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 .
Examiner’s Comments
Claims 1-20 have been cancelled by applicant. Claims 21-36 are added by applicant.
Claims 21-36 are rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/06/2024 was filed simultaneously with the mailing date of the application on 05/06/2024, and the IDSs submitted on 12/16/2024 and 06/16/2025 were filed after the mailing date of the application on 05/06/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 21, 23-29, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Sato (International Patent Publication No. WO2020218368A1), in view of Jarvik (US Patent No. US5577981A).
Regarding claim 21, Sato shows an exercise apparatus (Sato, exercise equipment 10, page 3) comprising: a display (Sato, screen 17, page 3); one or more sensors configured to measure an exerted effort of a user of the exercise apparatus (Sato, “The information processing device 14 is a computer that executes a software program on a processor, and is shared by the measuring device 12 and the video device 13”, page 3, and “The information is transmitted to the video device 13. This notification information is information regarding the distance traveled. The information regarding the travel distance is information that makes it possible to calculate the travel distance and the travel speed based on the information. Examples of information include a pulse signal generated each time the pedal is rotated, and a code signal indicating the rotation speed of the pedal, such as how many rotations per minute… the moving speed can be calculated from the rotating speed of the pedal by defining that one rotation of the pedal moves by a predetermined distance”, page 6; Although not explicitly disclosed by Sato, the one or more sensors of the claimed invention is shown by Sato as a sensor is required to determine the rotating speed of the pedal of Sato with the pulse signal); a system comprising: a signal receiving module in communication with the one or more sensors to receive a signal comprising information on the exerted effort of the user of the exercise apparatus (Sato, “The information processing device 14 is a computer that executes a software program on a processor, and is shared by the measuring device 12 and the video device 13”, page 3, and “the fitness bike which is the exercise device 11 of the present embodiment is a device for performing an exercise simulating movement by exercise called a bicycle pedal, and is a notification based on the state of the user 19 and/or the state of the exercise device 11. The information is transmitted to the video device 13. This notification information is information regarding the distance traveled. The information regarding the travel distance is information that makes it possible to calculate the travel distance and the travel speed based on the information… the moving speed can be calculated from the rotating speed of the pedal by defining that one rotation of the pedal moves by a predetermined distance”, page 6; The signal receiving module of the claimed invention is shown by the software program on the processor shared by the video device receiving the notification information that allows the travel distance and travel speed to be calculated. The processor of Sato performs this function).
Although, Sato discloses on page 6, “The information is transmitted to the video device 13. This notification information is information regarding the distance traveled. The information regarding the travel distance is information that makes it possible to calculate the travel distance and the travel speed based on the information. Examples of information include a pulse signal generated each time the pedal is rotated, and a code signal indicating the rotation speed of the pedal, such as how many rotations per minute… The video device 13 controls the displayed video based on the notification information received from the exercise device 11”, Sato fails to explicitly show a velocity determining module in communication with the signal receiving module and configured to determine based on information extracted from the signal a velocity correlated to the user's motion on the exercise apparatus; and a graphic enhancing module in communication with the velocity determining module and produce a graphic enhancement on the display based on the velocity.
