DETAILED ACTION
This is the first Office Action on the merits based on the 18/762,134 application filed on 07/02/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-7, 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 10/01/2024 and 07/02/2024 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 Rejections - 35 USC § 102
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 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 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Larose (US Patent Pub. No. 2018/0214730; FD: 08/24/2016).
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Regarding claim 1, Larose discloses a training device (MR actuator 20; Figure 2A), comprising: a cable (Cable 24; Figure 2A) that is paid out in response to movement of a user (Para. [0081] “Referring to FIG. 2A, there is illustrated a general concept of the present disclosure. In the context of a user-applied force F.sub.1, during exercise, a MR actuator 20 featuring a magnetorheological (MR) fluid clutch apparatus 21 may be used to provide some modulation to the user-applied force F.sub.1 by transmitting a force F.sub.MR from a power or torque source 22, in order to boost or lessen the force required to move the grip 10 relative to the input force”); a measurer (Position encoder 23; Figure 2A) to measure a stroke amount of the cable (Para. [0120] “ The system has sensor(s) 23 for providing information indicative of a training action by the user. Any type of sensor 23 may be used, for instance to measure a speed of the force transmission 24 or of any part of the training device, a distance traveled by the force transmission, and/or a tension in the force transmission 24 or on any part of training device.”); a magneto-rheological fluid brake (MR fluid clutch apparatus 21; Figure 2A) to apply a braking force to the cable (i.e., the MR fluid clutch apparatus 24 applies a magnetic braking to the cable/transmission 24; Para. [0081]); and a controller (Trainer processing unit 261; Figure 26) configured or programmed to calculate the stroke amount of the cable based on an output value of the measurer (i.e., the training processing unit 261 determines the stroke amount of the cable as described in Para. [0120] and [0124]) and to control the braking force based on the stroke amount to change a magnitude of a load during the movement (i.e., the training processing unit 261 controls the braking force based on the stroke amount to change an assisted load given to the user as described within Para. [0123] “The training processor unit 261 of the system 260 may therefore include a set of non-transient machine executable instructions to perform a method for assisting a user in strength training, in which information is obtained and is indicative a training action of a user on a force transmission of a strength training device; the training action is characterized from the information; a level of force assistance required to assist the user in the training action is determined from the characterizing; at least one MR fluid clutch apparatus is controlled to transmit force to the force transmission of the training device to exert the force assistance on the force transmission of the training device to assist the user in the training action.”).
Regarding claim 2, Larose discloses the measurer includes a reel (i.e., see annotated Figure 2A above) on which the cable is wound and a rotary encoder (Position encoder 23; Figure 2A; i.e., it is indefinite on if the rotary encoder is the same structure as the measurer as detailed within the instant specification, therefore, the Office takes the position that the rotary encoder is the same structure as the measurer of claim 1) to detect a rotation state of the reel (Para. [0120]); and the reel, the rotary encoder, and the magneto-rheological fluid brake are provided on a same rotating shaft (i.e., the shaft of the power source 22 and MR clutch 21).
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Regarding claim 4, Larose discloses a training system (See Figure 11), comprising a plurality of the training devices (i.e., a plurality of MR actuators 20 can be used for different training system detailed within Figures 3-25; the Office will use the training system of Figure 11 to be interpreted as the chosen training system for claim 4) according to claim 1 spaced apart from each other (i.e., the MR actuators 20 are spaced within the training box 111 and/or the wearable device 110 as seen in Figure 11); wherein the plurality of training devices cooperate to control a direction of the load (i.e., the MR actuators 20 control the direction of the load by influencing F.sub.MR, as seen in Figure 8, for particular joints of a user as described within Para [0092] “Referring to FIG. 11, there is illustrated another general concept of the present disclosure. In this example, a wearable device 110 increases or decreases the force required to move different body parts of the user as the user's body is submitted to a load in a virtual training device. The MR actuators may be located on the wearable device 110 or may be located remotely in an actuation box 111. The MR actuators can share the same power source, in a similar fashion to the arrangement shown in FIG. 8. The F.sub.MR is transmitted to the wearable device 110 using cables or hydraulic tubing 112 in order to reach the force application point or joint. The force on the body parts can be applied using piston or hydraulic muscles 113, only to name a few. Other mechanisms may be used to transmit the F.sub.MR to the body parts.”).
