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 .
Election/Restrictions
Claim 3 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/19/2026.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, 4, and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sankai (US PGPub. 2022/018315). Sankai describes the same invention as claimed, including:
Regarding claim 1: A method for assisting a person in physical exercise, wherein the method is executed by a controller configurable with at least one physical exercise strategy (para. 64: “the control unit 32 performs voluntary control of the load torque of the drive unit 8 for the bicycle ergometer 2 to generate the running torque and the rotational speed of the crank 7 according to the subject's intention and performs autonomous control of the load torque of the drive unit 8 for the bicycle ergometer 2 to generate the assisting power for the subject's pedaling motion as described later. Then, the control unit 32 is designed to control the pedaling motion by adjusting the hybrid ratio of the voluntary control and the autonomous control on the basis of the outputs from the biological activity detection unit 3 so as to not increase the subject's exercise load excessively.”), the controller is integrated into an exercise device (Fig. 1), and the method comprises: controlling, based on a target physical exercise strategy among the at least one physical exercise strategy, a device setting of the exercise device; and outputting an exercise guidance for the physical exercise (via display 9), wherein the exercise guidance is comprised in the target physical exercise strategy and is used to provide a guidance for the physical exercise to the person (“[0034] Furthermore, the display unit (synchronous video display unit) 9 for the bicycle ergometer 2 is provided within a field of vision of the subject in a state of being seated on the bicycle ergometer 2 and is designed to display a video which changes in synchronization with the pedaling motion of the subject in accordance with the control by the motion assisting unit 4. [0035] Consequently, the subject can continuously perform the exercise for the functional recovery of their heart in a positive mood (by recognizing a sense of accomplishment) while experiencing, through a visual check, an exercise amount (a state of progress) by the pedaling motion.”).
Regarding claim 2, further comprising: receiving a physiological parameter of the person (via biological activity detection unit 3) transmitted by at least one measurement device associated with the person (pulse oximeter 41); and adjusting, based on the physiological parameter and the target physical exercise strategy, the device setting of the exercise device (optimum torque adjustment unit 15).
Regarding claim 4, wherein the physiological parameter comprises SpO2 of the person (44); adjusting, based on the physiological parameter and the target physical exercise strategy, the device setting of the exercise device comprises: determining whether a value of the SpO2 is lower than a first preset threshold comprised in the target physical exercise strategy; and when the value of the SpO2 is lower than the first preset threshold, modifying the device setting of the exercise device to reduce an exercise intensity of the person (Fig. 4, “[0082] Accordingly, with the heart rehabilitation support apparatus 1, the biological activity detection unit 50 detects the carbon dioxides contained in the subject's exhaled gas, so that the motion assisting unit 4 thereby judges the degree of the exercise intensity according to the subject's anaerobic metabolism threshold and adjusts the hybrid ratio of the voluntary control and the autonomous control together with the subject's heart rate and electrocardiogram changes and the subject's pulse rate and blood oxygen saturation degree. [0083] Consequently, with the heart rehabilitation support apparatus 1, the subject can do the exercise for the functional recovery of the heart by always adjusting the exercise load to the optimum state according to the subject's heart condition without excessively increasing the exercise load according to the pedaling motion of the bicycle ergometer 2.”).
Regarding claim 6, wherein the at least one measurement device associated with the person comprises a wearable device (pulse oximeter 41).
Regarding claim 7, further comprising: setting the target physical exercise strategy based on at least one input of a user, wherein the at least one input corresponds to an exercise decision determined by the user ([0034] Furthermore, the display unit (synchronous video display unit) 9 for the bicycle ergometer 2 is provided within a field of vision of the subject in a state of being seated on the bicycle ergometer 2 and is designed to display a video which changes in synchronization with the pedaling motion of the subject in accordance with the control by the motion assisting unit 4.
[0035] Consequently, the subject can continuously perform the exercise for the functional recovery of their heart in a positive mood (by recognizing a sense of accomplishment) while experiencing, through a visual check, an exercise amount (a state of progress) by the pedaling motion.).
