DETAILED ACTION
This is the first Office Action on the merits based on the 18/721,058 application filed on 06/17/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-17, as originally filed, are currently pending and considered below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/08/2024 was filed. 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 Objections
Claims 1-15 are objected to because of the following informalities:
In Claims 1-15, the structures should remove the annotations after the structures ex. “supporting frame (1)” should be ---supporting frame---
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3 recites the limitation “external influence” in line 3. The limitation renders the claim indefinite because it is unclear what the external influence is particularly that affects the torques of the shafts. Is the external influence made by the user or a structural mechanism?
Claim 12 recites the limitation "the elements" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-9 and 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over Day (US Patent Pub. No. 2006/094569; FD: 05/04/2006) in view of Solodovnik (US Patent Pub. No. 2018/0221705; PCT FD: 12/21/2016).
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Regarding claim 1, Day discloses a training machine (Exercise machine 150; Figure 4B) for a simultaneous training of a human shoulder girdle and pelvic girdle and trunk muscles, the training machine comprising: a supporting frame (i.e., the bicycle frame seen above in Figure 4b) with a hand load module (Associated brake mechanism 156; Figure 4B) and a leg load module (Brake drum 131 and brake mechanisms 128, 130; Figure 4B) arranged thereon, , wherein each load unit is kinematically coupled to a respective shaft (i.e., the central shaft of each drum 156 and 131) of hand (Hand cranks 154 and 152; Figure 4B) and leg (Leg cranks 122 and 124; Figure 4B) pedals that are arranged on both sides of the respective frame and configured to perform a synchronous or asynchronous rotary movement in parallel to a longitudinal vertical symmetry plane of the frame (i.e., the rotary movement of the pedals can be both synchronous and asynchronous in the vertical plane of the frame as described in Para. [0044] and [0046]), wherein the training machine further comprises a respective rotational speed measurement means (Crank rotation signals of the sensors 144 and 158; Figure 3; Para. [0048] “As mentioned above, preferably at least one sensor such as the sensors 36, 144, 158 is arranged to detect the direction in which each crank 120, 122, 152, 154, etc. is moving. For example, a scanner and various patterns of optical scanner reticle markings on a rotor or crankshaft, or an optical Doppler effect sensor such as is well known for use in an optical mouse for a computer, may be utilized to detect direction of crank movement.”; Para. [0057] “The controller 140 would be programmed to utilize the crank position sensor signals to determine the instantaneous position of each of the cranks 120, 122, and to calculate crank speed, crank acceleration, simulated bicycle speed, and simulated distance traveled along a programmed simulated course, taking into account the number of crank rotations and a simulated chainring and cog combination selected by the user during a workout on the exercise machine 120.”) for each of the shafts of the pedals, the respective measurement means being arranged in each load module (Para. [0052]), respectively, and a control unit (Controller 140’; Figure 4B; Para. [0054]) in communication with the measurement means, the control unit being configured to determine a difference between rotational speeds of the shafts of the hand and leg pedals (i.e., the control unit 140’ uses the crank position sensors 144, 158 to determine the rotational speeds of each of the shafts of the load units allowing the system to identify the difference between the two shafts; Para. [0057] “The controller 140 would be programmed to utilize the crank position sensor signals to determine the instantaneous position of each of the cranks 120, 122, and to calculate crank speed, crank acceleration, simulated bicycle speed, and simulated distance traveled along a programmed simulated course, taking into account the number of crank rotations and a simulated chainring and cog combination selected by the user during a workout on the exercise machine 120.”), to generate an additional load thereon via respective load units, the load being proportional to a value of the difference between the rotational speeds of the pedals in one of the load modules, the load being generated where the rotational speed of the shaft of the pedals is greater, and to reduce the additional load in case of reduction of the difference between the rotational speeds of the shafts (i.e., the control system 140’ is capable of applying resistive loads at a distinct value to each crank allowing for a certain load at each crank at a difference and the control system is capable of adjusting the load based on a reduction of speed; Para. [0046] “Each brake mechanism 156 has an associated electrically controllable actuating mechanism 162 by which the respective brake mechanism 156 can separately be controlled precisely and quickly so that a desired amount of resistance to the rotation of each hand crank 152, 154 can be provided at the desired angular position of each hand crank 152 and 154. The sensors and brake control mechanisms associated with the hand cranks 152 and 154 are electrically connected with the controller 140' and display module 142'.”; Para. [0047] “The controller 40, 140, or 140' may include a suitably programmed digital microprocessor, associated memory, data-input devices, data-output devices, and output signal devices arranged to control motors 50, 52, 136, 138, etc. arranged to operate the brake mechanisms mechanically, or to control equivalent components to operate a brake mechanism of a different sort, such as one in which fluid viscosity is electrically controlled to provide resistance as desired, or in which an electric eddy current brake is utilized with a flywheel rotated at a multiple of the rotation speed of the crank 122 or 124…”; Para. [0053] “Preferably, the controller 140 and brake operating servo motors 138, 138, etc., actuate the brake mechanisms so as to provide resistance to crank movement that varies at a desired rate and to a desired value. That is, the brake mechanisms are preferably controlled so as to increase and decrease resistance to rotation of the respective cranks gradually enough so that a user of the exercise machine 60, 90, or 120 is not injured by excessively sudden application or release of a brake, yet so as to be applied or released rapidly enough to provide the appropriate crank "feel" as desired for the specific application.”).
