Prosecution Insights
Last updated: October 04, 2026
Application No. 18/777,189

DIGITAL STRENGTH TRAINING

Final Rejection §103
Filed
Jul 18, 2024
Priority
Jul 25, 2016 — provisional 62/366,573 +5 more
Examiner
GANESAN, SUNDHARA M
Art Unit
3784
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Tonal Systems Inc.
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
473 granted / 673 resolved
At TC average
Strong +26% interview lift
Without
With
+25.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
16 currently pending
Career history
691
Total Applications
across all art units

Statute-Specific Performance

§101
7.1%
-32.9% vs TC avg
§103
39.5%
-0.5% vs TC avg
§102
29.7%
-10.3% vs TC avg
§112
14.9%
-25.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 673 resolved cases

Office Action

§103
NOTICE OF ALLOWABILITY 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 . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 2-9 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bird (US PGPub. 2014/0038777) in view of Chi (US Pat. 5,433,678). Bird describes the invention substantially as claimed, including: Regarding claim 2, Bird shows: An exercise machine, comprising: an actuator (110); a motor (120 or 102); a cable (114) coupled between the actuator and the motor (Fig. 1); and a processor (106) configured to: monitor a range of motion associated with a user of the exercise machine (para. 307: “In some systems, the stroke range for an exercise is defined through the execution of a calibration routine. Stroke is the distance between the calibrated stroke start value and stroke stop value, which correlates with the range of motion for a given exercise. Stroke length can vary by exercise, and a stroke will likely fall within the full range of motion for the resistance mechanism. Referring now to FIG. 41 and FIG. 42, the host computing device 106 displays the calibration options 4100 upon detection of a Calibrate button 4002 (see FIG. 40) press event. In some implementations, calibration can be manual 4102 and/or machine-assisted 4104. In the case of a manual calibration, the stroke start value 4202 and stroke stop value 4204 can be entered manually. In some instances, the current position value is displayed and can provide guidance for setting the values manually 4206. In the case of machine-assisted calibration, the user may be prompted to engage in a series of stroke-related actions that generate values used by the controller 104 to determine the stroke start value and the stroke stop value.”), wherein the actuator is moving in a first direction during a first portion of the range of motion and a second direction during a second portion of the range of motion, wherein the first direction is opposite the second direction (para. 36: “The controller senses one or more of stroke direction of the flexible member, stroke location, flexible member position, and velocity of the cable in real-time. The controller changes the DC motor current and thus exercise resistance depending on one or more of the sensed aspects. For example, sensing of real-time cable position and, optionally, velocity can allow the controller to vary resistance as a function of sensed position and, optionally, velocity.” And para. 221: “The controller board 2414 receives input from the position pot (potentiometer) 115-c, which is connected to a cable drive shaft, such as DC motor shaft 324 and/or drive shaft 332. The input from the position pot 115-c allows the controller board 2414 to determine the position and/or velocity of the cable 108, 904, 916 supplying the exercise resistance to the user, and control the DC motor 102-o based on that information and input from the host computing device 106, which is in 2-way communication with the controller board 2414.”); cause the motor to rotate in a direction opposite the first direction using a first amount of torque during the first portion of the range of motion (para. 311: “Referring now to FIG. 45, the host computing device 106 detects the selection of a static forced negative exercise profile 4502. In response, the host computing device 106 displays a prompt for the resistance out 4504, which is the force to be applied during the out stroke,”) and cause the motor to rotate in a direction opposite the second direction using a second amount of torque during the second portion of the range of motion (para. 314: “In some embodiments, the controller 104 detects if the stroke stop position is reached 4602 by determining if the relative cable position is equal to the stroke stop value 4602-a. If the controller 104 detects this condition, resistance is increased 4604 at the rate defined by the pounds per second value 4604-a”), wherein a magnitude of the first amount of torque is different than a magnitude of the second amount of torque (Fig. 51A and para. 316: “Out-stroke resistance is set 5112 to 60 lbs. for example. This resistance is applied through cable 108 from the start stroke position 5102 to the end stroke position 5106. At the end stroke position 5106, the resistance will then ramp up at a rate chosen by a user, or