physical button can represent a momentary switch and may be actuated via depressing and releasing a button”);
processing the received data to identify one or more adjustments to be implemented on the exercise apparatus (Pages 15-18); and
issuing one or more commands to one or more adjustment mechanisms to implement the one or more identified adjustments (Pages 15-18);
wherein the one or more handle control systems are positioned on an underside of the handlebar of the exercise apparatus and are conformed to a shape of the handlebar to enable a user to actuate the one or more handle controls when the user’s hands are positioned on the handlebar for exercise (Pages 15-18), more specifically wherein the control systems are capable of being manipulated from a top portion of the handlebar, and a second finger portion adapted to be pulled from a finger of a hand gripping a crossbar portion of the handlebar (Examiner considers the disclosed/shown controls to be engageable by a user from a top side and also while the users hands are on the crossbar).
However, Button et al do not explicitly disclose the shifter being biased to a neutral position and shiftable to a plurality of actuated positions wherein the one or more shifters are one or more multi-position shifters or mid-sized shifters or compact shifters or 2-way rocker shifters; wherein movement of the one or more shifters to one of the plurality of actuated positions is detected by the one or more sensors; and/or wherein the one or more shifters provide a tactile response indicating that the one or more shifters has moved to an actuated position. Further, Button et al do not disclose wherein the one or more shifters include a first finger portion and a second finger portion, the first finger portion and the second finger portion providing opposite adjustments when moved to a first actuated position and a second actuated position in the plurality of actuated positions allowing for pressing the one or more shifters in both directions while the user's hands are in a single position on the handlebar which provides a first signal when moved to a first position and a second signal when moved to a second position, a first finger portion and a second finger portion providing adjustments in opposite directions.
Fisher discloses a similar exercise bike having handle control systems positioned on a hand grip of the bike frame, wherein the control system comprises “a two-pole momentary switch whose momentary connection to any one of the two poles is made upon actuation of one or more of the switches 207 and 209. For example, the connection to one of the poles can be interpreted by the computing unit 250 as an increment to a higher gear number, while the momentary connection to the other pole is interpreted by the computing unit 250 as a decrement in the gear number” (Par. 0041). It is known in the art that a two-pole momentary switch is a rocker switch having first and second finger portions which makes contact on either side of a pivot point while being pressed and automatically returns to the center or off position when released. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the momentary switch in the form of a button of Button et al to be a two-pole momentary switch as taught by Fisher to consolidate the up and down shift buttons into a single switch allowing the user to increase or decrease the gear.
9. Button et al disclose the method of claim 1, wherein receiving data from output circuitry, processing the received data, and issuing one or more commands is performed by controller configured to execute stored instructions (Pages 15-18).
10. Button et al disclose an exercise apparatus (100) configured to perform the method of claim 1.
11-15. Button et al disclose an exercise apparatus comprising:
a handle (102) having one or more handle controls (147), wherein the one or more handle control systems include one or more multi-position shifters coupled to the handlebar (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”);
wherein the handle is positioned to receive a user’s hand during exercise and wherein the handle controls are positioned on the handle to enable the user to actuate the one or more handle controls when the user’s hand is positioned on the handle for exercise;
one or more sensors coupled to the handle controls and configured to sense an actuation of the handle controls by the user (Pages 15-18);
one or more adjustment mechanisms configured to modify an operation of the exercise apparatus;
a memory component storing machine-executable instructions;
a controller configured to execute the machine-executable instructions to cause the exercise apparatus to:
receive data from the one or more sensors coupled to the one or more handle controls;
process the received data to identify one or more adjustments to be implemented on the exercise apparatus; and
issue one or more commands to the one or more adjustment mechanisms to implement the corresponding one or more identified adjustments (Pages 15-18).
However, Button et al do not explicitly disclose the shifter being biased to a neutral position and shiftable to a plurality of actuated positions wherein the one or more shifters are one or more multi-position shifters or mid-sized shifters or compact shifters or 2-way rocker shifters; wherein movement of the one or more shifters to one of the plurality of actuated positions is detected by the one or more sensors; and/or wherein the one or more shifters provide a tactile response indicating that the one or more shifters has moved to an actuated position.
Fisher discloses a similar exercise bike having handle control systems positioned on a hand grip of the bike frame, wherein the control system comprises “a two-pole momentary switch whose momentary connection to any one of the two poles is made upon actuation of one or more of the switches 207 and 209. For example, the connection to one of the poles can be interpreted by the computing unit 250 as an increment to a higher gear number, while the momentary connection to the other pole is interpreted by the computing unit 250 as a decrement in the gear number” (Par. 0041). It is known in the art that a two-pole momentary switch is a rocker switch having first and second finger portions which makes contact on either side of a pivot point while being pressed and automatically returns to the center or off position when released. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the momentary switch in the form of a button of Button et al to be a two-pole momentary switch as taught by Fisher to consolidate the up and down shift buttons into a single switch allowing the user to increase or decrease the gear.
19. Button et al disclose the exercise apparatus of claim 11, wherein receiving data from output circuitry, processing the received data, and issuing one or more commands is performed by controller configured to execute stored instructions (Pages 15-18).
20. Button et al disclose the exercise apparatus of claim 11, wherein the one or more commands further comprises updating a display (105) associated with the exercise apparatus to visually indicate the one or more identified adjustments (Paragraph spanning Pages 18-19 of the translation).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Button et al in view of Fisher as applied to Claims 1-5, 9-15, 19-24, and 26 above, and further in view of Rice (US Patent Application Publication 2007/0281828).
25. Button et al in view of Fisher disclose the method significantly as claimed, but do not disclose wherein the one or more sensors include an analog sensor detecting a degree of movement of the one or more shifters.
Rice discloses a similar exercise bike having handle control systems positioned on a hand grip of the bike frame, wherein the control system comprises manual controls that are adjustably stiff, progressively sprung, return to zero hinging that detect force applied or movements to the handlebar assembly by the user and further the output of the controls are analogue to give a progressive output dependent on how much they are moved by. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the controls of Button et al and Fisher to be analog in nature as taught by Rice to allow a user to progressively increase or decrease power output (e.g. resistance) in smaller increments (instead of a stepped gear change).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 8/24/2026
Prosecution Insights