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.
Claims 1-20 have been examined.
Response to Arguments
Applicant's arguments filed 1/27/2023 have been fully considered but they are not persuasive.
With regards to Applicant’s arguments that Button fails to disclose shifters that are biased to a neutral position using springs, Examiner respectfully disagrees. As disclosed on Page 16, Lines 9-11, Button explicitly discloses that “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”. One of ordinary skill would recognize that a momentary switch is one that completes or interrupts a circuit only while the actuator (button, lever, or plunger) is pressed. Once released, the switch returns to its original state due to a spring mechanism, breaking or completing the circuit as needed. Therefore, Button teaches a shifter that is biased to a neutral position using springs as claimed.
With regards to Applicant’s argument that Button does not disclose that one or more shifters that "provide a tactile response indicating that the one or more ... shifters have moved to an actuated position", Examiner respectfully disagrees. At a minimum, the aforementioned button comprising a momentary switch provides a tactile response when the button bottoms out to engage the contact to shift gears and also when the button is released and returns to its original, neutral state.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
The multi-position shifters, mid-sized shifters, compact shifters, and rocker shifters being both biased to a neutral position and shiftable to a plurality of actuated positions (Claims 2-5 and 12-15)
The rotary controls, mouse wheel controls, and coaxial wheel controls being both shiftable to a plurality of actuated positions and biased to a neutral position (Claims 6-8 and 16-18)
The handle control systems including one or more shifters and one or more rotary controls, mouse wheel controls, and coaxial wheel controls (Claims 6-8 and 16-18)
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The following claimed features are not disclosed in the specification:
The multi-position shifters, mid-sized shifters, compact shifters, and rocker shifters being both biased to a neutral position and shiftable to a plurality of actuated positions (Claims 2-5 and 12-15)
The rotary controls, mouse wheel controls, and coaxial wheel controls being both shiftable to a plurality of actuated positions and biased to a neutral position (Claims 6-8 and 16-18)
The handle control systems including one or more shifters and one or more rotary controls, mouse wheel controls, and coaxial wheel controls (Claims 6-8 and 16-18)
These features are disclosed in the specification as being mutually exclusive and one of ordinary skill in the art would also recognize that if the controls/shifters are biased to a neutral position once released, they cannot also function to simultaneously shift to a plurality of actuated positions in which they remain during the exercise. The claims will be examined as best understood.
Claim Rejections - 35 USC § 102
Claims 1-6, 8-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Button et al (WO 2010036275).
1. 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”) and biased to a neutral position (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”) and shiftable to a plurality of actuated positions (contact and released);
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 the handlebar of the exercise apparatus 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).
2. Button et al disclose the method of claim 1, wherein the one or more shifters are one or more multi-position shifters (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”);
wherein movement of the one or more multi-position shifters to one of the plurality of actuated positions is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more multi-position shifters provide a tactile response indicating that the one or more multi-position shifters has moved to an actuated position.
3. Button et al disclose the method of claim 1, wherein the one or more shifters are one or more mid-sized shifters (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”);
wherein movement of the one or more mid-sized shifters to one of the plurality of actuated positions is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more mid-sized shifters provide a tactile response indicating that the one or more mid-sized shifters has moved to an actuated position.
4. Button et al disclose the method of claim 1, wherein the one or more shifters are one or more compact shifters (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”);
wherein movement of the one or more compact shifters to one of the plurality of actuated positions is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more compact shifters provide a tactile response indicating that the one or more compact shifters has moved to an actuated position.
5. Button et al disclose the method of claim 1, wherein the one or more shifters are one or more 2-way rocker shifters (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”);
wherein movement of the one or more 2-way rocker shifters to one of the plurality of actuated positions is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more 2-way rocker shifters provide a tactile response indicating that the one or more 2-way rocker shifters has moved to an actuated position.