a predetermined rate if so selected, to an in-stroke resistance level 5114, which in the embodiment shown, is 80 lbs.”). Bird does not show: and apply a filter that adjusts the torque applied by the motor based on a direction of movement of the cable, the filter: increasing the torque applied by the motor during a spooling phase corresponding to an eccentric phase: and decreasing the torque applied by the motor during an unspooling phase corresponding to a concentric phase, to compensate for friction, inertia, or momentum of the motor, cable, or associated components such that tension experienced by the user more closely matches a target tension Chi, from the same field of endeavor, teaches that it is known in the art to apply a filter (Chi torque switch 8 in combination with processor 63) that adjusts the torque applied by the motor based on a direction of movement of the cable, the filter: increasing the torque applied by the motor during a spooling phase corresponding to an eccentric phase: and decreasing the torque applied by the motor during an unspooling phase corresponding to a concentric phase, to compensate for friction, inertia, or momentum of the motor, cable, or associated components such that tension experienced by the user more closely matches a target tension (Chi col. 5, lines 16-56: “By means of the aforementioned controller circuit device, the cable 33, when pulled out by the user during low weight, will cause the winding drum 32 to rotate in reverse direction therein driving the main shaft 31 through the torque switch 8 inside the said winding drum 32 (please consult above FIGS. 5, 6, 7 for details concerning their construction and operation). Hence, the roller clutch 45 drives the timing pulley 42 thereby driving the timing belt 43 and timing pinion 41 then turning the armature of motor 11. Due to the reverse rotation of the armature of said motor 11, the motor is turned into a generator. The tension of cable 33 is controlled by control panel 65 and electronic load 62. In this case, the tension of cable 33 creates a torque greater than that of pre-set in torque switch 8 and therefore the contact point of the switch will open. When cable 33 is released by the user, said motor 11 will switch from a generator function to a motor function. The system's inertia and friction makes the cable unable to be rewound in light weight condition. At this instant, the torque of the winding drum is less than the pre-set value in torque switch 8 causing the contact point of the switch (the contact device 87 and conducting strip 85 in FIG. 7) to remain in a contact position. This enables the feedback signal is transmitted to the adder at processor 63, therein enabling the current to said motor 11 to be compensated to a level where the motor armature will accelerated rapidly. This forward torque passes in sequence through the timing pinion 41, timing belt 43, timing pulley 42 and roller clutch 45 (located inside the large timing pulley ) driving the main shaft 31 and winding drum 32 causing the slackended cable 33 to be rewound rapidly. When the torque of main shaft 31 passing through torque switch 8 to winding drum 32 is greater than the torque pre-setting, the switch contact point will open again thereby interrupting the feedback compensation current. By means of this ON-OFF response, the inertial acceleration in the system can be overcome allowing cable 33 to keep pace with the user's exercise speed and giving the user the feel and comfort of conventional weight stack systems.”). 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 torque filter of Chi on the device of Bird. Doing so provides the predictable result of enhancing the feel of the exercise machine to more closely simulate a weight stack. Therefore, it would have been obvious to a person having ordinary skill in the art to include the filter of Chi on the device of Bird to obtain the invention as claimed. Regarding claim 3, Bird shows wherein the magnitude of the first amount of torque is greater than the magnitude of the second amount of torque (Bird para. 336: “Referring now to FIG. 60 and FIG. 61, one or more discreet positions in the stroke range are set 6102 and associated with a resistance value 6104. The controller generates a list of positions ordered by position 6106. The controller obtains the absolute resistance mechanism position, in this example from a position potentiometer 115, and calculates the relative position in the stroke range 6108. The controller 104 detects if the defined stroke position is obtained 6002, in this case, by traversing the list for each relative position as it is calculated to determine if the relative position matches a discreet position in the list 6002-a. If a match is found, the associated resistance value is obtained 6004, and resistance is set to the position resistance value associated with the matching position 6006, in this example, a cable position 6006-a.”). Regarding claim 4, Bird shows wherein the magnitude of the second amount of torque is greater than the magnitude of the first amount of torque (Bird for example as