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 .
Response to Amendment
The following Office Action is in response to the RCE filed 08/04/2026. Claims 1-20 are pending in the application. Claims 1-20 have been examined as set forth below.
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 1-2, 4-6, 13, 15-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Whalen et al. (US 11,517,781 B1, hereinafter referred to as “Whalen ‘781”) in view of Johnson et al. (US 2009/0255531A1) and Macaulay et al. (US 9,370,680 B1).
Regarding claim 1, Whalen ‘781 teaches an exercise and therapeutic device, comprising:
a treadmill (101) comprising a running belt coupled to a treadmill frame (Figs. 1A and 2A);
an offloading system (102) coupled to the treadmill (Fig. 1A) , the offloading system comprising:
an air chamber (300) at least partially surrounding the running belt (Figs. 1A-1B and 3A);
a user seal (302) coupled to the air chamber and configured to receive at least a portion of a body of a user so that in an operating condition, at least a portion of the user is positioned within the air chamber and to substantially seal the air chamber around the user (col. 15 lines 15-18, col. 17 lines 20-25);
a pump (blower 119) operable to inflate the air chamber (col. 9 line 22, col. 22 lines 49-60); and
a user seal frame (124) configured to substantially surround the user seal (col. 21 lines 15-19);
a rear support column (123 towards the back, Figs. 1A-1B and 8) coupled to the user seal frame (Figs. 1A-1B and 8) via a first receptacle (i.e., any one of height adjustment slots 126 of the rear column 123, Figs. 1A-1B and 8); and
a handrail (104) extending upward and forward from proximate the rear support column (Figs. 1A and 8), the handrail coupled to the user seal frame via a second receptacle (i.e., any one of height adjustment slots 126 of front (support column) 123 of the handrail (104) towards the front, Figs. 1A and 8),
wherein a position of the user seal frame is adjustable relative to the running belt (using height adjustment slots 126, Fig. 8, col. 19 line 65 - col. 20 line 25, col. 21 lines 40-60).
Although Whalen ‘781 does not specifically teach the handrail (104) being arranged in front of (proximate) the rear support column (123), Whalen ‘781, in col. 20 lines 11-19, teaches that the height adjustment posts/rear and front support columns (123) may be located on top of (as shown in regards to the front height adjustment posts), exterior to (as shown in the rear height adjustment posts), or interior to (not shown) an existing exercise machine frame element 103, such as handrails as shown in Fig. 1A, 9A, and in col. 21 lines 26-37, teaches the height adjustment posts/columns (123) may be in communication via attachment means with, but not limited to, one or more existing exercise machine frame elements 103, console support members 108, structural members 110, or additional frame members 111 for example a handrails 104 of the exercise machine 101 as shown in Fig. 1A, or the handrail 104 and console support members 108 of the existing exercise machine 200 in Fig. 2A,B. Whalen ‘781, in col. 21 line 66 – col. 22 line 2, further teaches the position of the rear height adjustment post/column 123 may be dictated by another element of the DAP unweighting assembly 100, such as additional frame members 111. Accordingly, Whalen ‘781 teaches that the rear height adjustment post/support column (123) can be coupled to other members/elements of the treadmill including additional member (111) (see Fig. 1B). As such, 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 embodiment shown in Figs. 1A-1B of Whalen ‘781, in view of Whalen ‘781 own teachings and through rearrangements, to have the rear support column/rear height adjustment post (123) coupled to the additional member (111 shown in Fig. 1B), behind the handrail (104), such that the handrail (104) would be arranged in front of the rear support column/rear height adjustment post (123), to provide for various models of the device to accommodate wider ranges of consumers/markets. Such modification through rearranging parts (in accordance with Whalen ‘781 own teachings) has been held to involve only routine skill in the art (see MPEP 2144.04) (Claim 1).
Whalen ‘781 is silent about the rear support column comprising a first actuator coupled to the user seal frame via the first receptacle, and a second actuator coupled to the user seal frame via the second receptacle, wherein the first actuator and the second actuator are controllable to adjust a position of the user seal frame relative to the running belt while maintaining a substantially fixed spatial relationship between the first receptacle and the second receptacle.