Day does not disclose each of the load modules comprising a respective housing in which a load unit is arranged.
Solodovnik teaches an analogous training machine comprising of two load modules (Arm and leg units 2 and 3; Figure 1) having a respective housing (Housing 12 and housing 25; Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the load modules of Day to have the housings of Solodovnik in order to have a protective casing around each load unit to provide protection for the internal structures of the training machine.
Regarding claim 2, Day in view of Solodovnik teaches the optical sensors are used as the rotational speed measurement means (i.e., the optical scanner reticle markings and optical sensors may be used to detect rotational speed; Para. [0038], [0048] of Day).
Regarding claim 3, Day in view of Solodovnik teaches the rotational speed of the pedals is changed by changing rotation torques of the shafts via an external influence (i.e., the rotational speeds of the pedals are changed by way of the brake mechanisms 128 and 129; Paragraph [0035], [0044] of Day).
Regarding claim 4, Day in view of Solodovnik teaches the additional load is generated by changing a magnitude of a current in a corresponding load unit configured as electromagnetic (i.e., the controller controls the electronic signals to operate each brake mechanism/load unit; Para. [0047] of Day).
Regarding claim 5, Day in view of Solodovnik teaches a visual display device (Display module 142; Figure 4b of Day) that is coupled to the control unit and configured to display movement parameters of the pedals (Para. [0044] “A display module 142 is preferably associated with the controller 140 to provide desired indications relating to the performance of a person utilizing the exercise machine 120. At least one sensor 144, comparable to the sensors 106 and 108 used in the subassembly 90, is also electrically interconnected with the controller 140 to provide frequent indications of the angular position of each crank 122 or 124, as previously described with respect to the sensor 36 utilized with the apparatus 10 described above.”; Para. [0047] of Day).
Regarding claim 6, Day in view of Solodovnik teaches the pedals are configured to perform a rotational movement along an elliptical or a circular path (i.e., the drums of the hand and leg pedals allow for a circular movement as seen in Figure 4b of Day above).
Regarding claim 7, Day in view of Solodovnik teaches the supporting frame is adjustable in height (i.e., the height of the frame can be adjusted using altitude adjustment motors 148f and 148r; Para. [0058] of Day).