in the forced negative resistance profile depicted in Fig. 51). Regarding claim 5, Bird shows wherein the processor is configured to cause the motor to change from the first amount of torque to the second amount of torque after the actuator has moved more than a threshold percentage of a full range of motion of the range of motion associated with the user (Bird para. 314: “In some embodiments, the controller 104 detects if the stroke stop position is reached 4602 by determining if the relative cable position is equal to the stroke stop value 4602-a. If the controller 104 detects this condition, resistance is increased 4604 at the rate defined by the pounds per second value 4604-a”). Regarding claim 6, Bird shows wherein the threshold percentage is 80% (Bird para. 309: “Once stroke calibration is complete, a full stroke indicator can be provided. Referring now to FIG. 44, the host computing device 106 obtains the stroke start value and stroke stop value from the host 106 resident memory 4402, 4404. In some instances, the absolute position of the resistance mechanism, in this example the absolute cable position, is obtained 4406 by the controller 104 from the potentiometer 115. The host computing device 106 then calculates the relative cable position 4408 using an algorithm such as, for example, ((Absolute Position)-(Stroke Start))/((Stroke Start)-(Stroke Stop)), which can then be used to plot the relative cable position along a calibrated stroke range continuum 4410, 4412.”). Regarding claim 7, Bird shows wherein the change from the magnitude of the first amount of torque to the magnitude of the second amount of torque is linear (Bird para. 312: “In some embodiments, the resistance system 100 maintains a constant resistance level without accounting for retraction speed. Referring now to FIG. 46 and FIG. 47, the controller 104 obtains the resistance out 4702, pounds per second 4704, stroke start value 4706, and the stroke stop value 4708 from EEPROM or an alternative persistent memory store. In this example, the controller 104 receives the absolute cable position 4710 from the potentiometer 115 and calculates the relative cable position. In some embodiments, the controller 104 detects if the stroke stop position is reached 4602 by determining if the relative cable position is equal to the stroke stop value 4602-a. If the controller 104 detects this condition, the resistance level is increased 4604 at the rate defined by the pounds per second value 4604-a. The user may attempt to hold the position as the machine increases the resistance. In this example, until cable retraction is detected 4606, resistance continues to increase 4604 at the rate defined by the pounds per second value 4604-a. In some implementations, upon detection of cable retraction 4606, the resistance level can be held constant 4608 until the controller 104 detects the stroke start position is obtained 4610-a. The resistance level is then set to the resistance out value 4612.”). Regarding claim 8, Bird shows wherein the processor is configured to cause the motor to apply an intermediate amount of torque having a magnitude that is greater than the magnitude of the first amount of torque and less than the magnitude of the second amount of torque during a portion of a transition period when the actuator is moving from the first direction to the second direction (Bird para. 314: “In some embodiments, the controller 104 detects if the stroke stop position is reached 4602 by determining if the relative cable position is equal to the stroke stop value 4602-a. If the controller 104 detects this condition, resistance is increased 4604 at the rate defined by the pounds per second value 4604-a. The user may attempt to hold the position as the machine increases the resistance. In this example, until cable retraction is detected 4606, resistance continues to increase 4604 at the rate defined by the pounds per second value 4604-a.”). Regarding claim 9, Bird shows wherein the second amount of torque is used after the actuator is held at a full range of motion position associated with the first direction for a threshold amount of time (Bird para. 312: “In some embodiments, the controller 104 detects if the stroke stop position is reached 4602 by determining if the relative cable position is equal to the stroke stop value 4602-a. If the controller 104 detects this condition, the resistance level is increased 4604 at the rate defined by the pounds per second value 4604-a. The user may attempt to hold the position as the machine increases the resistance.”). Regarding claim 11, Bird shows wherein the actuator is handle, a bar, or a strap (Bird 110, Fig. 1 depicts a handle). Regarding claim 12, Bird shows wherein the range of motion associated with the user of the exercise machine is monitored using a position encoder (Bird para. 336: “Referring now to FIG. 60 and FIG. 61, one or more discreet positions in the stroke range are set 6102 and associated with a resistance value 6104. The controller generates a list of positions ordered by position 6106. The controller obtains the absolute resistance