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 amendments filed on 03/02/2026. Claims 1-20 are pending in the application. Claims 1-20 have been rejected as set forth below.
Specification
The disclosure is objected to because of the following informalities:
¶ [0145], lines 7-8, the phrase “base 3104, thereby”, needs to be changed to “base 3110, thereby”.
Appropriate correction is required.
Claim Objections
Claim 19 is objected to because of the following informalities: the phrase “second column” in line 12, needs to be changed to “second support column”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9, 11-13 of U.S. Patent No. 10,843,036 B2 in view of Long et al. (US 2017/0128769 A1). Claims 19-20 of the current application and claims 9 and 11-13 of U.S. Patent No. 10,843,036 B2 are both directed towards an exercise and therapeutic device comprising same/similar components except for a handrail, wherein a second column of the pair of support columns is coupled to the handrail. However, Long teaches an exercise and therapeutic device comprising a handrail (142), wherein a second column (i.e., 102 on the left side in Fig. 1A) of the pair of support columns (102 on the left and right sides) is coupled to the handrail (Fig. 1A), and 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 recited in claims 9 and 11-13 of U.S. Patent No. 10,843,036 B2 with a handrail, wherein a second column of the pair of support columns is coupled to the handrail as taught by Long in order to enable a user grasp the handrail when needed for comfort and/or stability while using the device.
Claims of Current Application
Claims of U.S. 10,843,036 B2
19. An offloading system for use with a treadmill, the offloading system comprising:
an air chamber;
a user seal 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;
a user seal frame configured to substantially surround the user seal;
a pump operable to selectively inflate the air chamber;
a pair of support columns, each comprising an actuator coupled to the user seal frame and controllable to adjust a position of the user seal frame relative to a running surface of the treadmill.
Note: a handrail and a second support column coupled to the handrail is taught by Long (see above for details).
20.The offloading system of claim 19, wherein adjustment of the user seal frame adjusts a spacing between the user seal frame and the running surface of the treadmill.
9. An exercise and therapeutic device, comprising:
a treadmill comprising a running belt coupled to a treadmill frame;
an offloading system coupled to the treadmill, the offloading system comprising: an air chamber at least partially surrounding the running belt;
a user seal 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 a user is positioned within the air chamber and to substantially seal the air chamber around a user;
a pump operable to selectively inflate the air chamber; and
a user seal frame configured to substantially surround the user seal;
a rear actuator column coupled to the treadmill frame, the rear actuator column comprising: a first shaft configured to couple to the user seal frame; and a first actuator controllable to adjust a position of the first shaft relative to a running surface of the running belt;
a second actuator controllable to adjust a position of a second shaft relative to the running surface of the running belt; and
a controller configured to control the first actuator and the second actuator;
wherein the user seal frame comprises a first peg configured to selectively couple to the first shaft and a second peg configured to selectively couple to the second shaft, the first peg and the second peg being spaced a distance apart from one another; and
wherein the controller is configured to control the first actuator and the second actuator based on the distance.
11. The exercise device of claim 9, wherein the first actuator is configured to adjust a position of the user seal frame relative to the treadmill frame when the shaft is coupled to the user seal frame.
12. The exercise device of claim 9, comprising a front actuator column coupled to the treadmill frame, the front actuator column comprising: the second shaft configured to couple to the user seal frame; and the second actuator, wherein the second actuator is controllable to adjust a position of the second shaft relative to the treadmill frame.
13. The exercise device of claim 12, wherein the second actuator and the first actuator are configured to adjust a position of the user seal frame relative to the treadmill frame when the shaft is coupled to the user seal frame.
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 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Long et al. (US 2017/0128769 A1).
Regarding claim 19, Long discloses an offloading system for use with a treadmill, the offloading system comprising:
an air chamber (116, Fig. 5A);
a user seal (seal interface, i.e., 344) coupled to the air chamber and configured to selectively receive a portion of a body of a user (31) 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 (Fig. 6B, ¶ [33], [209]);
a user seal frame (135) configured to substantially surround the user seal (Figs. 7 and 22B);
a pump (blower 155) operable to selectively inflate the air chamber (¶ [201], [220]);
a handrail (142, Fig. 1A); and
a pair of support columns (102), each comprising an actuator coupled to the user seal frame and controllable to adjust a position of the user seal frame relative to a running surface (of belt 178) of the treadmill (Figs. 3-4, ¶ [194], [196], [199], via trigger 104 and its latching/release actuator 98), the pair of support columns including a first support column (i.e., 102 on the right side in Fig. 1A) and a second column (i.e., 102 on the left side in Fig. 1A) coupled to the handrail (column 102 on the left side is coupled to the handrail 142, Fig. 1A).