Regarding claim 1, Johnson teaches an exercise and therapeutic device, comprising:
a treadmill (182) comprising a running belt (Fig. 22);
an offloading system comprising:
an air chamber (suit 184),
a user seal (i.e., 32 at the waist in Fig. 3, 40 in Fig. 6, 50 in Fig. 8, 112 in Fig. 19) coupled to the air chamber and configured to receive at least a portion of a body of a user (Fig. 3, 6-8, 22, ¶ [70], [76], [84]-[87], [94], [104], [120]) so that in an operation, at least a portion of the user is positioned within the air chamber and to substantially seal the air chamber around the user (Figs. 6-8, ¶ [16], [25]-[27], [60], [70], [76], [84]-[87], [94], [104], [120]), a pump (i.e., 59, 126) operable to inflate the air chamber (Figs. 9 and 19),
a user seal frame (188 along with 190, 192 and 194) configured to substantially surround the user seal (Fig. 22),
a rear support column (any of 200 towards the back, Fig. 22) comprising a first actuator (198 at the back), ¶ [121]-[122]) coupled to the user seal frame via a first receptacle (196 at the back, Fig. 22); and s
a front support column (any of 200 towards the front, Fig. 22) comprising a second actuator (198 at the front) coupled to the user seal frame via a second receptacle (196 at the front, Fig. 22),
wherein the first actuator and the second actuator are controllable to adjust a position of the user seal frame relative to the running belt while maintaining a substantially fixed spatial relationship between the first receptacle and the second receptacle (¶ [121]-[122], fittings 196 that are fixed atop constant-force pneumatic springs 198. Preferably these springs provide a constant force to support the vertical downwards loads from the suit/air chamber and the sliding rods/seal frame and allow for vertical motion of the runner 186. The control system can apply a correct calculated pressure to the constant force springs 198. The function of the air cylinders/springs 198 is to maintain a constant offloading of the reaction force dynamically, in response to the vertical displacement of the user during running. As such, the first and second actuators (198) are capable of being controlled to adjust a position of the user seal frame relative to the running belt while maintaining a substantially fixed spatial relationship between the first receptacle and the second receptacle).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify invention of Whalen ‘781 such that the rear support column comprises a first actuator coupled to the user seal frame via a first receptacle, and a second actuator coupled to the user seal frame via a second receptacle, wherein the first actuator and the second actuator are controllable to adjust a position of the user seal frame relative to the running belt while maintaining a substantially fixed spatial relationship between the first receptacle and the second receptacle, as taught by Johnson in order to provide for a more user friendly, convenient, accurate, faster and consistent height adjustment for a user.
Whalen ‘781 in view of Johnson is silent about the handrail comprising the second actuator.
Regarding claim 1, Macaulay teaches an exercise and therapeutic device, comprising: a treadmill (14/214, Figs. 1 and 7) comprising a running belt coupled to a treadmill frame (Figs. 1 and 7); a user seal/support (including the user shorts, all the cords, support strap, leg wraps connected to the user in Figs. 1 and 7); a user seal/support frame (42/242 and 44/244); a rear support column (32/232, Figs. 1 and 7) comprising a first actuator coupled to the user seal/support frame (col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11); a handrail (as shown below) comprising a second actuator coupled to the user seal/support frame (col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11), wherein the first actuator and the second actuator are controllable to adjust a position of the user seal/support frame relative to the running belt (col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify invention of Whalen ‘781 in view of Johnson such that the handrail comprises the second actuator as taught by Macaulay in order to provide for a more compact apparatus, save space and potentially reduce manufacturing costs.
Regarding claim 2, Whalen ‘781 in view of Johnson and Macaulay teaches the device further comprising a front support column (Whalen ‘781: 123 in the front connected to the handrail 104 in Figs. 8-9A and as shown in Fig. 1A below; Johnson: any of the vertical member/support columns 200 towards the front, Fig. 22; Macaulay: front vertical post 230, Fig. 7) coupled to the handrail (Whalen ‘781: Figs. 1A and 8-9A; Macaulay: see Fig. 7 above) and comprising the second actuator coupled to the user seal frame (Johnson: 198 coupled to any of the front vertical member/support column 200, Fig. 22, ¶ [121]-[122]; Macaulay: Fig. 7, col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11, front vertical posts 30 and/or rear vertical posts 32 may include controllable actuators (e.g., hydraulic-type pistons, pneumatic-type pistons, and servo motors, not shown) to respectively adjust the heights of front horizontal bar 42 and/or rear horizontal bar 44. In either embodiment, frame assembly 216 of BWS system 210 may be adjusted (manually and/or in an electronically-controlled manner, as discussed above) to accommodate the lifting force needed for individuals of different heights, sizes, and body types, to securely and comfortably connect the individuals).
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Regarding claim 4, Whalen ‘781 in view of Johnson and Macaulay teaches wherein the user seal frame extends between the rear support column and the front support column (Whalen ‘781: Figs. 1A-1C and 8-9A; Johnson: Fig. 22; Macaulay: Fig. 7).