However, Jarvik, from the same field of endeavor, discloses in the Abstract “A virtual reality hybrid of virtual and real environments is provided which permits the user to perform significant physical exertion by applying forces to the machine while viewing images on a head mounted display. The invention permits the user to view his own hands and body superimposed over a computer generated image of objects that are not actually present while maintaining parts of the exercise machine that the user physically contacts, such as a handle, superimposed over the computer generated image. As the user exerts forces against the machine (such as the handle) he perceives that he is exerting forces against the objects the images represent”. Jarvik continues to disclose in col. 10, lines 15-19, “The program generates the necessary control and display signals to maintain superimposition of the computer image and the handle, and to match the force applied by the exercise machine's actuators to the appropriate force to move the virtual object… the basic sequential steps of the computer program, as illustrated in FIG. 10, are as follows:… 89. Sense the forces applied to the exercise machine handle by the user at t=0 sec. in the various axes measured. 91 Compute the velocity, acceleration, and direction of motion that the sensed forces would impart to the virtual objects if they were real”.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized both the travel distance and speed to calculate the velocity of the user’s motion on the exercise apparatus. Moreover, it is well known in the art to calculate velocity of a user pedaling an exercise bicycle to determine exercise parameters. The processor of Sato performs the function of calculating travel distance and travel speed. Moreover, Sato also discloses on page 6, “the video device 13 calculates a moving speed from the notification information, and displays a display video as if the user 19 is moving in the virtual space at the moving speed. For example, the faster the moving speed obtained from the notification information, the faster the moving speed in the virtual space. According to this, since the state of the user and / or the exercise device can be reflected in the image, it is possible to enhance the sense of presence and immersiveness”. Therefore, it would be obvious for the displaying of the display video of Sato with the user moving in virtual space to be also adjusted according to the calculated velocity as taught by Jarvik. Furthermore, similar to function of calculating travel distance and travel speed of Sato, the software program on the processor of Sato performs the function of displaying the display video, thereby teaching, in view of Jarvik, the velocity determining module and the graphic enhancing module of the claimed invention.
PNG
media_image1.png
373
322
media_image1.png
Greyscale
Sato
Regarding claim 23, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, wherein the graphic enhancement comprises a fraction effect that causes nearfield visual markers in graphics being displayed appear to move by relatively faster than objects far away in the same graphics (Sato, “A display image is generated from a three-dimensional image by a process that makes it look like an accurate and natural image so as to give the illusion that it exists there, but as a modification, the display image is the difference between the left and right eyes. It may be a three-dimensional image consisting of two images given the above. The image device 13 includes a display device that displays a display image on the screen and a three-dimensional eyeglass device worn by the user, and the display devices are two for the left and right eyes having parallax according to the viewpoint position 19A. Generate a display image and display it on the screen. The three-dimensional spectacle device displays two display images to the left and right eyes of the user 19, respectively. By giving the left and right eyes parallax the image corresponding to the viewpoint position 19A of the user 19, it is possible to give the user 19 a stereoscopic effect of the image and give a higher sense of presence and immersion”, pages 10-11; The fraction effect of the claimed invention is taught with the three-dimensional image of Sato that discloses motion parallax.).
Regarding claim 24, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, wherein the graphic enhancing module is configured to adjust the intensity of the graphic enhancement (Sato, “the video device 13 calculates a moving speed from the notification information, and displays a display video as if the user 19 is moving in the virtual space at the moving speed. For example, the faster the moving speed obtained from the notification information, the faster the moving speed in the virtual space. According to this, since the state of the user and / or the exercise device can be reflected in the image, it is possible to enhance the sense of presence and immersiveness”; In the broadest reasonable interpretation of the claim, the moving speed being faster in virtual space from the notification information teaches the adjustment of intensity of the graphic enhancement of the claimed invention).
Regarding claim 25, Sato, in view of Jarvik, teaches the exercise apparatus of claim 24, wherein the graphic enhancing module is configured to increase the intensity of the graphic enhancement in response to an increased exerted effort recorded by the one or more sensors (Sato; “The information is transmitted to the video device 13. This notification information is information regarding the distance traveled. The information regarding the travel distance is information that makes it possible to calculate the travel distance and the travel speed based on the information. Examples of information include a pulse signal generated each time the pedal is rotated, and a code signal indicating the rotation speed of the pedal, such as how many rotations per minute”; The notification information of Sato is from the rotating speed of the user, therefore teaching, in the broadest reasonable interpretation of the claim, the graphic enhancement in response to an increased exerted effort recorded by the one or more sensors of the claimed invention).
