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 .
Response to Arguments
Applicant’s arguments filed October 31st, 2025, with respect to the 101 rejection have been fully considered and are persuasive. The 101 rejections of claims 1-15 has been withdrawn.
However, applicant's arguments filed October 31st, 2025 and directed to prior art based rejections have also been fully considered but they are not persuasive.
Applicant’s arguments on pages 12-13 of the remarks amount to a general allegation that the prior art cited in the previous office action do not teach the limitations newly added to claims 1, 10, and 15. As shown below the Office maintains that Albert does indeed disclose all the newly added limitations. Specific citations and mappings are provided below for the various newly added limitations. The applicant has not specifically noted in what ways Albert does not disclose the newly added limitations.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “grouping unit”, “exercise sequency generating unit” in claims 1, 10, and 15 and “communication unit” in claim 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1, 3-5, 9-12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Albert (US 2004/0229729).
With respect to claim 1, Albert discloses, an apparatus (para. 12) for providing an exercise sequence (i.e. fig. 1), the apparatus comprising:
a grouping unit for grouping exercise equipment in a smart gym into a plurality of exercise groups (36 in fig. 1; para. 85; also note the grouping in fig. 8 that details how the exercise equipment is grouped by equipment type and exercise type; finally note fig. 9, which labels various groups of exercise, “chest”, “shoulders”, “legs”); and
an exercise sequence generating unit for selecting at least one piece of exercise equipment belonging to each of the plurality of exercise groups (fig. 9 details a workout selections for chest, shoulders, legs), and generating an exercise sequence including a use order of the at least one piece of exercise equipment (para. 50; figs. 1, and 5, detail the method of generating the exercise sequence displayed in fig. 9) and an exercise program for each of the at least one piece of exercise equipment (fig. 9 details a specific exercise program for the user),
wherein the exercise sequence generating unit generates the exercise sequence to balance a user's physical development status by increasing a use frequency of selecting exercise equipment related to muscles for which a PMWindividual is less than a PMWestimate (paras. 46 and 61, the PMWindividual in Albert is seen as the current repetition or weight amount, and PMWestimate is the selected new repetition or weight amount), from each of the plurality of exercise groups for exercise target muscles (para. 61 and fig. 6; “[t]he present system adapts to the user and increases or decreases the difficulty of workouts as the user's strength and fitness increase. Thus, if a given workout is too easy for the user, the system will take this into account and increase the resistance used for similar exercises in subsequent workouts.”), and
wherein the PMWestimate indicates an estimated value of user's personal maximum strength PMW based on an estimated muscle strength value calculated based on user data (para. 61 states user data, repetitions completed in Albert, is used to determine when a user is ready to progress to a new repetition or weight amount), and the PMWindividual indicates a personal maximum strength reflecting an objectification index (para. 61 details a “counter or running score” which is seen equivalent to applicant’s objectification index) for each user (para. 61 details this is unique to each user) obtained for a preset period (para. 64 details periodically reevaluating and setting new baseline weights as well) in which each user exercises based on an initial target weight of exercise equipment set using a PMWestimate value (para. 61-64), and
wherein the apparatus is configured to transmit the exercise sequence to the exercise equipment or a user terminal to be displayed thorough an exercise program installed on the exercise equipment or the user terminal (fig. 9; para. 9 detail a display device to display workout instructions through an exercise program).
With respect to claim 3, Albert discloses, the apparatus of claim 1 (see above), wherein the grouping unit performs grouping based on body parts (para. 46; also note fig. 9 and its grouping of chest, shoulders, legs).
With respect to claim 4, Albert discloses, the apparatus of claim 1 (see above), wherein the exercise sequence generating unit selects the at least one piece of exercise equipment (para. 45 details automatic generation of exercise sequences based on a user’s physical condition), based on a user's physical condition, and analyzes the user's physical condition by the user’s personal maximum strength PMW (fig. 1 details determining the user’s “overall fitness level”) or maximum oxygen intake (VO2Max) (28 in fig. 3b details recording the user’s VO2Max).
With respect to claim 5, Albert discloses, the apparatus of claim 4 (see above), wherein the exercise sequence generating unit generates the exercise program by setting an intensity of exercise performed for each exercise equipment belonging to the plurality of exercise groups (intensity is shown in suggested weight and repetitions in fig. 9), based on the user's physical condition (para. 61 details adapting the intensity to the user’s strength and fitness level), and sets the exercise intensity, based on exercise load and number of repetitions (para. 61 details adjusting repetitions and exercise load).
With respect to claim 9, Albert discloses, the apparatus of claim 1 (see above), wherein the exercise sequence generating unit generates a next exercise sequence by reflecting performance results of a user performing the exercise sequence in a preset time unit (para. 61 details adapting the intensity to the user’s strength and fitness level).