Regarding claim 5, Whalen ‘781 in view of Johnson and Macaulay teaches the device further comprising a user console and a controller (Whalen ‘781: processor 140, console 143 and input mechanism 141, col. 8 lines 14-15 and 17; Johnson: ¶ [122]; Macaulay: console as shown in Fig. 7 above, col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11, Operation of the controllable actuators may be performed with one or more processor-based units (not shown), such as a controller of treadmill 14) coupled to the treadmill frame (Whalen ‘781: Figs. 1A, 2A and 8-9A; Macaulay: Fig. 7, col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11, Operation of the controllable actuators may be performed with one or more processor-based units (not shown), such as a controller of treadmill 14), wherein the controller is configured to control the first actuator based on at least one user input to the user console (Johnson: ¶ [122]; Macaulay: col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11, the height adjustments of front horizontal bar 42 and rear horizontal bar 44 (and any other desired component of BWS system 10) may be performed in an electronically-controlled manner. For example, front vertical posts 30 and/or rear vertical posts 32 may include controllable actuators (e.g., hydraulic-type pistons, pneumatic-type pistons, and servo motors, not shown) to respectively adjust the heights of front horizontal bar 42 and/or rear horizontal bar 44. Operation of the controllable actuators may be performed with one or more processor-based units (not shown), such as a controller of treadmill 14, a dedicated controller unit for use with BWS system 10, and/or a separate computer-based system (e.g., a personal computer, laptop computer, mobile device, personal data assistant, mobile phone, tablet computer, media player, and the like). The one or more processor-based units may communicate with BWS system 10 over one or more electrical, optical, and/or wireless communication and power lines. In either embodiment, frame assembly 216 of BWS system 210 may be adjusted (manually and/or in an electronically-controlled manner, as discussed above) to accommodate the lifting force needed for individuals of different heights, sizes, and body types, to securely and comfortably connect the individuals. As such, a user input has to be received in order to control the actuators to adjust the height of the bars to a desired/appropriate height. When the one or more processor-based unit is a controller of the treadmill, the user input would be received through the console/input mechanism of the treadmill).
Regarding claim 6, Whalen ‘781 in view of Johnson and Macaulay teaches wherein the rear support column is coupled to the treadmill frame (Whalen ‘781: rear 123, Figs. 1A, 6 and 8; Johnson: ¶ [121], the vertical rigid members 200 connect to the base of the treadmill; Macaulay: rear post 232, Fig. 7).
Regarding claim 13, Whalen ‘781 teaches an exercise and therapeutic device, comprising:
a treadmill (101) comprising a running belt coupled to a treadmill frame (Figs. 1A and 2A);
an offloading system (102) coupled to the treadmill (Fig. 1A), the offloading system comprising:
an air chamber (300) at least partially surrounding the running belt (Figs. 1A-1B and 3A);
a user seal (302) coupled to the air chamber and configured to receive at least a portion of a body of a user so that in an operating condition, at least a portion of the user is positioned within the air chamber and to substantially seal the air chamber around the user (col. 15 lines 15-18, col. 17 lines 20-25);
a pump (blower 119) operable to inflate the air chamber (col. 9 line 22, col. 22 lines 49-60); and
a user seal frame (124) configured to substantially surround the user seal (col. 21 lines 15-19);
a handrail (104, Fig. 1A and 2B); and
a pair of support columns (front and rear 123) coupled to the user seal frame (Figs. 1A-1B and 8-9A), each used to adjust a position of the user seal frame relative to a running surface of the running belt (using height adjustment slots 126, Fig. 8, col. 19 line 65 - col. 20 line 25, col. 21 lines 40-60), the pair of support columns including a first support column (rear 123) coupled to the treadmill (Figs. 1A-1B and 8-9A) and a second support column (front 123) coupled to the handrail (Figs. 1A and 8-9A), the handrail (104) extending away from the first support column (rear 123) towards a front end of the exercise and therapeutic device (Fig. 1A).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Front support columns)]
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Although Whalen ‘781 does not specifically teach the handrail (104) being arranged in front of the first support column (123), Whalen ‘781, in col. 20 lines 11-19, teaches that the height adjustment posts/pair of support columns (123) may be located on top of (as shown in regards to the front height adjustment posts), exterior to (as shown in the rear height adjustment posts), or interior to (not shown) an existing exercise machine frame element 103, such as handrails as shown in Fig. 1A, 9A, and in col. 21 lines 26-37, teaches the height adjustment posts/support columns (123) may be in communication via attachment means with, but not limited to, one or more existing exercise machine frame elements 103, console support members 108, structural members 110, or additional frame members 111 for example a handrails 104 of the exercise machine 101 as shown in Fig. 1A, or the handrail 104 and console support members 108 of the existing exercise machine 200 in Fig. 2A,B. Whalen ‘781, in col. 21 line 66 – col. 22 line 2, further teaches the position of the rear height adjustment post/first support column 123 may be dictated by another element of the DAP unweighting assembly 100, such as additional frame members 111.
Accordingly, Whalen ‘781 teaches that the rear height adjustment post/first support column (123) can be coupled to other members/elements of the treadmill including additional member (111) (see Fig. 1B). As such, 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 embodiment shown in Figs. 1A-1B of Whalen ‘781, in view of Whalen ‘781 own teachings and through rearrangements, to have the first support column/rear height adjustment post (123) coupled to the additional member (111 shown in Fig. 1B), behind the handrail (104), such that the handrail (104) would be arranged in front of the first support column/rear height adjustment post (123), to provide for various models of the device to accommodate wider ranges of consumers/markets. Such modification through rearranging parts (in accordance with Whalen ‘781 own teachings) has been held to involve only routine skill in the art (see MPEP 2144.04) (Claim 13).
