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 .
Claim Rejections - 35 USC § 112
Claims 6 and 20 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 negative limitation “lacks any haptic feedback . . .” is not supported by the originally filed disclosure. Negative limitations must have support. There is insufficient evidence applicant had possession of the claimed invention at the time of filing.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 and 15-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schaefer et al (US 12,239,881 – effectively filed 4/17/2021)
Schaefer teaches regarding claim:
1. An exercise device for engaging in an exercise (FIG 1), the exercise device comprising: a communications interface for receiving instructions from control software controlling operation of the exercise device (see below excerpt for description of necessary communications interface for controlling the device); a resistance device applied to the exercise device for increasing or decreasing resistance for the exercise under control of the control software (to simulate various exercise conditions as discussed in the excerpt below); and the control software operating to detect a state of the exercise device or a user of the exercise device and to instruct the resistance device to alter the resistance applied to the exercise device by the resistance device in response to the state of the resistance device or the user of the exercise device (to simulate gear changes in response to a difficulty level or course selected by the user, with the selection being a form of “state” of the user, said state indicative of the physical abilities of the user; see Col 5, line 61 – Col 7 ln 17; this section discusses an exercise device that provides a virtual simulation for a user with variable resistance and simulated gear changes, each of which are responsive to the exercise state of a user as measured by sensors, plus necessary control/communication hardware and software to permit such functionality; note that this device is capable of being used in a manual mode, or in a mode controlled with actuators – the virtual gear shifting is usable with either implementation as best understood; This section reads: “Controlling Resistance Level
(42) Actuators are used in some embodiments of the present invention to turn control knobs or press buttons to control the resistance level.
(43) Instructions can be given to the user to operate the machine controls to control the resistance level.
(44) In one embodiment, control is achieved by physically wiring in a signal and actuator, such as a motor, linear actuator, stepper motor, solenoid to vary an existing resistance control electrically. Alternately, also electrically controlled brake pads are added to moving elements of the machine to effect such control.
(45) If the machine is manufactured to accept these types of inputs, they of course are used in embodiments of the present invention.
(46) Technique for Substituting for the Control of Resistance by Using the Measurement of Resistance
(47) For many machines, it may be easier to infer the resistance level than to control it. The present invention has provisions for interfacing to a simulation, game, or other workout experience that is or is not expecting to control resistance level, without actually controlling the resistance level.
(48) In this embodiment, the machine preferably operates in a manual mode, where the user can control the resistance level manually, with a knob, up/down buttons, etc. The manual resistance control is thought of as a gear shift of sorts, that is, when the resistance is increased, the virtual “gearing” is increased, and the virtual object moves proportionally faster in a game or simulation, or performs the virtual task with modified skill level, speed, or intensity, due to the increased effort per revolution. Alternately, a pre-defined resistance profile may be used, for example to ensure the workout contains a range of resistance levels, speeds, etc. And as above, the behavior, for example, speed, of the virtual object is varied depending on the resistance level.
(49) When a simulation or game sends a command to the machine to increase the resistance, for example, during a simulated uphill, instead of actually increasing resistance, this embodiment of the invention instead decreases the distance traveled per revolution of the machine. This is equivalent to the gear shift being automatically reduced when the workout calls for increased resistance settings, such as uphills. So the effect is that, given the same manual resistance setting and the same pedaling speed, when the uphill occurs, the virtual object in the simulated environment will slow down. If the user wishes to go faster up that hill, they will need either to move (e.g., pedal) the mechanism faster, or to “upshift” by increasing the resistance level.
(50) Similarly, the distance per revolution is increased when the simulation or game commands for a decrease in resistance.
(51) The end result is that the user experiences similar realism as if the resistance were being changed. The main thing that is different is that the machine appears to automatically upshift and downshift in response to changes in difficulty. To make the experience of the automated gear shift as realistic as possible, additional feedback is optionally provided in an embodiment of the present invention, including one or more of the following: A sound effect, such as that of a motor, that changes its frequency according to the gear shift. A verbal prompt indicating the gear shift. A sound effect, vibration, or other event that simulates discrete changes to gear shift, rather than a gradual, continuous change Visual display items that show the gear shift A very obvious display of speed, such as a dial, or versions of the above gear-shift-related indicators, such that when the gears are shifted, it is very clear that the speed changes dramatically.
(52) Even without such enhancements, it should be clear to the user that a change in the speed of the simulated terrain, course, etc. has occurred on the basis of information displayed on a user interface of the machine or of the invention.
(53) Alternate embodiments of the present invention do not contain a simulation or game as part of the workout experience. For example, an experience such as a workout class may simply specify resistance levels to be used in various portions of the workout. The data items corresponding to the change in resistance are modified analogously to the above velocity-based description. Similarly, alternate embodiments display data such as speed, power, RPMs, calories, etc., and may share workout data in real time, or in databases without specifically affecting the motion of a virtual object in a virtual environment. It should be understood that the processing techniques described herein for embodiments that do affect motion of a virtual object in a simulation, game, etc., may equivalently be used for such purposes in these alternate embodiments of the present invention.”).
2. The exercise device of claim 1 wherein the alteration of the resistance simulates a change in gear, increasing or decreasing the resistance to mimic a transition between gears of a virtual cassette (see above discussion of virtual gear changes that would mimic the virtual cassette as claimed in as much as applicant has shown the same).