Regarding claim 5, Larose discloses a training system (See Figure 11), comprising: the training device according to claim 1; and a mover (One of the racks 84 for the MR actuators 21; Figure 8 and 11) to move the training device; wherein the controller is configured or programmed to adjust a position of the training device according to a physique of the user and a type of the movement (i.e., the controller configures the movement of the motor 81 to change the position of the rack 84 and the pinion 83 of the MR actuator 21 to control the force according to the physique/joints of a user and the movement of the joints of the user; Para. [0089] “Referring to FIG. 8, a manually-actuated system for multiple input/outputs is generally shown at 80. The manually-actuated system 80 using one power source, motor 81, with a plurality of MR fluid clutch apparatuses 21 mounted to an output shaft 82 receiving the actuation from the motor 81. Each of the MR fluid clutch apparatuses 21 is shown having a pinion 83 meshed to a rack 84, with each rack 84 being part of a manually-actuated system, for example as described in FIG. 1A. FIG. 8 is illustrative of the shared modulation using one single power output to multiple manually-operated systems, and may use other mechanisms for the modulation of the MR fluid clutch apparatus 21, whether it be capstans, pulleys, racks and pinions, chain and sprockets, hydraulics, pneumatics, etc. This configuration would fit particularly well devices in which multiple degrees of modulation are sought for manually-actuated systems.”; Para. [0092] “Referring to FIG. 11, there is illustrated another general concept of the present disclosure. In this example, a wearable device 110 increases or decreases the force required to move different body parts of the user as the user's body is submitted to a load in a virtual training device. The MR actuators may be located on the wearable device 110 or may be located remotely in an actuation box 111. The MR actuators can share the same power source, in a similar fashion to the arrangement shown in FIG. 8. The F.sub.MR is transmitted to the wearable device 110 using cables or hydraulic tubing 112 in order to reach the force application point or joint. The force on the body parts can be applied using piston or hydraulic muscles 113, only to name a few. Other mechanisms may be used to transmit the F.sub.MR to the body parts.”).
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 3 and 6-7 is rejected under 35 U.S.C. 103 as being unpatentable over Larose (US Patent Pub. No. 2018/0214730; FD: 08/24/2016) in view of Lepley (US Patent No. 5,271,416; FD: 03/16/1993).
Regarding claim 3, Larose discloses a cable (Cable 24; Figure 1) and controller system (Trainer processing unit 261; Figure 26) the controller is configured or programmed to control the braking force according to the stroke amount (Para. [0120] “ The system has sensor(s) 23 for providing information indicative of a training action by the user. Any type of sensor 23 may be used, for instance to measure a speed of the force transmission 24 or of any part of the training device, a distance traveled by the force transmission…”).
Larose does not disclose a cable angle detector to detect a cable angle being an angle at which the cable is paid out; wherein the controller is configured or programmed to control the braking force according the cable angle.
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Lepley teaches an analogous cable machine (See Figure 5 above) comprising a cable (Cable 52; Figure 5), a cable angle detector (First angle sensor 69; Figure 8) to detect a cable angle being an angle at which the cable is paid out (i.e., the cable 52 is detected by the sensors 68 to determine the angle of the cable; Col. 8 Lines 5-10 “The invention also includes a first cable angle sensor 68 (FIGS. 7-9), rotatably mounted to the lifting station 200. The first sensor 68 includes a housing 70. Preferably, the housing 70 is mounted to the cable guide assembly 56 such that the axis of the housing 70 is coincident with the point at which the cable 52 exits the rollers 57.”); wherein the controller is configured or programmed to control the braking force according to the stroke amount and the cable angle (i.e., the computer system 300 adjusts braking force based on sensor data provided by the angle sensor 68; Col. 9 Lines 14-17 “The computing station 300 additionally includes a monitor 306, a keyboard 308, and a printer 310, each being electrically attached to the processing unit 302. The force sensors 36, brakes 108, first angle sensor 68, second angle sensor 69, and axle rotation sensor 105 are electrically connected to the computing station 300 via a cable 330.”; Col. 9 Lines 53-56 “Accordingly, the computing station 300 then passes the appropriate instructions to the brake control means (not shown), which adjusts the brake 108 to provide the desired resistance.”).