Regarding claim 26, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, wherein the graphic enhancement comprises a wider field of view being provided on the display (Sato, “By giving the left and right eyes parallax the image corresponding to the viewpoint position 19A of the user 19, it is possible to give the user 19 a stereoscopic effect of the image and give a higher sense of presence and immersion”; The three-dimensional image of Sato that discloses motion parallax teaches the wider field of view of the claimed invention as the specification of the claimed invention discloses in paragraph 0044, “As illustrated in Fig. 1, the camera 103 can be attached or positioned facing the user at the top of the display screen 102 of the stationary bike 100. It should be understood that, depending on the type and specification of the camera used, the camera 103 can be positioned in any place on the stationary bike that would allow it to accurately track and record the user’s eye movements. In some embodiments, multiple cameras can be used to provide a wider area of coverage”. Therefore, the left and right eyes parallax described by Sato corresponds with the tracking and recording of user’s eye movements of the claimed invention).
Regarding claim 27, Sato, in view of Jarvik, teaches the exercise apparatus of claim 26, wherein the wider field of view is generated by having left and right eye images warped separately according to a same curvature (Sato, “A display image is generated from a three-dimensional image by a process that makes it look like a reliable and natural image in order to give the illusion of. At that time, for example, when generating an image to be displayed on the screen of the screen 17A, the video apparatus 13 projects a three-dimensional object in the virtual space defined in the three-dimensional data onto the screen of the screen 17A, that is, a two-dimensional surface. Perform a projective transformation like this. For the screens 17B and 17C, the video apparatus 13 generates a display video by the same processing”, page 3; As discussed in claim 23 above, Sato teaches the generation of the wider field of view with warping the left and right eye images with the process of the display image being generated from the three-dimensional image. Furthermore, the wider field of view being generated according to the same curvature of the claimed invention is taught by each image generated on each of the screens 17A, 17B, and 17C, respectively, as each of screens 17A, 17B, and 17C is taught to be flat in FIG. 2).
PNG
media_image2.png
401
346
media_image2.png
Greyscale
Sato
Regarding claim 28, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, wherein the graphic enhancing module is configured to differentiate between components of a virtual scene that is warped or unwarped (Sato, see FIG. 6 below; As noted above in claim 23, Sato teaches a virtual scene with components that are warped. Sato also teaches unwarped components with the texts seen below in FIG. 6 with the target rotation speed presentation unit 42, the actually measured rotation speed presenting unit 43, and the game status display unit 44 as the specification of the claimed invention discloses in paragraph 0095, “Additionally, the graphic enhancing module 808 can be programmed with the capability to differentiate between components of the virtual scene that should be warped or unwarped. For example, graphic interface elements, text, particles and certain objects might not be intended to be warped whereas the landscape and terrain must be warped to achieve the expanded field of view”).
Regarding claim 29, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, wherein the graphic enhancement comprises an amplified perception of depth (Sato, see claim 23 above; The amplified perception of depth of the claimed invention is shown by the motion parallax disclosed by Sato).
Regarding claim 35, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, wherein the graphic enhancing module is configured to vary a target exertion threshold (Sato, “The game of the present embodiment is a game in which the exercise device 11 performs the same exercise as the instructor running on a bicycle in the image on the screen 17. Specifically, this game is a game that utilizes the movement distance and movement speed of the movement of the user 19. The user 19 is a game in which the exercise device 11 performs a bicycle rowing exercise so that the instructor in the image travels by a predetermined target distance at a speed within a predetermined range of the speed of riding a bicycle. According to this game, the user 19 can naturally and effectively perform the exercise by rowing a bicycle so as to follow the instructor in the simulated scene”, page 7; The predetermined target distance at a speed within a predetermined range of speed of Sato shows the target exertion threshold. The range of speed of Sato shows the options for which the processor may vary the predetermined distance at a given speed, thereby teaching the graphic enhancing module of the claimed invention being configured to vary the target exertion threshold).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Sato (International Patent Publication No. WO2020218368A1), in view of Jarvik (US Patent No. US5577981A), as applied to claim 21 above, and further in view of Sankai (International Patent Publication No. WO2020158904A1).
Regarding claim 22, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, including the one or more sensors.
Sato and Jarvik fail to explicitly show the one or more sensors comprise an ergometer for capturing an exerted effort of the user of the exercise apparatus.