Whalen ‘781 is silent about the pair of support columns, each comprising an actuator controllable to adjust a position of the user seal frame relative to a running surface of the running belt, wherein the pair of support columns are coupled to the user seal frame via a pair of receptacles, and the actuators are controllable to adjust the position of the user seal frame relative to the running surface of the running belt while maintaining a substantially fixed spatial relationship between the pair of receptacles.
Regarding claim 13, Johnson teaches an exercise and therapeutic device, comprising:
a treadmill (182) comprising a running belt (Fig. 22);
an offloading system comprising:
an air chamber (suit 184),
a user seal (i.e., 32 at the waist in Fig. 3, 40 in Fig. 6, 50 in Fig. 8, 112 in Fig. 19) coupled to the air chamber and configured to receive at least a portion of a body of a user (Fig. 3, 6-8, 22, ¶ [70], [76], [84]-[87], [94], [104], [120]) so that in an operation, at least a portion of the user is positioned within the air chamber and to substantially seal the air chamber around the user (Figs. 6-8, ¶ [16], [25]-[27], [60], [70], [76], [84]-[87], [94], [104], [120]), a pump (i.e., 59, 126) operable to inflate the air chamber (Figs. 9 and 19),
a user seal frame (188 along with 190, 192 and 194) configured to substantially surround the user seal (Fig. 22),
a pair of support columns (200 towards the front and back, Fig. 22) coupled to the user seal frame (Fig. 22), each comprising an actuator (198) controllable to adjust a position of the user seal frame relative to a running surface of the running belt (¶ [121]-[122]),
wherein the pair of support columns are coupled to the user seal frame via a pair of receptacles (196, Fig. 22), and the actuators are controllable to adjust the position of the user seal frame relative to the running surface of the running belt while maintaining a substantially fixed spatial relationship between the pair of receptacles (¶ [121]-[122], fittings 196 that are fixed atop constant-force pneumatic springs 198. Preferably these springs provide a constant force to support the vertical downwards loads from the suit/air chamber and the sliding rods/seal frame and allow for vertical motion of the runner 186. The control system can apply a correct calculated pressure to the constant force springs 198. The function of the air cylinders/springs 198 is to maintain a constant offloading of the reaction force dynamically, in response to the vertical displacement of the user during running. As such, the first and second actuators (198) are capable of being controlled to adjust a position of the user seal frame relative to the running belt while maintaining a substantially fixed spatial relationship between the first receptacle and the second receptacle).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify invention of Whalen ‘781 such that the pair of support columns, each comprising an actuator controllable to adjust a position of the user seal frame relative to a running surface of the running belt, wherein the pair of support columns are coupled to the user seal frame via a pair of receptacles, and the actuators are controllable to adjust the position of the user seal frame relative to the running surface of the running belt while maintaining a substantially fixed spatial relationship between the pair of receptacles, as taught by Johnson in order to provide for a more user friendly, convenient, accurate, faster and consistent height adjustment for a user.
Whalen ‘781 in view of Johnson is silent about the second support column comprising an actuator, being coupled to the handrail.
Regarding claim 13, Macaulay teaches an exercise and therapeutic device, comprising: a treadmill (14/214, Figs. 1 and 7) comprising a running belt coupled to a treadmill frame (Figs. 1 and 7); a user seal/support (including the user shorts, all the cords, support strap, leg wraps connected to the user in Figs. 1 and 7); a user seal/support frame (42/242 and 44/244); a handrail (as shown below); and a pair of support columns (32/232 and 30/230) coupled to the user seal/support frame (Figs. 1 and 7), each comprising an actuator controllable to adjust a position of the user seal frame relative to a running surface of the running belt (col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11, front vertical posts 30 and/or rear vertical posts 32 may include controllable actuators (e.g., hydraulic-type pistons, pneumatic-type pistons, and servo motors, not shown) to respectively adjust the heights of front horizontal bar 42 and/or rear horizontal bar 44. In either embodiment, frame assembly 216 of BWS system 210 may be adjusted (manually and/or in an electronically-controlled manner, as discussed above) to accommodate the lifting force needed for individuals of different heights, sizes, and body types, to securely and comfortably connect the individuals); the pair of support columns including a first support column (232) coupled to the treadmill (Fig. 7) and a second support column (230) coupled to the handrail (see Fig. 7 below).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify invention of Whalen ‘781 in view of Johnson such that the second column having an actuator is coupled to the handrail, as taught by Macaulay in order to provide for a more compact apparatus, save space and potentially reduce manufacturing costs.