6. Button et al disclose the method of claim 1, wherein the one or more shifters are one or more rotary controls (Page 14, Line 29- Page 15, Line 6: “a knob…a turning motion”);
wherein the one or more rotary controls are positioned on the handlebar of the exercise apparatus to enable actuation of the one or more rotary controls with a thumb of the user when the user’s hand is positioned on the handlebar for exercise (Pages 15-18);
wherein the one or more rotary controls are configured with a surface that facilitates friction on the user’s thumb allowing the dial of the one or more rotary controls to be rotated in a clockwise, counterclockwise, forward, and/or backward direction (Page 14, Line 29- Page 15, Line 6: “a knob…a turning motion”);
wherein movement of the one or more rotary controls is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more rotary controls include a plurality of clickable positions providing a tactile response indicating that the one or more rotary controls has moved to a new actuated position and maintaining the one or more rotary controls in the actuated position until moved to a new actuated position by the user.
8. Button et al disclose the method of claim 1, wherein the one or more shifters are one or more coaxial wheel controls (Page 14, Line 29- Page 15, Line 6: “a knob…a turning motion”);
wherein the one or more coaxial wheel controls are positioned on the handlebar of the exercise apparatus to enable actuation of the one or more coaxial wheel controls with a thumb or finger of the user when the user’s hand is positioned on the handlebar for exercise (Pages 15-18);
wherein the one or more coaxial wheel controls are configured with a surface that facilitates friction on the user’s thumb and/or finger to enable a dial of the one or more coaxial wheel controls to be rotated in a clockwise, counterclockwise, forward, and/or backward direction (Page 14, Line 29- Page 15, Line 6: “a knob…a turning motion”);
wherein movement of the one or more coaxial wheel controls is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more coaxial wheel controls include a plurality of clickable positions providing a tactile response indicating that the one or more coaxial wheel controls has moved to a new actuated position and maintaining the one or more coaxial wheel controls in the actuated position until moved to a new actuated position by the user.
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. 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”) and biased to a neutral position (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”) and shiftable to a plurality of actuated positions (contact and released);
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).
12. Button et al disclose the exercise apparatus of claim 11, wherein the one or more shifters are one or more multi-position shifters (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”), which are biased to a neutral position and shiftable to a plurality of actuated positions;
wherein movement of the one or more multi-position shifters to one of the plurality of actuated positions is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more multi-position shifters provide a tactile response indicating that the one or more multi-position shifters has moved to an actuated position.
13. Button et al disclose the exercise apparatus of claim 11, wherein the one or more shifters are one or more mid-sized shifters (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”), which are biased to a neutral position and shiftable to a plurality of actuated positions;
wherein movement of the one or more mid-sized shifters to one of the plurality of actuated positions is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more mid-sized shifters provide a tactile response indicating that the one or more mid-sized shifters has moved to an actuated position.
14. Button et al disclose the exercise apparatus of claim 11, wherein the one or more shifters are one or more compact shifters (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”), which are biased to a neutral position and shiftable to a plurality of actuated positions;
wherein movement of the one or more compact shifters to one of the plurality of actuated positions is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more compact shifters provide a tactile response indicating that the one or more compact shifters has moved to an actuated position.
15. Button et al disclose the exercise apparatus of claim 11, wherein the one or more shifters are one or more 2-way rocker shifters (Page 14, Line 29- Page 15, Line 6: “a lever, a latch, a switch”), which are biased into a neutral position and shiftable to a plurality of actuated positions;
wherein movement of the one or more 2-way rocker shifters to one of the plurality of actuated positions is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more 2-way rocker shifters provide a tactile response indicating that the one or more 2-way rocker shifters has moved to an actuated position.