Regarding claim 8, Day discloses a training machine (Exercise machine 150; Figure 4B) for a simultaneous training of a human shoulder girdle and pelvic girdle and trunk muscles, the training machine comprising a supporting frame (i.e., the bicycle frame seen above in Figure 4b) with a hand load module (Associated brake mechanism 156; Figure 4B) and a leg load module (Brake drum 131 and brake mechanisms 128, 130; Figure 4B) arranged thereon, wherein each load unit is kinematically coupled to a respective shaft (.e., the central shaft of each drum 156 and 131) of hand (Hand cranks 154 and 152; Figure 4B) and leg pedals (Leg cranks 122 and 124; Figure 4B) and configured to perform a synchronous or asynchronous rotary movement in parallel to a longitudinal vertical symmetry plane of the frame (i.e., the rotary movement of the pedals can be both synchronous and asynchronous in the vertical plane of the frame and housings as described in Para. [0044] and [0046]), wherein the training machine further comprises a respective rotational speed measurement means (Crank rotation signals of the sensors 144 and 158; Figure 3; Para. [0048] “As mentioned above, preferably at least one sensor such as the sensors 36, 144, 158 is arranged to detect the direction in which each crank 120, 122, 152, 154, etc. is moving. For example, a scanner and various patterns of optical scanner reticle markings on a rotor or crankshaft, or an optical Doppler effect sensor such as is well known for use in an optical mouse for a computer, may be utilized to detect direction of crank movement.”; Para. [0057] “The controller 140 would be programmed to utilize the crank position sensor signals to determine the instantaneous position of each of the cranks 120, 122, and to calculate crank speed, crank acceleration, simulated bicycle speed, and simulated distance traveled along a programmed simulated course, taking into account the number of crank rotations and a simulated chainring and cog combination selected by the user during a workout on the exercise machine 120.”) for each of the shafts of the pedals and electric motors (Motors 136, 138, and 162; Figure 4b) are arranged in each load module (Para. [0052]), respectively, wherein the electric motors are kinematically coupled to the respective shafts of the pedals (i.e., the electric motors are coupled to the shafts by way of the brake mechanisms 128, 129, and 156), and a control unit (Controller 140’; Figure 4B; Para. [0054]) in communication with the respective rotational speed measurement means for the shafts and with the electric motors, the control unit being configured to determine the rotational speeds of the shafts of the hand and the leg pedals and to drive the electric motors while at the same time generating rotation torques on the shafts of the pedals that are directed against a rotational resistance, wherein the shafts of the pedals are rotatable synchronously or asynchronously (i.e., the control system 140’ is capable of applying resistive loads to each crank allowing for a certain load at each crank; Para. [0046] “Each brake mechanism 156 has an associated electrically controllable actuating mechanism 162 by which the respective brake mechanism 156 can separately be controlled precisely and quickly so that a desired amount of resistance to the rotation of each hand crank 152, 154 can be provided at the desired angular position of each hand crank 152 and 154. The sensors and brake control mechanisms associated with the hand cranks 152 and 154 are electrically connected with the controller 140' and display module 142'.”; Para. [0047] “The controller 40, 140, or 140' may include a suitably programmed digital microprocessor, associated memory, data-input devices, data-output devices, and output signal devices arranged to control motors 50, 52, 136, 138, etc. arranged to operate the brake mechanisms mechanically, or to control equivalent components to operate a brake mechanism of a different sort, such as one in which fluid viscosity is electrically controlled to provide resistance as desired, or in which an electric eddy current brake is utilized with a flywheel rotated at a multiple of the rotation speed of the crank 122 or 124…”; Para. [0053] “Preferably, the controller 140 and brake operating servo motors 138, 138, etc., actuate the brake mechanisms so as to provide resistance to crank movement that varies at a desired rate and to a desired value. That is, the brake mechanisms are preferably controlled so as to increase and decrease resistance to rotation of the respective cranks gradually enough so that a user of the exercise machine 60, 90, or 120 is not injured by excessively sudden application or release of a brake, yet so as to be applied or released rapidly enough to provide the appropriate crank "feel" as desired for the specific application.”).
Day does not disclose each of the load modules comprising a respective housing in which a load unit is arranged.
Solodovnik teaches an analogous training machine comprising of two load modules (Arm and leg units 2 and 3; Figure 1) having a respective housing (Housing 12 and housing 25; Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the load modules of Day to have the housings of Solodovnik in order to have a protective casing around each load unit to provide protection for the internal structures of the training machine.
Regarding claim 9, Day in view of Solodovnik teaches optical sensors are used as the rotational speed measurement means (i.e., the optical scanner reticle markings and optical sensors may be used to detect rotational speed; Para. [0038], [0048] of Day).
Regarding claim 12, Day in view of Solodovnik teaches kinematic couplings of the elements of the load modules are configured as belt drives (i.e., the kinematic couplings of the load modules/break mechanisms 128, 130, and 158 are configured to be belt drives as seen in Figure 4b above).