Regarding claim 15, Whalen ‘781 in view of Johnson and Macaulay teaches wherein the first support column is coupled to the treadmill frame (Whalen ‘781: Figs. 1A and 8; Johnson: ¶ [121], the vertical rigid members 200 connect to the base of the treadmill; Macaulay: Fig. 7).
Regarding claim 16, Whalen ‘781 in view of Johnson and Macaulay teaches wherein the running belt is powered by a motor (Whalen ‘781: treadmill drive motor, col. 30 lines 53-55, col. 37 lines 60-61).
Regarding claim 18, Whalen ‘781 in view of Johnson and Macaulay teaches wherein the user seal frame (Whalen ‘781: 124; Johnson: 188 along with 190, 192 and 194) comprises a pair of extensions (Whalen ‘781: 139 in the front and 139 in the rear, Fig. 4A; Johnson: 194, Fig. 22), each extension releasably coupled to one receptacle of the pair of receptacles (Whalen ‘781: Figs. 1A-1C; Johnson: 196, Fig. 22, ¶ [121]).
Regarding claim 19, Whalen ‘781 teaches an offloading system for use with a treadmill, the offloading system comprising:
an air chamber (300, Figs. 1A-B and 3A);
a user seal (302) coupled to the air chamber and configured to selectively receive a portion of a body of a user so that at least a portion of the user is positioned within the air chamber and to substantially seal the air chamber around the user (col. 15 lines 15-18, col. 17 lines 20-25);
a user seal frame (124) configured to substantially surround the user seal (col. 21 lines 15-19);
a pump (blower 119) operable to selectively inflate the air chamber (col. 9 line 22, col. 22 lines 49-60);
a handrail (104, Figs. 1A, 2B and 8);
a first support column (123 towards the back, Figs. 1A-1B and 8) coupled to the user seal frame (Figs. 1A-1B and 8) via a first receptacle (i.e., any one of height adjustment slots 126 of the rear column 123, Figs. 1A-1B and 8); and
a second support column (123 towards the front, Figs. 1A-1B and 8) coupled to the handrail (104) and coupled to the user seal frame via a second receptacle (i.e., any one of height adjustment slots 126 of the second support column 123 towards the front, that is coupled to the handrail, Figs. 1A and 8).
Whalen ‘781 is silent about the first support column comprising a first actuator coupled to the user seal frame via the first receptacle, the second support column comprising a second actuator coupled to the user seal frame via the second receptacle, wherein the first actuator and the second actuator are controllable to adjust a position of the user seal frame relative to a running belt while maintaining a substantially fixed spatial relationship between the first receptacle and the second receptacle.
Regarding claim 19, Johnson teaches an offloading system for use with a treadmill, the offloading system comprising:
an air chamber (suit 184, Fig. 22);
a user seal (i.e., 32 at the waist in Fig. 3, 40 in Fig. 6, 50 in Fig. 8, 112 in Fig. 19) coupled to the air chamber and configured to selectively receive a portion of a body of a user (Fig. 3, 6-8, 22, ¶ [70], [76], [84]-[87], [94], [104], [120]) so that at least a portion of the user is positioned within the air chamber and to substantially seal the air chamber around the user (Figs. 6-8, ¶ [16], [25]-[27], [60], [70], [76], [84]-[87], [94], [104], [120]);
a user seal frame (188 along with 190, 192 and 194) configured to substantially surround the user seal (Fig. 22);
a pump (i.e., 59, 126) operable to selectively inflate the air chamber (Figs. 9 and 19, ¶ [88], [107]);
a first support column (any of the vertical members 200 towards the rear, Fig. 22), comprising a first actuator (198, Fig. 22), coupled to the user seal frame via a first receptacle (196, Fig. 22), and
a second support column (any of the vertical members 200 towards the front, Fig. 22) comprising a second actuator (198, Fig. 22), coupled to the user seal frame via a second receptacle (196, Fig. 22),
wherein the first actuator and the second actuator are controllable to adjust a position of the user seal frame relative to a running surface of the treadmill while maintaining a substantially fixed spatial relationship between the first receptacle and the second receptacle (¶ [121]-[122], fittings 196 that are fixed atop constant-force pneumatic springs 198. Preferably these springs provide a constant force to support the vertical downwards loads from the suit/air chamber and the sliding rods/seal frame and allow for vertical motion of the runner 186. The control system can apply a correct calculated pressure to the constant force springs 198. The function of the air cylinders/springs 198 is to maintain a constant offloading of the reaction force dynamically, in response to the vertical displacement of the user during running. As such, the first and second actuators (198) are capable of being controlled to adjust a position of the user seal frame relative to the running belt while maintaining a substantially fixed spatial relationship between the first receptacle and the second receptacle).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify invention of Whalen ‘781 such that the first support column comprises a first actuator coupled to the user seal frame via the first receptacle, the second support column comprising a second actuator coupled to the user seal frame via the second receptacle, wherein the first actuator and the second actuator are controllable to adjust a position of the user seal frame relative to a running belt while maintaining a substantially fixed spatial relationship between the first receptacle and the second receptacle, as taught by Johnson in order to provide for a more user friendly, convenient, accurate, faster and consistent height adjustment for a user.