With respect to claim 10, Albert discloses, a method of providing an exercise sequence (fig. 1 and 5), the method comprising:
grouping, by a grouping unit, exercise equipment in a smart gym into a plurality of exercise groups (36 in fig. 1; para. 85; also note the grouping in fig. 8 that details how the exercise equipment is grouped by equipment type and exercise type; finally note fig. 9, which labels various groups of exercise, “chest”, “shoulders”, “legs”); and
by an exercise sequence generating unit, selecting at least one piece of exercise equipment belonging to each of the plurality of exercise groups (fig. 9 details a workout selections for chest, shoulders, legs) and generating an exercise sequence including a use order of the at least one piece of exercise equipment (para. 50; figs. 1, and 5, detail the method of generating the exercise sequence displayed in fig. 9) and an exercise program for each of the at least one piece of exercise equipment (fig. 9 details a specific exercise program for the user); and
transmitting the exercise sequence to the exercise equipment or a user terminal to be displayed thorough an exercise program installed on the exercise equipment or the user terminal (fig. 9; para. 9 detail a display device to display workout instructions through an exercise program).
wherein the exercise sequence generating unit generates the exercise sequence to balance a user's physical development status by increasing a use frequency of selecting exercise equipment related to muscles for which a PMWindividual is less than a PMWestimate (paras. 46 and 61, the PMWindividual in Albert is seen as the current repetition or weight amount, and PMWestimate is the selected new repetition or weight amount), from each of the plurality of exercise groups for exercise target muscles (para. 61 and fig. 6; “[t]he present system adapts to the user and increases or decreases the difficulty of workouts as the user's strength and fitness increase. Thus, if a given workout is too easy for the user, the system will take this into account and increase the resistance used for similar exercises in subsequent workouts.”), and
wherein the PMWestimate indicates an estimated value of user's personal maximum strength PMW based on an estimated muscle strength value calculated based on user data (para. 61 states user data, repetitions completed in Albert, is used to determine when a user is ready to progress to a new repetition or weight amount), and the PMWindividual indicates a personal maximum strength reflecting an objectification index (para. 61 details a “counter or running score” which is seen equivalent to applicant’s objectification index) for each user (para. 61 details this is unique to each user) obtained for a preset period (para. 64 details periodically reevaluating and setting new baseline weights as well) in which each user exercises based on an initial target weight of exercise equipment set using a PMWestimate value (para. 61-64).
With respect to claim 11, Albert discloses, the method of claim 10 (see above), wherein the exercise sequence generating unit selects the at least one piece of exercise equipment (para. 45 details automatic generation of exercise sequences based on a user’s physical condition), based on a user's physical condition, and analyzes the user's physical condition by the user’s personal maximum strength PMW (fig. 1 details determining the user’s “overall fitness level”) or maximum oxygen intake (VO2Max) (28 in fig. 3b details recording the user’s VO2Max).
With respect to claim 12, Albert discloses, the method of claim 4 (see above), wherein the exercise sequence generating unit generates the exercise program by setting an intensity of exercise performed for each exercise equipment belonging to the plurality of exercise groups (intensity is shown in suggested weight and repetitions in fig. 9), based on the user's physical condition (para. 61 details adapting the intensity to the user’s strength and fitness level), and sets the exercise intensity, based on exercise load and number of repetitions (para. 61 details adjusting repetitions and exercise load).
With respect to claim 15, Albert discloses, a non-transitory computer-readable recording medium, storing instructions that cause a computing device (para. 12; claim 28) to perform a method of providing an exercise sequence, the method comprising:
grouping, by a grouping unit, exercise equipment in a smart gym into a plurality of exercise groups (36 in fig. 1; para. 85; also note the grouping in fig. 8 that details how the exercise equipment is grouped by equipment type and exercise type; finally note fig. 9, which labels various groups of exercise, “chest”, “shoulders”, “legs”);
by an exercise sequence generating unit, selecting at least one piece of exercise equipment belonging to each of the plurality of exercise groups (fig. 9 details a workout selections for chest, shoulders, legs) and generating an exercise sequence including a use order of the at least one piece of exercise equipment (para. 50; figs. 1, and 5, detail the method of generating the exercise sequence displayed in fig. 9) and an exercise program for each of the at least one piece of exercise equipment (fig. 9 details a specific exercise program for the user); and
transmitting the exercise sequence to the exercise equipment or a user terminal to be displayed thorough an exercise program installed on the exercise equipment or the user terminal (fig. 9; para. 9 detail a display device to display workout instructions through an exercise program).
wherein the exercise sequence generating unit generates the exercise sequence to balance a user's physical development status by increasing a use frequency of selecting exercise equipment related to muscles for which a PMWindividual is less than a PMWestimate (paras. 46 and 61, the PMWindividual in Albert is seen as the current repetition or weight amount, and PMWestimate is the selected new repetition or weight amount), from each of the plurality of exercise groups for exercise target muscles (para. 61 and fig. 6; “[t]he present system adapts to the user and increases or decreases the difficulty of workouts as the user's strength and fitness increase. Thus, if a given workout is too easy for the user, the system will take this into account and increase the resistance used for similar exercises in subsequent workouts.”), and
wherein the PMWestimate indicates an estimated value of user's personal maximum strength PMW based on an estimated muscle strength value calculated based on user data (para. 61 states user data, repetitions completed in Albert, is used to determine when a user is ready to progress to a new repetition or weight amount), and the PMWindividual indicates a personal maximum strength reflecting an objectification index (para. 61 details a “counter or running score” which is seen equivalent to applicant’s objectification index) for each user (para. 61 details this is unique to each user) obtained for a preset period (para. 64 details periodically reevaluating and setting new baseline weights as well) in which each user exercises based on an initial target weight of exercise equipment set using a PMWestimate value (para. 61-64).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albert (US 2004/0229729) in view of Chung (US 2008/0102023).