Regarding claim 20, Long discloses wherein adjustment of the user seal frame adjusts a spacing between the user seal frame and the running surface of the treadmill (Figs. 3-4, ¶ [194], [196], [199]).
Claim Rejections - 35 USC § 103
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 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 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, Figs. 1A-1B) coupled to the user seal frame (Figs. 1A-1B); and
a handrail (104) extending upward and forward from proximate the rear support column (Fig. 1A), the handrail coupled to the user seal frame (Fig. 1A),
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).
Whalen ‘781 is silent about the rear support column comprising a first actuator coupled to the user seal frame, and the handrail comprising a second actuator coupled to the user seal frame, wherein the first actuator and the second actuator are controllable to adjust a position of the user seal frame relative to the running belt.
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; Upon modification of Whalen ‘781 with features of Macaulay, a second actuator would be coupled to the user seal frame and both first and second actuators would be controllable to adjust the position of the user seal frame relative to the running belt).
[AltContent: arrow][AltContent: textbox (Console)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Handrails)]
PNG
media_image1.png
561
485
media_image1.png
Greyscale
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, and the handrail comprises a second actuator coupled to the user seal frame, wherein the first actuator and the second actuator are controllable to adjust a position of the user seal frame relative to the running belt as taught by Macaulay in order to provide for a more user friendly, convenient, accurate, faster and consistent height adjustment for a user.
Regarding claim 2, Whalen ‘781 in view of 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; 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 (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; Upon modification of Whalen ‘781 with features of Macaulay, a second actuator would be coupled to the user seal frame).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Front support columns)]
PNG
media_image2.png
667
576
media_image2.png
Greyscale
Regarding claim 4, Whalen ‘781 in view of 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; Macaulay: Fig. 7).
Regarding claim 5, Whalen ‘781 in view of 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; 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 (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 Macaulay teaches wherein the rear support column is coupled to treadmill frame (Whalen ‘781: rear 123, Figs. 1A, 6 and 8; 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
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)]
PNG
media_image2.png
667
576
media_image2.png
Greyscale
Whalen ‘781 is silent about each pair of support columns comprising an actuator controllable to adjust the position of the user seal frame relative to the running surface of the running belt.
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; Upon modification of Whalen ‘781 with features of Macaulay, a second actuator would be coupled to the user seal frame and both first and second actuators would be controllable to adjust the position of the user seal frame relative to the running surface of the running belt), 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).
[AltContent: arrow][AltContent: textbox (Console)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Handrails)]
PNG
media_image1.png
561
485
media_image1.png
Greyscale
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 each pair of support columns comprises an actuator controllable to adjust the position of the user seal frame relative to the running surface of the running belt as taught by Macaulay in order to provide for a more user friendly, convenient, accurate, faster and consistent height adjustment for a user.
Regarding claim 15, Whalen ‘781 in view of Macaulay teaches wherein the first support column is coupled to the treadmill frame (Whalen ‘781: Figs. 1A and 8; Macaulay: Fig. 7).
Regarding claim 16, Whalen ‘781 in view of 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 Macaulay teaches wherein the user seal frame (Whalen ‘781: 124) comprises a pair of extensions (Whalen ‘781: 139 in the front and 139 in the rear, Fig. 4A), each extension releasably coupled to one support column of the pair of support columns (Whalen ‘781: Figs. 1A-1C).
Claims 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Whalen ‘781 in view of 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 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 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 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 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 Macaulay as applied to claim 1 above, and further in view of Bayerlein et al. (US 2012/0010048A1).
Whalen ‘781 in view of 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 1-20 have been considered but are moot in view of the new grounds of rejection.
In response to applicant’s arguments regarding independent claim 19 being amended similar to claim 1, and that none of Whalen ‘615, Andolfi, Bayerlein, Long, Anders and Jue teach the amended claim 19, the Examiner respectfully disagrees and would like to mention that Long discloses the limitations of amended claim 19, as the amendments to claim 19 are broader than the amendments made to claims 1 and 13. (see above for details).
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 SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
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.
/SHILA JALALZADEH ABYANEH/ Primary Examiner, Art Unit 3784
Prosecution Insights