Whalen ‘781 in view of Johnson is silent about the second support column comprising the second actuator being coupled to the handrail.
Regarding claim 19, Macaulay teaches a therapeutic device for use with a treadmill, comprising: a user seal/support (including the user shorts, all the cords, support strap, leg wraps connected to the user in Figs. 1 and 7); a user seal/support frame (42/242 and 44/244); a handrail (as shown below); a first support column (32/232, Figs. 1 and 7) comprising a first actuator coupled to the user seal/support frame (col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11); a second support column (30/230, Figs. 1 and 7) coupled to the handrail and comprising a second actuator coupled to the user seal/support frame (col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11), wherein the first actuator and the second actuator are controllable to adjust a position of the user seal/support frame relative to the running belt (col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify invention of Whalen ‘781 in view of Johnson such that the second support column comprising the second actuator is coupled to the handrail, as taught by Macaulay in order to provide for a more compact apparatus, save space and potentially reduce manufacturing costs.
Regarding claim 20, Whalen ‘781 in view of Johnson and Macaulay teaches wherein adjustment of the user seal frame adjusts a spacing between the user seal frame and the running surface of the treadmill (Johnson: Fig. 22, ¶ [121]-[122]; Macaulay: col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11).
Claims 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Whalen ‘781 in view of Johnson and Macaulay as applied to claims 1-2 and 13 above, and further in view of Andolfi (US 5,411,044).
Regarding claims 3 and 14, Whalen ‘781 in view of Johnson and Macaulay teaches the device further comprising a controller configured to control the first actuator and the second actuator to raise or lower the user seal frame relative to the running belt (Macaulay: col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11, Operation of the controllable actuators may be performed with one or more processor-based units (not shown), such as a controller of treadmill 14, a dedicated controller unit for use with BWS system 10, and/or a separate computer-based system (e.g., a personal computer, laptop computer, mobile device, personal data assistant, mobile phone, tablet computer, media player, and the like). The one or more processor-based units may communicate with BWS system 10 over one or more electrical, optical, and/or wireless communication and power lines. In either embodiment, frame assembly 216 of BWS system 210 may be adjusted (manually and/or in an electronically-controlled manner, as discussed above) to accommodate the lifting force needed for individuals of different heights, sizes, and body types, to securely and comfortably connect the individuals).
Whalen ‘781 in view of Johnson and Macaulay is silent about the first actuator and the second actuator being controlled simultaneously.
Regarding claims 3 and 14, Andolfi teaches a device comprising: a first support column (i.e. 133 with 135, Fig. 1) comprising a first actuator (105) coupled to a user frame (137 with 137’), the first actuator (105) controllable to adjust a position of the user frame relative to a walking surface (Figs. 1, 4 and 15, col. 8 lines 24-29, col. 10 lines 12-25 and lines 45-55, col. 12 lines 5-12), and a second support columns (i.e., 133’ with 135’, Fig. 1) comprising a second actuator (105’) coupled to the user frame (137 with 137’), the second actuator also controllable to adjust a position of the user frame relative to a walking surface (Figs. 1, 4 and 15, col. 8 lines 24-29, col. 10 lines 12-25 and lines 45-55, col. 12 lines 5-12), a controller (i.e. controller of 145, Fig. 1) configured to control the first actuator and the second actuator simultaneously to raise or lower the user frame relative to the walking surface (Figs. 11-13, col. 8 lines 24-29, col. 10 lines 12-25 and lines 45-55, col. 12 lines 5-12, please note that upon modification of invention of Whalen ’781 in view of Johnson and Macaulay with features of Andolfi, the position of the user seal frame would be changed with respect to the running belt), a user console (i.e. 145, Fig. 1) and a controller (i.e. controller of 145, Fig. 1) coupled to a frame (Fig. 1), wherein the controller is configured to control the first actuator based on at least one user input to the console (col. 8 lines 24-29, col. 10 lines 12-25 and lines 45-55, col. 12 lines 5-12).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Whalen ‘781 in view of Johnson and Macaulay wherein the controller is configured to control the first actuator and the second actuator simultaneously to raise or lower the user seal frame relative to the running belt, as taught by Andolfi in order to provide for a more stable height adjustment to prevent the user from (further) potential injuries while accommodating users of various heights, weights or physical conditions.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Whalen ‘781 in view of Johnson and Macaulay as applied to claim 1 above, and further in view of Bayerlein et al. (US 2012/0010048A1).
Whalen ‘781 in view of Johnson and Macaulay is silent about wherein the treadmill is a motor-less treadmill such that rotation of the running belt is manually powered, and wherein the running belt comprises a curved running surface.