With respect to claim 2, Albert discloses, the apparatus of claim 1 (see above), wherein the grouping unit performs grouping based on exercise target muscles (fig. 9 details chest, shoulder, legs and their associated muscles).
Albert does not expressly disclose, grouping based on joint movement or a number of joints used during exercise for each exercise target muscle.
Chung details categorizing exercises based on the joints exercised and the associated muscles (para. 49).
Chung and Albert are from the same field of endeavor namely exercise sequence generation.
At the time of filing it would have been obvious to one of ordinary skill in the art to have applied Chung’s joint categorization in the exercise machine categorization of Albert. The combination would have been predictable and resulted in additional categorizations to allow users’ to tailor their exercise based on specific joints for example rehabilitation purposes.
Claim(s) 6-8 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albert (US 2004/0229729) in view of Von Prellwitz (US 2018/0001181).
With respect to claim 6, Albert discloses, the apparatus of claim 1 (see above).
Albert discloses, targeting different set of muscle groups throughout a week and during different workouts (para. 46).
Albert does not expressly disclose, wherein the exercise sequence generating unit generates at least one exercise sequence in a preset time unit so that muscles of the user's entire body are developed evenly.
Von Prellwitz discloses, wherein the exercise sequence generating unit generates at least one exercise sequence in a preset time unit so that muscles of the user's entire body are developed evenly (para. 75).
Von Prellwitz and Albert are from the same field of endeavor namely exercise sequence generation.
At the time of filing it would have been obvious to one of ordinary skill in the art to have generate exercise sequences in Albert to ensure that muscles are developed evenly as taught by von Prellwitz. The motivation for doing so would have been to reduce the risk of injury to the user (von Prellwitz; para. 75).
With respect to claim 7, Albert and von Prellwitz disclose, the apparatus of claim 6 (see above).
Albert further discloses, wherein the exercise sequence generating unit generates the exercise program in consideration of the user's exercise fatigue and exercise rest period, when generating the at least one exercise sequence in the preset time unit (para. 38 details taking into consideration a user’s fatigue and rest period in terms of exercising 2, 3, or 4 days a week).
With respect to claim 8, Albert discloses, the apparatus of claim 1 (see above).
Albert does not expressly disclose, a communication unit communicating with each exercise equipment in the smart gym.
Von Prellwitz discloses, a communication unit communicating with each exercise equipment in the smart gym (fig. 10; para. 82).
Von Prellwitz and Albert are from the same field of endeavor namely exercise sequence generation.
At the time of filing it would have been obvious to one of ordinary skill in the art to include communication units, as taught by von Prellwitz, in the exercise equipment of Albert. The motivation for doing so would have been to provide real-time feedback to the user (von Prellwitz; para. 82; and also to allow inputting of workout completion in Albert automatically without user keyed feedback).
With respect to claim 13, Albert discloses, the method of claim 10 (see above).
Albert discloses, targeting different set of muscle groups throughout a week and during different workouts (para. 46).
Albert does not expressly disclose, wherein the exercise sequence generating unit generates at least one exercise sequence in a preset time unit so that muscles of the user's entire body are developed evenly.
Von Prellwitz discloses, wherein the exercise sequence generating unit generates at least one exercise sequence in a preset time unit so that muscles of the user's entire body are developed evenly (para. 75).
Von Prellwitz and Albert are from the same field of endeavor namely exercise sequence generation.
At the time of filing it would have been obvious to one of ordinary skill in the art to have generate exercise sequences in Albert to ensure that muscles are developed evenly as taught by von Prellwitz. The motivation for doing so would have been to reduce the risk of injury to the user (von Prellwitz; para. 75).
With respect to claim 14, Albert and von Prellwitz disclose, the method of claim 13 (see above).
Albert further discloses, wherein the exercise sequence generating unit generates the exercise program in consideration of the user's exercise fatigue and exercise rest period, when generating the at least one exercise sequence in the preset time unit (para. 38 details taking into consideration a user’s fatigue and rest period in terms of exercising 2, 3, or 4 days a week).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ohno – US 2023/0317236 – details determining user fatigue level to generate exercise sequences.
Alessandri – US 5916063 – details customized exercise sequences with a communication from the exercise devices
THIS ACTION IS MADE FINAL. 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.
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/WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625