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sankai (US PGPub. 2022/018315). Sankai describes the same invention as claimed, including:
Regarding claim 13, A controller configurable with at least one physical exercise strategy and integrated into an exercise device, the controller (control apparatus 24) comprising: at least one processor (Fig. 3, “control unit”); and a memory (data storage unit 29) communicatively connected with the at least one processor; wherein the memory stores instructions executable by the at least one processor, and the instructions, when executed by the at least one processor, cause the at least one processor to: control a device setting of the exercise device, based on a target physical exercise strategy among the at least one physical exercise strategy (para. 64: “the control unit 32 performs voluntary control of the load torque of the drive unit 8 for the bicycle ergometer 2 to generate the running torque and the rotational speed of the crank 7 according to the subject's intention and performs autonomous control of the load torque of the drive unit 8 for the bicycle ergometer 2 to generate the assisting power for the subject's pedaling motion as described later. Then, the control unit 32 is designed to control the pedaling motion by adjusting the hybrid ratio of the voluntary control and the autonomous control on the basis of the outputs from the biological activity detection unit 3 so as to not increase the subject's exercise load excessively.”); and output an exercise guidance for physical exercise of a person, wherein the exercise guidance is comprised in the target physical exercise strategy and is used to provide a guidance for the physical exercise to the person (“[0034] Furthermore, the display unit (synchronous video display unit) 9 for the bicycle ergometer 2 is provided within a field of vision of the subject in a state of being seated on the bicycle ergometer 2 and is designed to display a video which changes in synchronization with the pedaling motion of the subject in accordance with the control by the motion assisting unit 4.[0035] Consequently, the subject can continuously perform the exercise for the functional recovery of their heart in a positive mood (by recognizing a sense of accomplishment) while experiencing, through a visual check, an exercise amount (a state of progress) by the pedaling motion.”).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sankai (US PGPub. 2022/018315). Sankai describes the same invention as claimed, including:
Regarding claim 14: A system for assisting a person in physical exercise, comprising a controller (control apparatus 24) configurable with at least one physical exercise strategy and integrated into an exercise device (Fig. 1); wherein the controller comprises at least one processor (Fig. 3, “control unit”), and a memory (data storage unit 29) communicatively connected with the at least one processor, the memory stores instructions executable by the at least one processor, and the instructions, when executed by the at least one processor, cause the at least one processor to: control a device setting of the exercise device, based on a target physical exercise strategy among the at least one physical exercise strategy (para. 64: “the control unit 32 performs voluntary control of the load torque of the drive unit 8 for the bicycle ergometer 2 to generate the running torque and the rotational speed of the crank 7 according to the subject's intention and performs autonomous control of the load torque of the drive unit 8 for the bicycle ergometer 2 to generate the assisting power for the subject's pedaling motion as described later. Then, the control unit 32 is designed to control the pedaling motion by adjusting the hybrid ratio of the voluntary control and the autonomous control on the basis of the outputs from the biological activity detection unit 3 so as to not increase the subject's exercise load excessively.”); and output an exercise guidance for the physical exercise, wherein the exercise guidance is comprised in the target physical exercise strategy and is used to provide a guidance for the physical exercise to the person (“[0034] Furthermore, the display unit (synchronous video display unit) 9 for the bicycle ergometer 2 is provided within a field of vision of the subject in a state of being seated on the bicycle ergometer 2 and is designed to display a video which changes in synchronization with the pedaling motion of the subject in accordance with the control by the motion assisting unit 4.[0035] Consequently, the subject can continuously perform the exercise for the functional recovery of their heart in a positive mood (by recognizing a sense of accomplishment) while experiencing, through a visual check, an exercise amount (a state of progress) by the pedaling motion.”).
Regarding claim 15, wherein the instructions, when executed by the at least one processor, cause the at least one processor to: receive a physiological parameter of the person (via biological activity detection unit 3) transmitted by at least one measurement device associated with the person (pulse oximeter 41); and adjust, based on the physiological parameter and the target physical exercise strategy, the device setting of the exercise device (optimum torque adjustment unit 15).
Regarding claim 16, wherein the instructions, when executed by the at least one processor, further cause the at least one processor to: set the target physical exercise strategy based on at least one input of a user, wherein the at least one input corresponds to an exercise decision determined by the user ([0034] Furthermore, the display unit (synchronous video display unit) 9 for the bicycle ergometer 2 is provided within a field of vision of the subject in a state of being seated on the bicycle ergometer 2 and is designed to display a video which changes in synchronization with the pedaling motion of the subject in accordance with the control by the motion assisting unit 4.
[0035] Consequently, the subject can continuously perform the exercise for the functional recovery of their heart in a positive mood (by recognizing a sense of accomplishment) while experiencing, through a visual check, an exercise amount (a state of progress) by the pedaling motion.).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sankai (US PGPub. 2022/018315) in view of Stubbs et al. (US Pat. 6,736,759). Sankai describes the invention substantially as claimed, but does not show:
The method according to claim 4, wherein when the value of the SpO2 is lower than the first preset threshold, and the method further comprises: determining whether the value of the SpO2 is lower than a second preset threshold comprised in the target physical exercise strategy, wherein the second preset threshold is lower than the first preset threshold; and outputting an alarm signal in a case that the SpO2 of the person is lower than the second preset threshold.