Regarding claim 7, Bayerlein teaches an exercise device comprising: a treadmill (10) comprising a running belt (16) coupled to a treadmill frame (i.e. 12, ¶ [23]), wherein the treadmill is a motor-less treadmill such that rotation of the running belt is manually powered (¶ [23], [28]), and wherein the running belt comprises a curved running surface (Figs. 1 and 4-6).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Whalen ‘781 in view of Johnson and Macaulay wherein the treadmill is a motor-less treadmill such that rotation of the running belt is manually powered, and wherein the running belt comprises a curved running surface as taught by Bayerlein in order to provide the user with more control over the speed of the belt, to encourage the user to exercise more and reduce carbon foot prints.
Claim 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Whalen ‘781 in view of Johnson and Macaulay as applied to claim 1 above, and further in view of Whalen et al. (US 2011/0098615 A1, hereinafter referred to as “Whalen ‘615”).
Regarding claim 8, Whalen ‘781 in view of Johnson and Macaulay teaches the device further comprising: a motor configured to drive rotation of the running belt (Whalen ‘781: treadmill drive motor, col. 30 lines 53-55, col. 37 lines 60-61); and a controller (Whalen ‘781: processor 140, col. 8 line 14; Macaulay: col. 5 lines 39-57, col. 10 lines 6-11, Operation of the controllable actuators may be performed with one or more processor-based units (not shown), such as a controller of treadmill 14) configured to control an air pressure in the air chamber by providing a pump control signal to the pump (Whalen ‘781: col. 23 lines 8-27), and to control a position of the user seal frame relative to the running belt by providing an actuator control signal to the first actuator (Macaulay: col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11).
Whalen ‘781 in view of Johnson and Macaulay is silent about the controller configured to control a speed of rotation of the running belt by providing a motor control signal to the motor.
Regarding claim 8, Whalen ‘615 teaches an exercise and therapeutic device, comprising: a treadmill (112) comprising a running belt coupled to a treadmill frame (Fig. 1, ¶ [77]); an offloading system coupled to the treadmill, the offloading system comprising: an air chamber (102) at least partially surrounding the running belt (Fig. 1, ¶ [77]); a user seal (110) coupled to the air chamber and configured to receive at least a portion of a body of a user (101) so that in an operating condition, at least a portion of the user is positioned within the air chamber and to substantially seal the air chamber around the user (Fig. 9A, ¶ [75]-[76]); a pump (126) operable to inflate the air chamber (¶ [80], [84]); and a user seal frame (i.e. 1104, 2201) configured to substantially surround the user seal (Figs. 9A, 11-17, 22, 24A-24B, ¶ [183]); a support column (i.e. 2202, 2406) comprising a first actuator (i.e. 2402) coupled to the user seal frame, the first actuator controllable to adjust a position of the user seal frame relative to the running belt (Figs. 22, 24A-24B, ¶ [182]-[187]), a motor configured to drive rotation of the running belt (¶ [77], [82], [85], since the speed of the treadmill belt is adjustable, a motor configured to drive rotation of the belt has to exist); and a controller (103/122/202) configured to control a speed of rotation of the running belt by providing a motor control signal to the motor ([82], [84]-[88]), to control an air pressure in the air chamber by providing a pump control signal to the pump (¶ [68], [79]), and to control a position of the user seal frame relative to the running surface by providing an actuator control signal to the first actuator (¶ [82], [84]-[88], [182]-[187], the position of the height adjustment structure/bar/the user seal frame (i.e. 2404) on one or more posts (i.e. 2202, 2406) relative to the running belt can be adjusted by various means, including electro-mechanically using a motor (i.e. 2402), motor and belt system, lead screws, etc. As such, when the first actuator is a motor or a motor and belt system/lead screw (Fig. 24B), a controller such as controller 103/122, has to exist or be used to control the motor or the motor and belt system/lead screw in order to adjust the position of the user seal frame attached to the posts).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify invention of Whalen ‘781 in view of Johnson and Macaulay wherein the controller is configured to control a speed of rotation of the running belt by providing a motor control signal to the motor as taught by Whalen ‘615 in order to enable a user exercise at various speed to improve upon his/her fitness and performance.
Regarding claim 9, Whalen ‘781 in view of Johnson, Macaulay and Whalen ‘615 teaches wherein the controller is configured to control the speed of rotation of the running belt based on the air pressure in the air chamber (Whalen ‘615: ¶ [85]).
Regarding claim 11, Whalen ‘781 in view of Johnson, Macaulay and Whalen ‘615 teaches wherein the controller is further configured to: store a therapy or exercise routine (Whalen ‘781: col. 36 line 61 – col. 37 line 7; Whalen ‘615: ¶ [89]); and control the treadmill and the pump in accordance with the therapy or exercise routine by, for each of a plurality of time intervals: controlling the pump to achieve an air pressure setpoint within the air chamber during the time interval (Whalen ‘781: col. 23 lines 8-27; Whalen ‘615: ¶ [84], [93]); and controlling the motor to achieve a speed of rotation setpoint of the running belt during the time interval (Whalen ‘615: ¶ [85], [94]-[95]).