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 actuation box 111 of Larose to have the pulley and sensor 68 of Lepley in order to have additional data points to provide accurate braking force to the MR system during an exercise movement.
Regarding claim 6, Larose discloses the controller (Trainer processing unit 261; Figure 26).
Larose does not disclose an imager to capture an image of the user; wherein the controller is configured or programmed to measure the physique of the user based on information from the imager.
Lepley teaches an analogous cable machine (See Figure 5 above) comprising an imager (i.e., digital imaging equipment; Col. 9 Lines 27-33) to capture an image of the user; wherein the controller is configured or programmed to measure the physique of the user based on information from the imager (i.e., the camera 410, 412 provide imaging information that captures the user using the training equipment; Col. 9 Lines 27-33 “Supplemental biomechanical modeling information may also be obtained using digital imaging equipment, such as cameras 410 and 412, which are each mounted on tripods 414, and connected to the computing station 300 via cables 416-418. The cameras 410 and 412 are oriented to capture a front view and a side view of the lifting station 200 and a user upon it.”; Col. 11 Lines 3-13 “The invention is also beneficial since it is capable of generating a biomechanical model of the user. Specifically, the sequential encoded video images, the weight distribution data, the map of the location of the handle 58, and the lumbar measurements all provide the computing station 300 with sufficient statistical input for generation of a bio-mechanical model of the user, including the musculoskeletal leverages, forces, and torques experienced by the patient's joints and limbs during the lift. The invention is additionally capable of measuring the patient's strength.”).
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 training system of Larose to have the imager of Lepley in order to provide biomechanical information of the user to the system and the user for proper feedback of the exercise being performed.
Regarding claim 7, Larose discloses the controller (Trainer processing unit 261; Figure 26).
Larose does not disclose an imager to capture an image of the user; wherein the controller is configured or programmed to change the position of the training device during the movement, based on information from the imager.
Lepley teaches an analogous cable machine (See Figure 5 above) comprising an imager (i.e., digital imaging equipment; Col. 9 Lines 27-33) to capture an image of the user; wherein the controller is configured or programmed to change the position of the training device during the movement, based on information from the imager (i.e., the camera 410, 412 provide imaging information that captures the user using the training equipment and provides feedback for a user to evaluate and then alter the control system based on the information to; Col. 9 Lines 27-33 “Supplemental biomechanical modeling information may also be obtained using digital imaging equipment, such as cameras 410 and 412, which are each mounted on tripods 414, and connected to the computing station 300 via cables 416-418. The cameras 410 and 412 are oriented to capture a front view and a side view of the lifting station 200 and a user upon it.”; Col. 11 Lines 3-13 “The invention is also beneficial since it is capable of generating a biomechanical model of the user. Specifically, the sequential encoded video images, the weight distribution data, the map of the location of the handle 58, and the lumbar measurements all provide the computing station 300 with sufficient statistical input for generation of a bio-mechanical model of the user, including the musculoskeletal leverages, forces, and torques experienced by the patient's joints and limbs during the lift. The invention is additionally capable of measuring the patient's strength.”).
The Office notes that the pinion position of Larose dictates the braking force of the system therefore the imaging system of Lepley can be used to dictate the position of the pinion of the training device during the movement of the of the user.
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 training system of Larose to have the imager of Lepley in order to accurately control the load of each joint of the user at a specific load during an exercise movement.
Conclusion
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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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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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784