Regarding claim 13, Day in view of Solodovnik teaches a visual display device (Display module 142; Figure 4b) that is coupled to the control unit and configured to display movement parameters of the pedals (Para. [0044] “A display module 142 is preferably associated with the controller 140 to provide desired indications relating to the performance of a person utilizing the exercise machine 120. At least one sensor 144, comparable to the sensors 106 and 108 used in the subassembly 90, is also electrically interconnected with the controller 140 to provide frequent indications of the angular position of each crank 122 or 124, as previously described with respect to the sensor 36 utilized with the apparatus 10 described above.”; Para. [0047] of Day).
Regarding claim 14, Day in view of Solodovnik teaches the pedals are configured to perform a rotational movement along an elliptical or a circular path (i.e., the drums of the hand and leg pedals allow for a circular movement as seen in Figure 4b of Day above).
Regarding claim 15, Day in view of Solodovnik teaches the supporting frame is adjustable in height (i.e., the height of the frame can be adjusted using altitude adjustment motors 148f and 148r; Para. [0058] of Day).
Regarding claim 16, Day in view of Solodovnik teaches the optical sensors are absolute optical encoders (i.e., the markings provide an exact position of the drum rotation; Para. [0034] “For example, markings such as a suitable optical reticle 37 may be provided in a convenient location on the brake drum 38, so that an electronic optical scanner included in the sensor 36 may be used to detect movement of the brake drum 38 and develop a useful electronic signal indicative of the position.”).
Regarding claim 17, Day in view of Solodovnik teaches the optical sensors are absolute optical encoders (i.e., the markings provide an exact position of the drum rotation; Para. [0034] of Day “For example, markings such as a suitable optical reticle 37 may be provided in a convenient location on the brake drum 38, so that an electronic optical scanner included in the sensor 36 may be used to detect movement of the brake drum 38 and develop a useful electronic signal indicative of the position.”).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Day (US Patent Pub. No. 2006/094569; FD: 05/04/2006) in view of Solodovnik (US Patent Pub. No. 2018/0221705; PCT FD: 12/21/2016) in further view of McBride (US Patent Pub. No. 2017/0105523; FD: 10/14/2015).
Regarding claim 10, Day in view of Solodovnik teaches the training machine (See Figure 4b above).
Day in view of Solodovnik does not teach the training machine is configured to switch off the electric motors if there is no external contact with at least one pedal.
McBride teaches an analogous ergometer (See Figure 1) comprising a control system that is configured to switch off the electric motors if there is no external contact with at least one pedal (i.e., the controls system automatically determines a shut off due to inactivity which in turn means no external contact with the pedals; Para. [0057] “In one embodiment, the exercise device 10 may be powered on by starting the movement of the pedals 28 or by pressing a power on button on the fitness monitor 132. In one embodiment, the exercise device 10 may be powered off by pressing a power off button on the fitness monitor 132 or by stopping the movement of the pedals. In one embodiment, the exercise device 10 may also be configured to automatically shut off after four minutes of inactivity.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system of Day in view of Solodovnik to have the automatic shut off of McBride in order to save energy when the system isn’t being used.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Day (US Patent Pub. No. 2006/094569; FD: 05/04/2006) in view of Solodovnik (US Patent Pub. No. 2018/0221705; PCT FD: 12/21/2016) in further view of Maresh (US Patent No. 5,735,774; FD:07/19/1995).
Regarding claim 11, Day in view of Solodvnik teaches gear motors are used as the electric motors (i.e., the motors 132, 138, 160, and 162 are servo motors that have internal gearboxes; Para. [0047]).
Day in view of Solodvnik does not disclose the gear motors
Maresh teaches an analogous cycling mechanism (See Figure 1) comprising a servo motor (Motor 8; Figure 1) that contains a clutch (Col. 8 Lines 4-7 “Electric motor 136 drives a synchronous shaft supported by first and second synchronous shaft bearings 131 and 134 respectively, and may optionally be installed with an overrunning freewheel clutch, or slip clutch as desired.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the servo motors of Day in view of Solodvnik to have a clutch as taught by Maresh in order to allow the cranks to freewheel backward to this starting position if necessary (Col. 3 Lines 4-8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Notice of References Cited for additional pertinent prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784