Stubbs, from the same field of endeavor, teaches that it is known in the art to provide multiple thresholds for SpO2 and alert the user if SpO2 falls too low (Stubbs col. 3, lines 45-51: “The monitoring system may further include at least one audible or visual alarms which is activated when data provided by at least one of the electronic positioning device and the physiological monitor does not meet a predetermined target (e.g., when the user's speed, blood oxygen level or heart rate exceeds or falls short of a predetermined target).” And col. 5, lines 1-7: “It should be noted that the selected (or predetermined) blood oxygen level may comprise a range or a target "setpoint". In fact, multiple predetermined blood oxygen levels may be employed, such that the subject's blood oxygen level is sequentially maintained at multiple selected levels (i.e., interval training). The subject's blood oxygen level may be maintained at each selected level:” and col. 5, lines 23-32: “In order to facilitate the method of controlling the subject's performance of a physical activity, an alarm may be provided. The alarm may be configured to indicate (i.e., provide an audible and/or visible indicia) when the subject's blood oxygen level is not at the selected level (e.g., outside of a selected range, or not within a certain percentage of a setpoint). A display unit configured for displaying the subject's blood oxygen level may also be provided in order to facilitate performance of the method of controlling.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include the specific oxygen alarms taught by Stubbs on the device of Sankai. Doing so provides the predictable result of guiding training of the user’s heart without exceeding safe limits. Therefore, it would have been prima facie obvious to modify Sankai as taught by Stubbs to obtain the invention as claimed.
Claim(s) 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Sankai (US PGPub. 2022/018315) in view of Foley et al. (US PGPub. 2018/0318647). Sankai describes the invention substantially as claimed, does not show, but Foley, from the same field of endeavor, teaches:
Regarding claim 8, Foley teaches wherein the exercise device comprises a touch screen communicatively connected with the controller, and the method further comprises: receiving the at least one input of the user through the touch screen (Foley para. 43: “Display screen 104 may be driven by a user input device such as a touchscreen, mouse, or other device. In various exemplary embodiments a touchscreen display is mounted on the stationary bike generally centered between the handlebars and located just below the handlebars.” And para. 44: “In various exemplary embodiments the user can use a touchscreen or other interface to selectively present a range of different information on the screen including live and/or archived video, performance data, and other user and system information.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include the touchscreen of Foley on the device of Sankai. Doing so provides the predictable result of allowing the user to select exercise programming and navigate system settings. Therefore, it would have been prima facie obvious to modify Sankai as taught by Foley to obtain the invention as claimed.
Regarding claim 9, Foley teaches wherein the exercise device further comprises a speaker communicatively connected with the controller, and outputting the exercise guidance for the physical exercise comprises: outputting the exercise guidance for the physical exercise through at least one of the touch screen and the speaker (Foley para. 63: “The local system may include one or more video cameras, microphones, and/or audio outputs such as speakers or audio connectors.”).
Before the effective filing date of the claimed invention, it would have been obvious to include speakers as taught by Foley on the device of Sankai. Doing so provides the predictable result of enabling audio output along with video simulations of exercise programs, providing an immersive and engaging experience for the user. Therefore, it would have been prima facie obvious to modify Sankai as taught by Foley to obtain the invention as claimed.
Regarding claim 10, Foley teaches wherein before the setting the target physical exercise strategy based on the at least one input of the user, and the method further comprises: receiving authentication information input by the user; and determining, according to the authentication information, whether the user has an authority for accessing the at least one physical exercise strategy (Foley para. 85: “In various exemplary embodiments, users can log in and/or access the system and account information via any appropriate communication technology including without limitation NFC, Bluetooth, WAN, etc. Users can also be provided with a cardkey, FOB, or other device or the stationary bike can provided with facial recognition or voice recognition technology that automatically logs the user in and accesses their account information. Users can login from their home stationary bike or from any other bike that can access the system. Thus, while traveling a user can still access their complete account history, all content, and all features from any networked stationary bike such as at a hotel, a gym, or a cycling studio in a different location.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include authentication information as taught by Foley on the device of Sankai. Doing so provides the predictable result of allowing the user to access stored performance parameters or machine settings or programming. Therefore, it would have been prima facie obvious to modify Sankai as taught by Foley to obtain the invention as claimed.
Regarding claim 11, Foley teaches further comprising: outputting a reminder signal at a start time of the physical exercise, wherein the start time is comprised in the target physical exercise strategy, and the reminder signal is used to remind the person that it is time for physical exercise (Fogley para. 76: “In various exemplary embodiments, the networked exercise system and methods may allow users to create accounts and save and manage their performance data. As discussed above, the system may allow users to browse schedules for upcoming live classes, signup for future live streaming classes, and setup reminders. Users may also be able to invite others to participate in a live class, and setup text, email, voice, or other notifications and calendar entries.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include scheduling and reminder functions as taught by Foley on the device of Sankai. Doing so provides the predictable result of allowing the user to fit exercise into their busy schedule. Therefore, it would have been prima facie obvious to modify Sankai as taught by Foley to obtain the invention as claimed.