mechanism position, in this example from a position potentiometer 115, and calculates the relative position in the stroke range 6108. The controller 104 detects if the defined stroke position is obtained 6002, in this case, by traversing the list for each relative position as it is calculated to determine if the relative position matches a discreet position in the list 6002-a. If a match is found, the associated resistance value is obtained 6004, and resistance is set to the position resistance value associated with the matching position 6006, in this example, a cable position 6006-a.”). Regarding claim 13, Bird shows wherein the cable is wrapped around a spool (Bird take-up reel 908). Regarding claim 14, Bird shows wherein the spool is coupled to the motor (Bird Fig. 9). Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bird (US PGPub. 2014/0038777) in view of Chi (US Pat. 5,433,678) as applied to claim 2 above, and further in view of Lu (US PGPub. 2017/0173396). Bird describes the same invention as claimed, but does not show: Regarding claim 10, wherein the motor is a pancake motor. Lu, from the same field of endeavor, teaches that it is known in the art to use a pancake motor in a strength training exercise machine (Lu para. 57: “The position of the motor (1): A permanent magnet DC brushless motor is a wheel hub motor comprised of a plurality of permanent magnets.”). 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 motor taught by Lu on the device of Bird. Doing so provides the predictable result of reducing the overall profile of the device to save weight and space. Therefore, it would have been prima facie obvious to modify Bird as taught by Lu to obtain the invention as claimed. Claim(s) 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bird (US PGPub. 2014/0038777) in view of Chi (US Pat. 5,433,678). Bird describes the invention substantially as claimed, including: Regarding claim 15, A method, comprising: monitoring a range of motion associated with a user of an exercise machine (para. 307: “In some systems, the stroke range for an exercise is defined through the execution of a calibration routine. Stroke is the distance between the calibrated stroke start value and stroke stop value, which correlates with the range of motion for a given exercise. Stroke length can vary by exercise, and a stroke will likely fall within the full range of motion for the resistance mechanism. Referring now to FIG. 41 and FIG. 42, the host computing device 106 displays the calibration options 4100 upon detection of a Calibrate button 4002 (see FIG. 40) press event. In some implementations, calibration can be manual 4102 and/or machine-assisted 4104. In the case of a manual calibration, the stroke start value 4202 and stroke stop value 4204 can be entered manually. In some instances, the current position value is displayed and can provide guidance for setting the values manually 4206. In the case of machine-assisted calibration, the user may be prompted to engage in a series of stroke-related actions that generate values used by the controller 104 to determine the stroke start value and the stroke stop value.”), wherein an actuator (110) associated with the exercise machine is moving in a first direction during a first portion of the range of motion and a second direction during a second portion of the range of motion, wherein the first direction is opposite the second direction (para. 36: “The controller senses one or more of stroke direction of the flexible member, stroke location, flexible member position, and velocity of the cable in real-time. The controller changes the DC motor current and thus exercise resistance depending on one or more of the sensed aspects. For example, sensing of real-time cable position and, optionally, velocity can allow the controller to vary resistance as a function of sensed position and, optionally, velocity.” And para. 221: “The controller board 2414 receives input from the position pot (potentiometer) 115-c, which is connected to a cable drive shaft, such as DC motor shaft 324 and/or drive shaft 332. The input from the position pot 115-c allows the controller board 2414 to determine the position and/or velocity of the cable 108, 904, 916 supplying the exercise resistance to the user, and control the DC motor 102-o based on that information and input from the host computing device 106, which is in 2-way communication with the controller board 2414.”); causing a motor (120 or 102) associated with the exercise machine to rotate in a direction opposite the first direction using a first amount of torque during the first portion of the range of motion (para. 311: “Referring now to FIG. 45, the host computing device 106 detects the selection of a static forced negative exercise profile 4502. In response, the host computing device 106 displays a prompt for the resistance out 4504, which is the force to be applied during the out stroke,”), wherein the actuator is coupled to the motor via a cable (114); and causing the motor associated with the exercise machine to rotate in a direction opposite the second direction