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 4, 8, 9, and 16-20 have been canceled.
Claims 1-3, 5-7, and 10-15 have been examined.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
Claims 1-3, 5-7, 10-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nayak (US Patent Application Publication 2025/088851) in view of Peal et al (US Patent 11,779,793).
1. Nayak discloses a muscle exercise device comprising:
a device body (102);
at least one drive motor (612) installed inside the device body and configured to provide an exercise load;
a cable (202) configured to be pulled out of the device body to transfer the exercise load of the drive motor outside of the device body;
a sensor (encoders: 2006,2010) configured to detect a withdrawal position of the cable (Par. 0107); and
a controller configured to control the drive motor so that the exercise load of the drive motor is reduced when the sensor detects that the withdrawal position of the cable has entered a preset safety range (Par. 0108);
a data storage configured to store a plurality of exercise types and a plurality of possible safety ranges for the exercise types (Par. 0109) and a plurality of exercise ranges for the plurality of exercise types (“Range of motion for a specific exercise” Par. 0107, 0115, 0133, 0141), and
a user input part to receive an input selecting one of the plurality of exercise types (Par. 0141),
wherein when an exercise discontinuance condition is satisfied based on the withdrawal position detected by the sensor entering the second range while the muscle exercise device operates according to the second exercise type, the controller controls the at least one drive motor so that the load of the drive motor is reduced (Par. 0109; Fig 26), and
wherein when the withdrawal position detected by the sensor is maintained for at least a preset period within the second safety range when the muscle exercise device operates according to the second exercise type, the controller determines that the exercise discontinuance condition is satisfied (Par. 0109; Fig 26).
However, Nayak does not explicitly disclose wherein the plurality of exercise types comprise a second exercise type in which a second safety range of the plurality of possible safety ranges is located within a second exercise range of the plurality of exercise ranges and.
Peal et al disclose a similar exercise device having a digital resistance wherein the first time a user performs a given movement/exercise, a start position, an end position, and stride length, the end position minus the start position, may be recorded and wherein “the user's readiness is indicated by the user holding the actuator still for a threshold amount of time. That is, the user signals to the exercise machine that they are ready by holding the actuator still (e.g., with zero or near-zero cable velocity) for a certain amount of time. In response to detecting this cable behavior, the exercise machine then determines that the user is ready to perform exercise” (Col 22, Lines 34-44). Further, Peal et al teach that if the resistance doesn't move after a certain amount of time threshold (say 10 seconds), the set is declared to be over” (Col 8) and “If the user stops completely, the torque on the motor is dropped to a minimum value quickly” (Col 18, Lines 1-2). 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 controller function of Nayak to indicate that the exercise is complete if the resistance does not move/ is not engaged after a certain amount of time as taught by Peal et al to indicate that the exercise is complete and the tension caused by the resistance can be return to a nominal level.
2. Nayak discloses the muscle exercise device of claim 1, wherein the controller controls the drive motor so that the exercise load of the drive motor is maintained at a target load (2104) before the withdrawal position of the cable enters the safety range.
3. Nayak discloses the muscle exercise device of claim 2, wherein the controller controls the drive motor so that the drive motor sequentially provides a basic load that is less than the target load, increases the load from the basic load to the target load, and reduces the load from the target load to the basic load when the withdrawal position has entered the safety range (Fig 21A; Par. 0108).
5. Nayak discloses the muscle exercise device of claim 4, wherein
a plurality of exercise ranges for the plurality of exercise types are stored in the data storage (Par. 0109), and
the plurality of exercise types comprise:
a first exercise type in which a first safety range of the plurality of possible safety ranges is located under a first exercise range of the plurality of exercise ranges based on a withdrawal direction of the cable (Par. 0109), and
a second exercise type in which a second safety range of the plurality of possible safety ranges is located within a second exercise range of the plurality of exercise ranges (Par. 0109: Nayak discloses that start points are specified for a plurality of different exercises/users).
6. Nayak discloses the muscle exercise device of claim 5, wherein when the withdrawal position detected by the sensor has entered the first safety range while the muscle exercise device operates according to the first exercise type, the controller controls the drive motor so that the load of the drive motor is reduced (Fig 26).
7. Nayak discloses the muscle exercise device of claim 6, wherein the first safety range for the first exercise type is between an initial position of the cable (Fig 2A) and an upper limit position (“start point”) according to the first exercise type.
10. Nayak discloses the muscle exercise device of claim 2, wherein when an exercise preparation condition is satisfied during an initial operation of the at least one drive motor, the controller controls the at least one drive motor so that the load of the at least one drive motor reaches the target load (Fig 26).
11. Nayak discloses the muscle exercise device of claim 10, wherein when the withdrawal position detected by the sensor is outside the safety range, the controller determines that the exercise preparation condition is satisfied (Fig 26).
12. Nayak discloses the muscle exercise device of claim 11, wherein the safety range is set between an initial position of the cable and an upper limit position that is set according to an exercise type to be performed by a user (Par. 109).
13. Nayak discloses the muscle exercise device of claim 1, wherein the sensor comprises an encoder (2006, 2010) installed inside the device body and configured to detect a rotation of the at least one drive motor, the sensor detecting the withdrawal position of the cable based on the rotation of the at least one drive motor detected by the encoder (Par. 0095).
15. Nayak discloses the muscle exercise device of claim 1, wherein the safety range is changeable according to a user's setting (Par. 140).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Nayak in view of Peal et al as applied to Claims 1-3, 5-7, 10-13, and 15, and further in view of Neuhaus et al (US Patent Application Publication 2022/0062738).
14. Nayak in view of Peal et al disclose the muscle exercise device significantly as claimed, but does not disclose wherein the cable has recognition marks marked at preset intervals, and the sensor detects the withdrawal position of the cable based on counting a number of the recognition marks that has passed the sensor while the cable is withdrawn.
Neuhaus et al disclose a similar exercising device having a cable (tether) attached to a motor controlled resistance system (Fig 1) and an end effector (104) which the user engages to perform a number of selected strength training exercises, wherein the control system of the device further comprises linear positional transducers for determining a length of tether released from the system (Par. 0066). 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 encoders of Nayak in view of Peal et al to include the linear positional transducers as taught by Neuhaus et al for a more accurate measurement of the position of the end effector based on the amount of cable released.
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.
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.
/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 6/17/2026
Prosecution Insights