However, Sankai, from the same field of endeavor, teaches an ergometer for capturing an exerted effort of the user of the exercise apparatus (Sankai, “The display unit (synchronous image display unit) 9 of the bicycle ergometer 2 is provided within the field of view of the subject who is seated on the bicycle ergometer 2 and is synchronized with the pedaling motion of the subject according to the control by the motion assisting unit 4. It is designed to display a changing image”, page 4).
PNG
media_image3.png
304
396
media_image3.png
Greyscale
Sankai
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the exercise device of Sato (which is already disclosed to be an exercise bicycle) to specifically be a bicycle ergometer of Sankai as Sato already discloses determining rotation speed of the pedal, but does not explicitly disclose the sensor that determines the rotation speed. Furthermore, both Sato and Sankai disclose the same overall function of changing the image to match the pedaling motion of the user. Sankai also discloses on page 4 how the changing image “allows the subject to visually experience the amount of exercise (progress state) due to pedaling while continuously performing exercise for the recovery of the heart function in a positive mood (while enjoying the sense of accomplishment)”, similar to that of Sato, making this modification obvious.
Claims 30 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Sato (International Patent Publication No. WO2020218368A1), in view of Jarvik (US Patent No. US5577981A), as applied to claim 21 above, and further in view of Robinson (PG Patent Publication No. US20170197113A1).
Regarding claim 30, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, including the display.
Sato and Jarvik fail to explicitly teach the display comprises a 3D or holographic display.
However, Robinson, from the same field of endeavor, teaches a 3D or holographic display (Robinson, “The system 10 and, in particular, the stimulator subsystem 14 may have the ability to generate and display the images in a realistic three-dimensional image, (i.e., as a light-field or a holographic image) as shown at 19 and 21 in the drawing FIGS. 8 and 9, respectively. Therefore, as the user moves his/her head around, the holographic image appears to change just as the image of a real object changes”, paragraph 0041, and “the display is a light-field or holographic display”, claim 12).
PNG
media_image4.png
321
374
media_image4.png
Greyscale
Robinson
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the screen and the three-dimensional eyeglass device worn by the user to be the holographic display of Robinson as both Sato and Robinson disclose exercise devices that stimulate the user to exercise with visual outputs. Sato already discloses the use of three-dimensional images. Robinson simplifies Sato by providing the screen itself to be holographic. The holographic image of Robinson is also responsive to the movements of the user, making this modification obvious.
Regarding claim 36, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, including the system.
Sato and Jarvik fail to teach the system being configured to provide sound or haptic vibrations to induce neural entertainment in the user.
However, Robinson discloses in the Abstract, “A stimulator subsystem is controllable to provide sets of stimuli to the user during user exercise including a set of stimuli capable of evoking a pupillary response in the user. An imaging assembly images a pupil of an eye of the user during user exercise to obtain a set of images of the pupil. An image processor processes the set of images to obtain measurements which measure the pupillary response. A system controller controls the exercise apparatus and the stimulator subsystem so that the exercise apparatus automatically provides the high-intensity exercise interval to the user based on the measurements”.
Robinson teaches sound to induce neural entertainment in the user (Robinson, “The sets of stimuli may include audio and video stimuli obtained from wireless signals 17″ as shown in FIG. 4 wherein the stimulator subsystem 14″ may also include at least one speaker in the form of a transducer, headphone or earbuds 18″ wherein the sets of stimuli include audio stimuli such as music”, paragraph 0042).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included the at least one speaker of Robinson to enhance the high-intensity exercise training. This modification is further obvious as disclosed in paragraph 0038 of Robinson, “The exercise apparatus may include one of an exercise cycle, a treadmill (as shown in FIGS. 2-9), a stair climber, an elliptical machine, a skiing simulator and a rowing machine”. Therefore, the high-intensity exercise training may also be done with the bicycle of Sato.
Claims 31-34 are rejected under 35 U.S.C. 103 as being unpatentable over Sato (International Patent Publication No. WO2020218368A1), in view of Jarvik (US Patent No. US5577981A), and further in view of Super Baked Potato – Chroma Lab-SuperBaked plays with balls in VR (https://www.youtube.com/watch?v=jQpTcMyK4nQ).