Regarding claim 12, Foley teaches further comprising: receiving a stop instruction, wherein the stop instruction is input by the person by pressing a stop button on the exercise device; and controlling the exercise device to stop running (Foley’s resistance control knob 124 functions as a stop when the user pushes down on it).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include the stop function of Foley on the device of Sankai. Doing so provides the predictable result of allowing the user to stop exercising if needed. Therefore, it would have been prima facie obvious to include a stop function as taught by Foley on the device of Sankai to obtain the invention as claimed.
Claim(s) 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sankai (US PGPub. 2022/018315) in view of Foley et al. (US PGPub. 2018/0318647). Sankai describes the invention substantially as claimed, does not show, but Foley, from the same field of endeavor, teaches:
Regarding claim 17, Foley teaches wherein the exercise device comprises a touch screen communicatively connected with the controller, and the method further comprises: receiving the at least one input of the user through the touch screen (Foley para. 43: “Display screen 104 may be driven by a user input device such as a touchscreen, mouse, or other device. In various exemplary embodiments a touchscreen display is mounted on the stationary bike generally centered between the handlebars and located just below the handlebars.” And para. 44: “In various exemplary embodiments the user can use a touchscreen or other interface to selectively present a range of different information on the screen including live and/or archived video, performance data, and other user and system information.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include the touchscreen of Foley on the device of Sankai. Doing so provides the predictable result of allowing the user to select exercise programming and navigate system settings. Therefore, it would have been prima facie obvious to modify Sankai as taught by Foley to obtain the invention as claimed.
Regarding claim 18, Foley teaches wherein the exercise device further comprises a speaker communicatively connected with the controller, and outputting the exercise guidance for the physical exercise comprises: outputting the exercise guidance for the physical exercise through at least one of the touch screen and the speaker (Foley para. 63: “The local system may include one or more video cameras, microphones, and/or audio outputs such as speakers or audio connectors.”).
Before the effective filing date of the claimed invention, it would have been obvious to include speakers as taught by Foley on the device of Sankai. Doing so provides the predictable result of enabling audio output along with video simulations of exercise programs, providing an immersive and engaging experience for the user. Therefore, it would have been prima facie obvious to modify Sankai as taught by Foley to obtain the invention as claimed.
Regarding claim 19, Foley teaches wherein before the setting the target physical exercise strategy based on the at least one input of the user, and the method further comprises: receiving authentication information input by the user; and determining, according to the authentication information, whether the user has an authority for accessing the at least one physical exercise strategy (Foley para. 85: “In various exemplary embodiments, users can log in and/or access the system and account information via any appropriate communication technology including without limitation NFC, Bluetooth, WAN, etc. Users can also be provided with a cardkey, FOB, or other device or the stationary bike can provided with facial recognition or voice recognition technology that automatically logs the user in and accesses their account information. Users can login from their home stationary bike or from any other bike that can access the system. Thus, while traveling a user can still access their complete account history, all content, and all features from any networked stationary bike such as at a hotel, a gym, or a cycling studio in a different location.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include authentication information as taught by Foley on the device of Sankai. Doing so provides the predictable result of allowing the user to access stored performance parameters or machine settings or programming. Therefore, it would have been prima facie obvious to modify Sankai as taught by Foley to obtain the invention as claimed.
Regarding claim 20, Foley teaches further comprising: outputting a reminder signal at a start time of the physical exercise, wherein the start time is comprised in the target physical exercise strategy, and the reminder signal is used to remind the person that it is time for physical exercise (Fogley para. 76: “In various exemplary embodiments, the networked exercise system and methods may allow users to create accounts and save and manage their performance data. As discussed above, the system may allow users to browse schedules for upcoming live classes, signup for future live streaming classes, and setup reminders. Users may also be able to invite others to participate in a live class, and setup text, email, voice, or other notifications and calendar entries.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to include scheduling and reminder functions as taught by Foley on the device of Sankai. Doing so provides the predictable result of allowing the user to fit exercise into their busy schedule. Therefore, it would have been prima facie obvious to modify Sankai as taught by Foley to obtain the invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 for cited art of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNDHARA M GANESAN whose telephone number is (571)272-3340. The examiner can normally be reached 9:30AM-5:30PM.
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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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/SUNDHARA M GANESAN/Primary Examiner, Art Unit 3784
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