using a second amount of torque during the second portion of the range of motion (para. 314: “In some embodiments, the controller 104 detects if the stroke stop position is reached 4602 by determining if the relative cable position is equal to the stroke stop value 4602-a. If the controller 104 detects this condition, resistance is increased 4604 at the rate defined by the pounds per second value 4604-a”), wherein a magnitude of the first amount of torque is different than a magnitude of the second amount of torque (Fig. 51A and para. 316: “Out-stroke resistance is set 5112 to 60 lbs. for example. This resistance is applied through cable 108 from the start stroke position 5102 to the end stroke position 5106. At the end stroke position 5106, the resistance will then ramp up at a rate chosen by a user, or a predetermined rate if so selected, to an in-stroke resistance level 5114, which in the embodiment shown, is 80 lbs.”). Bird does not show: and apply a filter that adjusts the torque applied by the motor based on a direction of movement of the cable, the filter: increasing the torque applied by the motor during a spooling phase corresponding to an eccentric phase: and decreasing the torque applied by the motor during an unspooling phase corresponding to a concentric phase, to compensate for friction, inertia, or momentum of the motor, cable, or associated components such that tension experienced by the user more closely matches a target tension Chi, from the same field of endeavor, teaches that it is known in the art to apply a filter (Chi torque switch 8 in combination with processor 63) that adjusts the torque applied by the motor based on a direction of movement of the cable, the filter: increasing the torque applied by the motor during a spooling phase corresponding to an eccentric phase: and decreasing the torque applied by the motor during an unspooling phase corresponding to a concentric phase, to compensate for friction, inertia, or momentum of the motor, cable, or associated components such that tension experienced by the user more closely matches a target tension (Chi col. 5, lines 16-56: “By means of the aforementioned controller circuit device, the cable 33, when pulled out by the user during low weight, will cause the winding drum 32 to rotate in reverse direction therein driving the main shaft 31 through the torque switch 8 inside the said winding drum 32 (please consult above FIGS. 5, 6, 7 for details concerning their construction and operation). Hence, the roller clutch 45 drives the timing pulley 42 thereby driving the timing belt 43 and timing pinion 41 then turning the armature of motor 11. Due to the reverse rotation of the armature of said motor 11, the motor is turned into a generator. The tension of cable 33 is controlled by control panel 65 and electronic load 62. In this case, the tension of cable 33 creates a torque greater than that of pre-set in torque switch 8 and therefore the contact point of the switch will open. When cable 33 is released by the user, said motor 11 will switch from a generator function to a motor function. The system's inertia and friction makes the cable unable to be rewound in light weight condition. At this instant, the torque of the winding drum is less than the pre-set value in torque switch 8 causing the contact point of the switch (the contact device 87 and conducting strip 85 in FIG. 7) to remain in a contact position. This enables the feedback signal is transmitted to the adder at processor 63, therein enabling the current to said motor 11 to be compensated to a level where the motor armature will accelerated rapidly. This forward torque passes in sequence through the timing pinion 41, timing belt 43, timing pulley 42 and roller clutch 45 (located inside the large timing pulley ) driving the main shaft 31 and winding drum 32 causing the slackened cable 33 to be rewound rapidly. When the torque of main shaft 31 passing through torque switch 8 to winding drum 32 is greater than the torque pre-setting, the switch contact point will open again thereby interrupting the feedback compensation current. By means of this ON-OFF response, the inertial acceleration in the system can be overcome allowing cable 33 to keep pace with the user's exercise speed and giving the user the feel and comfort of conventional weight stack systems.”). 