Claim 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Whalen ‘781 in view of Johnson and Macaulay as applied to claim 1 above, and further in view of Long et al. (US 2017/0128769 A1).
Regarding claim 8, Whalen ‘781 in view of Johnson and Macaulay teaches the device further comprising: a motor configured to drive rotation of the running belt (Whalen ‘781: treadmill drive motor, col. 30 lines 53-55, col. 37 lines 60-61); and a controller (Whalen ‘781: processor 140, col. 8 line 14; Macaulay: col. 5 lines 39-57, col. 10 lines 6-11, Operation of the controllable actuators may be performed with one or more processor-based units (not shown), such as a controller of treadmill 14) configured to control an air pressure in the air chamber by providing a pump control signal to the pump (Whalen ‘781: col. 23 lines 8-27), and to control a position of the user seal frame relative to the running belt by providing an actuator control signal to the first actuator (Macaulay: col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11).
Whalen ‘781 in view of Johnson and Macaulay is silent about the controller configured to control a speed of rotation of the running belt by providing a motor control signal to the motor.
Regarding claim 8, Long teaches an exercise and therapeutic device, comprising: a treadmill comprising a running belt (178) coupled to a treadmill frame (Fig. 1A); a motor (160) configured to drive rotation of the running belt (Figs. 8-10, ¶ [220]-[221]); and a controller configured to control a speed rotation of the running belt by providing a motor control signal to the motor (claims 73-74).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify invention of Whalen ‘781 in view of Johnson and Macaulay wherein the controller is configured to control a speed of rotation of the running belt by providing a motor control signal to the motor as taught by Long in order to enable a user exercise at various speed to improve upon his/her fitness and performance.
Regarding claim 12, Whalen ‘781 in view of Johnson, Macaulay and Long wherein the controller is configured to command the motor to apply a braking torque to the running belt to resist rotation of the running belt (Long: ¶ [520]-[534], claim 73).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Whalen ‘781 in view of Johnson and Macaulay as applied to claim 13 above, and further in view of Anders et al. (US 4,998,721).
Regarding claim 17, Whalen ‘781 in view of Johnson and Macaulay teaches the device further comprising a controller configured to control each actuator of the pair of support columns (Whalen ‘781: processor 140, col. 8 line 14; Macaulay: col. 5 lines 39-57, col. 9 lines 22-55, col. 10 lines 6-11, the height adjustments of front horizontal bar 42 and rear horizontal bar 44 (and any other desired component of BWS system 10) may be performed in an electronically-controlled manner. For example, front vertical posts 30 and/or rear vertical posts 32 may include controllable actuators (e.g., hydraulic-type pistons, pneumatic-type pistons, and servo motors, not shown) to respectively adjust the heights of front horizontal bar 42 and/or rear horizontal bar 44. Operation of the controllable actuators may be performed with one or more processor-based units (not shown), such as a controller of treadmill 14, a dedicated controller unit for use with BWS system 10, and/or a separate computer-based system (e.g., a personal computer, laptop computer, mobile device, personal data assistant, mobile phone, tablet computer, media player, and the like). The one or more processor-based units may communicate with BWS system 10 over one or more electrical, optical, and/or wireless communication and power lines. In either embodiment, frame assembly 216 of BWS system 210 may be adjusted (manually and/or in an electronically-controlled manner, as discussed above) to accommodate the lifting force needed for individuals of different heights, sizes, and body types, to securely and comfortably connect the individuals).
Whalen ‘781 in view of Johnson and Macaulay is silent about the controller configured to independently control each actuator of the pair of support columns.
Regarding claim 17, Anders teaches an exercise device, comprising: a pair of columns (11L, 11R, Fig. 1), each comprising an actuator (60L, 60R, Fig. 1) and controllable to adjust a position of a bar (50) relative to a surface (ground or surface of 15), a controller (70M with 70L and 70R) configured to independently control each actuator of the pair of the support columns (claim 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify invention of Whalen ‘781 in view of Johnson and Macaulay wherein the controller is configured to independently control each actuator of the pair of support columns, as taught by Anders, in order to enable a user/trainer adjust the user (seal) frame according to the user’s height and other physical characteristics to accommodate various users.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: with respect to claim 10, the closest prior art of record, as cited above, fails to disclose, teach or render obvious an exercise and therapeutic device as detailed in claims 1 and 8 and further wherein the controller is configured to control the motor to stop movement of the running belt in response to a reduction of the air pressure in the air chamber.
Response to Arguments
Applicant’s arguments with respect to claims 1-9 and 11-20 have been considered but are moot in view of the new grounds of rejection.
Conclusion
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/SHILA JALALZADEH ABYANEH/ Primary Examiner, Art Unit 3784
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