3. The exercise device of claim 1 wherein the control software detects a selected one of the following as the state prompting alteration of the resistance applied to the exercise device: the user's cadence or cadence range, power range in watts generated, functional threshold power, heart rate or a maximum heart rate; a typical location within a virtual world where other users have typically altered the resistance manually or automatically; a user-specific location within the virtual world where the user has typically altered the resistance manually or automatically; the user's pace within the virtual world as compared to a desired pace; and as instructed by the control software for a training regimen (see above excerpt which discusses such adjustment in response to various virtual factors, such as encountering a hill, which is considered “a typical location within a virtual world where other users have typically altered the resistance” as claimed).
4. The exercise device of claim 1 wherein the control software is further for: initiating the alteration in the resistance in response to the state (as discussed above); and instruct a signaling system to provide a visual indicator that the resistance is about to be altered – see col 7, lines 29-38 and Col 26, lines 7-24: “One embodiment of the present invention is as a standalone game or simulation system. This embodiment includes the sensors and computation described above, plus simulation or gaming software that determines where in the simulated environment the virtual object (and hence, user) is, what the inclines, slopes, headwinds, etc. are being faced, and what happens in the environment as a function of the user's force, power, and/or speed, etc. Graphical, textual, audio, or other outputs of the simulation or game state are provided, as will be apparent to those of skill in the art. . . . (184) Provide a popup window that appears along with the display of the existing simulation system, showing the gear shift, etc. (185) Use a separate device than that running the simulation system, such as an additional computer, cell-phone, watch, etc., to provide a secondary display which shows the gear shift, etc.
(186) Provide additional hardware to serve as a standalone display or indicator for the gear shift, etc. (187) Provide a sound or vibration signals as input to the Operating System of the host device running the simulation that has the sound effects of gear shifts, etc., such as “klunk” sounds, a whirring sound representing the speed of part of the “transmission” of the “gear shift”, the overall speed, etc.
(188) Provide independent sound or vibration signals from hardware associated with the present invention's sensors, such as speakers, headphones, vibration actuators, etc., to provide the sound effects indicating the gear shifting, etc.).
5. The exercise device of claim 4 further wherein the visual indicator is at least one selected from the group: a countdown of numbers on a display, an indicator bar that transitions from full to empty or from empty to full, and a text or audio notification (text and audio notifications as discussed in the excerpt above).
6. The exercise device of claim 1 wherein a transition from a first resistance to a second resistance lacks haptic feedback apart from a change from the first resistance to the second resistance (sufficiently smooth to permit a user to exercise continuously, which is a lack of haptic feedback in as much as applicant has shown the same).
7. The exercise device of claim 1 wherein the exercise device comprises a selected one of a stationary cycle and a trainer ( “ For example, the user may be doing a workout on a treadmill, elliptical, stair-stepper, or exercise bike”).
15. A system for engaging in an exercise, the system comprising: a communications interface for receiving instructions from control software controlling operation of a trainer; the trainer for generating a first resistance to be applied to an exercise device, the trainer increasing or decreasing resistance for the exercise under control of the control software; and the control software operating to: detect a state of the trainer or a user of the exercise device; and to instruct the trainer to alter a resistance applied to the exercise device from the first resistance immediately preceding the virtual gear shift to a second resistance applied to the bicycle immediately following the virtual gear shift in response to the state (as discussed and cited above).
16. The system of claim 15 wherein the alteration of the resistance simulates a change in gear, increasing or decreasing the resistance to mimic a transition between gears of a virtual cassette (as discussed and cited above).
17. The system of claim 15 wherein the control software detects a selected one of the following as the state prompting alteration of the resistance applied to the exercise device: the user's cadence or cadence range, power range in watts generated, functional threshold power, heart rate or a maximum heart rate; a typical location within a virtual world where other users have typically altered the resistance manually or automatically; a user-specific location within the virtual world where the user has typically altered the resistance manually or automatically; the user's pace within the virtual world as compared to a desired pace; and as instructed by the control software for a training regimen (as discussed and cited above).
18. The system of claim 15 wherein the control software is further for: initiating the alteration in the resistance in response to the state; and instruct a signaling system to provide a visual indicator that the resistance is about to be altered.
19. The system of claim 18 further wherein the visual indicator is at least one selected from the group: a countdown of numbers on a display, an indicator bar that transitions from full to empty or from empty to full, and a text or audio notification (as discussed and cited above).
20. The system of claim 15 wherein a transition from a first resistance to a second lacks haptic feedback apart from a change from the first resistance to the second resistance (sufficiently smooth to permit a user to exercise continuously, which is a lack of haptic feedback in as much as applicant has shown the same).
Response to Arguments
Applicant's arguments filed 2/10/2026 have been fully considered but they are not persuasive. Applicant has argued more narrowly than claimed. Applicant’s arguments revolve around Schaefer allegedly not teaching detecting a state or providing instructions to alter the resistance in response to the state. The Office disagrees. Schaefer teaches automatic resistance shifting based on a state of the device to simulate terrain as selected by the user when the user begins the session – this is a form of user state indicative of the user’s physical capabilities. Applicant has not narrowed the claim limitations or provided specifics regarding what constitutes a “state” – the term must be given its broadest reasonable interpretation. This meets the claimed limitations in questions. As discussed in the previous action, Claim 1 is broad; “the state” must be interpreted as any state relating to the exercise device or user. Limitations from the specification cannot be read into the claim. If applicant intends a narrower construction, additional details should be included in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARRETT K ATKINSON whose telephone number is (571)272-8117. The examiner can normally be reached 0800-1800 M-F.
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/GARRETT K ATKINSON/Primary Examiner, Art Unit 3784