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 .
Claims 1-18 have been examined.
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 details of the microphone (Claim 11) and camera (Claim 12) incorporation into the system and details to the elector-mechanical/pneumatic/hydraulic actuators (Claims 16-18) must be shown or the feature(s) canceled from the claim(s). 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 § 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.
Claims 1, 2, 4-8, and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Capizzo (US Patent Application Publication 2003/0114277).
1. Capizzo disclose a system for weightlifting, comprising:
at least two support structures (1,2; Figs 3-4), each support structure comprising:
a center post (14);
a rail (15) slidable within the center post, the rail comprising a cradle (6,7); and
a linear actuator (13) coupled at a first end to the center post and coupled at a second end to the rail (Fig 3);
a user input device (foot pedal; Fig 5) configured to generate a signal to the control module based on a user interaction; and
a control module (3) communicatively coupled to the linear actuator of each of the at least two support structures and configured to synchronize control of the linear actuators based on the signal (Par. 0029).
2. Capizzo disclose the system of claim 1, wherein the user input device is coupled by one or more wires (73) to the control module.
4. Capizzo disclose the system of claim 1, wherein the signal indicates a speed (Par. 0029).
5. Capizzo disclose the system of claim 1, wherein the signal indicates a linear direction (Par. 0029).
6. Capizzo disclose the system of claim 1, wherein the signal indicates a position (Par. 0029).
7. Capizzo disclose the system of claim 1, wherein the user input device includes at least one switch (58) coupled to the control module.
8. Capizzo disclose the system of claim 7, wherein the at least one switch includes at least one of a pressure switch (Contact switch) , a toggle switch, and a rocker switch.
14. Capizzo disclose the system of claim 1, wherein the center posts of the at least two support structures are coupled to a base (Par. 0026: 10; floor).
15. Capizzo disclose the system of claim 1, wherein each center post of the at least two support structures is coupled to a respective base (10).
16. Capizzo disclose the system of claim 1, wherein the linear actuator includes an electro-mechanical actuator (Par. 0026: “The linear motion actuator can be chosen from the field of electric, hydraulic, pneumatic or other type of powered linear motion actuator”).
17. Capizzo disclose the system of claim 1, wherein the linear actuator includes a pneumatic actuator (Par. 0026: “The linear motion actuator can be chosen from the field of electric, hydraulic, pneumatic or other type of powered linear motion actuator”).
18. Capizzo disclose the system of claim 1, wherein the linear actuator includes a hydraulic actuator (Par. 0026: “The linear motion actuator can be chosen from the field of electric, hydraulic, pneumatic or other type of powered linear motion actuator”).
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 3 and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Capizzo in view of De las Casas Zolezzi et al (US Patent Application Publication 2021/0077884).
As to Claims 3 and 9, Capizzo discloses the system significantly as claimed, including a control/ user input device including at least one switch, but does not disclose wherein the user input device is coupled wirelessly to the control module.
De las Casas Zolezzi et al disclose a similar exercise machine having a spotting system having a user input device which can be coupled to a controller via a wired or wireless connection (Par. 0090) which delivers inputted information or sensed information to the controller. Therefore, De las Casas Zolezzi shows that wireless and wired connections are equivalent structures well known in the art and it has been held that inasmuch as references disclose elements as art recognized equivalents, it would have been obvious to one of ordinary skill in the exercise art to substitute one for the other. In re Fout, 675 F.2d 297, 301, 213 USPQ 532, 536 (CCPA 1982). Therefore, because these two types of connections were art-recognized equivalents at the time the invention was made, 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 wired connection of Capizzo to be a wireless connection as taught by De las Casas Zolezzi et al to reduce the physical components of the system and increase the functionality thereof.
As to Claims 10 and 13, Capizzo discloses the system significantly as claimed including a user input device, but does not disclose wherein the user input device includes a user interface having an application comprising computer instructions stored in memory associated with a user device.
De las Casas Zolezzi et al disclose a similar exercise machine having a spotting system having a user input device with a user interface such as a smartphone or tablet configured to run interactive applications (Par. 0090) to allow a user to input exercise settings to the controller having a memory that when executed cause a desired performance of the system (Par. 210). 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 user input device to include a user interface comprising computer instructions stored in memory to execute a desired, customized functionality of the system while in use.
As to Claims 11-12, Capizzo discloses the system significantly as claimed but does not disclose, wherein the user input device includes a microphone or camera that communicates sensed information to the application.
De las Casas Zolezzi et al disclose a similar exercise machine having a spotting system having a user input device as well as secondary sensors which can be coupled to a controller which delivers inputted information or sensed information to the controller via image sensors and cameras (Par. 0090) as well as voice commands via a microphone (Par. 0089). 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 user input device of Capizzo to include microphones and cameras to expand the functionality of the system through selectable inputs and interfaces.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baek et al, Rullestad et al, Park et al, and Rodriguez all disclose similar exercise machines having spotting systems designed to be activated in response to a potentially hazardous situation while a user is executing an exercise.
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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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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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 12/5/2025