16. Button et al disclose the exercise apparatus of claim 11, wherein the one or more shifters are one or more rotary controls (Page 14, Line 29- Page 15, Line 6: “a knob…a turning motion”);
wherein the one or more rotary controls are positioned on the handle of the exercise apparatus to enable actuation of the one or more rotary controls with a thumb of the user when the user’s hand is positioned on the handle for exercise (Pages 15-18);
wherein the one or more rotary controls are configured with a surface that facilitates friction on the user’s thumb allowing the dial of the one or more rotary controls to be rotated in a clockwise, counterclockwise, forward, and/or backward direction (Page 14, Line 29- Page 15, Line 6: “a knob…a turning motion”);
wherein movement of the one or more rotary controls is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more rotary controls include a plurality of clickable positions providing a tactile response indicating that the one or more rotary controls has moved to a new actuated position and maintaining the one or more rotary controls in the actuated position until moved to a new actuated position by the user.
18. Button et al disclose the exercise apparatus of claim 11, wherein the one or more shifters are one or more coaxial wheel controls (Page 14, Line 29- Page 15, Line 6: “a knob…a turning motion”);
wherein the one or more coaxial wheel controls are positioned on the handlebar of the exercise apparatus to enable actuation of the one or more coaxial wheel controls with a thumb or finger of the user when the user’s hand is positioned on the handlebar for exercise (Pages 15-18);
wherein the one or more coaxial wheel controls are configured with a surface that facilitates friction on the user’s thumb and/or finger to enable a dial of the one or more coaxial wheel controls to be rotated in a clockwise, counterclockwise, forward, and/or backward direction (Page 14, Line 29- Page 15, Line 6: “a knob…a turning motion”);
wherein movement of the one or more coaxial wheel controls is detected by the one or more sensors (Pages 15-18); and/or
wherein the one or more coaxial wheel controls include a plurality of clickable positions providing a tactile response indicating that the one or more coaxial wheel controls has moved to a new actuated position and maintaining the one or more coaxial wheel controls in the actuated position until moved to a new actuated position by the user.
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).
Examiner’s Note: As to Claims 2-6, 8, 12-16, and 18, it is Examiner’s position that the disclosed lever, latch, switch, and knob mounted on the handles which are triggered or actuated via actions in addition to or differing from a pressing action, including but not limited to, a turning motion, a pulling motion, and/or a pushing motion constitute the multi-position/mid-sized/compact shifters and rotary control/ wheel as claimed. If, arguendo, it is Applicant’s position that the disclosure of Button et al of “the gear shifting subunit 148 is illustrated as taking upon the form factor of a button, it can take upon any shape or form factor including but not limited to, a bar, a touch-screen button, a pad, a lever, a latch, a switch, and/or a knob…triggered or actuated via actions in addition to or differing from a pressing action, including but not limited to, a turning motion, a pulling motion, and/or a pushing motion” (Page 14 Line 29- Page 15, Line 6) does not explicitly disclose the shifters as claimed, a position to which the Examiner does not concede, Examiner reminds Applicant that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted “in view of the specification” without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) (“During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.”).
Claim Rejections - 35 USC § 103
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Button et al in view of Arceta et al (US Patent Application Publication 2021/0283465).
Button et al disclose the method and apparatus significantly as claimed, including the aforementioned physical control interfaces and corresponding function, but do not explicitly disclose wherein the one or more handle control systems include one or more mouse wheel controls positioned on the handlebar of the exercise apparatus to enable actuation of the one or more mouse wheel controls with a thumb or finger of the user when the user’s hand is positioned on the handlebar for exercise.
Arceta et al teach a similar exercise machine, which can be a treadmill or bicycle, having an input device which receives user input movement applied to physical control interface in the form of a mouse wheel (68; Par. 0034), wherein the control system controls an adjustment device based on the direction of the user input movement received by the input device (Abstract). 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 physical control interface of Button et al to include the mouse wheel as taught by Arceta et al to provide a visual and tactile reference by which the user may identify the input device without requiring directly looking, also allowing the user to judge where between the first end and second end the user is presently contacting the input device (Par. 0036).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 2/11/2026