Regarding claim 31, Sato, in view of Jarvik, teaches the exercise apparatus of claim 30, including the graphic enhancement.
Sato and Jarvik fail to explicitly show the graphic enhancement comprising a zoom particles effect that populates the user's viewport with small moving points, streaks, and artifacts.
However, Super Baked Potato, from the same field of endeavor, teaches a zoom particles effect that populates the user's viewport with small moving points, streaks, and artifacts (Super Baked Potato, see video from 9:30-10:20; The first screenshot below circles the particles that are moving slowly in response to a slow movement by the user in the video, whereas the second screenshot beneath the first screenshot circles the particles that move quickly in response to a faster movement by the user, thereby teaching the zoom particle effect of the claimed invention).
PNG
media_image5.png
765
1059
media_image5.png
Greyscale
Super Baked Potato
PNG
media_image6.png
764
1061
media_image6.png
Greyscale
Super Baked Potato
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the software program on the processor of Sato to also incorporate the small moving points seen in Super Baked Potato in order to further enhance the overall virtual reality experience, and consequently the workout of the user. Both Sato and Super Baked Potato adjust graphics based on the pedaling of a user with an exercise machine, making this modification obvious.
Regarding claim 32, Sato, in view of Jarvik and Super Baked Potato, teaches the exercise apparatus of claim 31, further comprising a zoom particle generating module configured to generate the zoom particles effect (In light of the modification made in claim 31 above with Super Baked Potato, it would be required for the software program on the processor of Sato to have a module in specific to the zoom particle effect in order for the small moving points seen in the screenshot above to be displayed in the video of Sato).
Regarding claim 33, Sato, in view of Jarvik and Super Baked Potato, teaches the exercise apparatus of claim 31, wherein the graphic enhancing module is configured to adjust an intensity of the zoom particles effect in response to the velocity and the exerted effect detected by the one or more sensors (As noted above, the small particles seen in Super Baked Potato move as fast as the input by the user. Therefore, Sato, in view of Jarvik and Super Baked Potato, teaches the graphic enhancing module is configured to adjust an intensity of the zoom particles effect in response to the velocity and the exerted effect detected by the one or more sensors).
Regarding claim 34, Sato, in view of Jarvik, teaches the exercise apparatus of claim 21, including the graphic enhancing module.
Sato fails to specifically show the graphic enhancing module is configured to adjust an intensive of the graphic enhancement in response to exertion according to a sigmoidal curve.
However, Super Baked Potato, from the same field of endeavor, teaches an intensive of the graphic enhancement (see video from 9:30-10:20; The first screenshot above in claim 31 circles the particles that are moving slowly in response to a slow movement by the user in the video, whereas the second screenshot in claim 31, beneath the first screenshot, circles the particles that move quickly in response to a faster movement by the user, thereby teaching the zoom particle effect of the claimed invention ).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the software program on the processor of Sato to also incorporate the small moving points seen in Super Baked Potato in order to further enhance the overall virtual reality experience, and consequently the workout of the user. Both Sato and Super Baked Potato adjust graphics based on the movement of a user with an exercise machine, making this modification obvious. Furthermore, in light of the functional language of the claim, the modified software program on the processor of Sato teaches the graphic enhancing module being configured to adjust an intensive of the graphic enhancement in response to exertion according to a sigmoidal curve. The specification of the claimed invention discloses in paragraph 0113, “For example, the graphic enhancing modules 808, 1010 of systems 800, 1000, respectively, can adjust the intensity of the motion perception amplification (e.g., effects of viewport fraction and/or zoom particle effects) in response to exertion according to a sigmoidal curve, such that the rate of change is more drastic within a target exertion range, making the ramp up to a target exertion threshold more gratifying and any decline below that threshold more pronounced”. Therefore, the modified software program on the processor of Sato is capable of being programed to account for this adjustment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J NICOLE LOBERIZA whose telephone number is (571)272-4741. The examiner can normally be reached 8am - 5:30pm.
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.
/JACQUELINE N L LOBERIZA/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784