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 torque filter of Chi on the device of Bird. Doing so provides the predictable result of enhancing the feel of the exercise machine to more closely simulate a weight stack. Therefore, it would have been obvious to a person having ordinary skill in the art to include the filter of Chi on the device of Bird to obtain the invention as claimed. Regarding claim 16, Bird shows wherein the magnitude of the first amount of torque is greater than the magnitude of the second amount of torque (Bird para. 336: “Referring now to FIG. 60 and FIG. 61, one or more discreet positions in the stroke range are set 6102 and associated with a resistance value 6104. The controller generates a list of positions ordered by position 6106. The controller obtains the absolute resistance mechanism position, in this example from a position potentiometer 115, and calculates the relative position in the stroke range 6108. The controller 104 detects if the defined stroke position is obtained 6002, in this case, by traversing the list for each relative position as it is calculated to determine if the relative position matches a discreet position in the list 6002-a. If a match is found, the associated resistance value is obtained 6004, and resistance is set to the position resistance value associated with the matching position 6006, in this example, a cable position 6006-a.”). Regarding claim 17, Bird shows wherein the magnitude of the second amount of torque is greater than the magnitude of the first amount of torque (for example as in the forced negative resistance profile depicted in Bird’s Fig. 51). Regarding claim 18, Bird further comprising causing the motor to change from the first amount of torque to the second amount of torque after the actuator has moved more than a threshold percentage of a full range of motion of the range of motion associated with the user (Bird para. 314: “In some embodiments, the controller 104 detects if the stroke stop position is reached 4602 by determining if the relative cable position is equal to the stroke stop value 4602-a. If the controller 104 detects this condition, resistance is increased 4604 at the rate defined by the pounds per second value 4604-a”). Regarding claim 19, Bird further comprising causing the motor to apply an intermediate amount of torque having a magnitude that is greater than the magnitude of the first amount of torque and less than the magnitude of the second amount of torque during a portion of a transition period when the actuator is moving from the first direction to the second direction (Bird para. 314: “In some embodiments, the controller 104 detects if the stroke stop position is reached 4602 by determining if the relative cable position is equal to the stroke stop value 4602-a. If the controller 104 detects this condition, resistance is increased 4604 at the rate defined by the pounds per second value 4604-a. The user may attempt to hold the position as the machine increases the resistance. In this example, until cable retraction is detected 4606, resistance continues to increase 4604 at the rate defined by the pounds per second value 4604-a.”). Regarding claim 20, Bird shows wherein the actuator is handle, a bar, or a strap (Bird 110 depicts a handle in Fig. 1). Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Bird (US PGPub. 2014/0038777) in view of Chi (US Pat. 5,433,678). Bird describes the invention substantially as claimed, including: Regarding claim 21, A computer program product embodied in a non-transitory computer readable medium and comprising computer instructions for: monitoring a range of motion associated with a user of an exercise machine (para. 307: “In some systems, the stroke range for an exercise is defined through the execution of a calibration routine. Stroke is the distance between the calibrated stroke start value and stroke stop value, which correlates with the range of motion for a given exercise. Stroke length can vary by exercise, and a stroke will likely fall within the full range of motion for the resistance mechanism. Referring now to FIG. 41 and FIG. 42, the host computing device 106 displays the calibration options 4100 upon detection of a Calibrate button 4002 (see FIG. 40) press event. In some implementations, calibration can be manual 4102 and/or machine-assisted 4104. In the case of a manual calibration, the stroke start value 4202 and stroke stop value 4204 can be entered manually. In some instances, the current position value is displayed and can provide guidance for setting the values manually 4206. In the case of machine-assisted calibration, the user may be prompted to engage in a series of stroke-related actions that generate values used by the controller 104 to determine the stroke start value and the stroke stop value.”), wherein an actuator (110) associated with the exercise machine is moving in a first direction during a first portion of the range of motion and a second direction during a second portion of the range of motion, wherein the first direction is opposite the second direction (para. 36: “The controller senses one or more of stroke direction of the flexible member, stroke location, flexible member position, and velocity of the cable in real-time. The controller changes the DC motor current and thus exercise resistance depending on one or more of the sensed aspects. For example, sensing of real-time cable position and, optionally, velocity can allow the controller to vary resistance as a function of sensed position and, optionally, velocity.” And para. 221: “The controller board 2414 receives input from the position pot (potentiometer) 115-c, which is connected to a cable drive shaft, such as DC motor shaft 324 and/or drive shaft 332. The input from the position pot 115-c allows the controller board 2414 to determine the position and/or velocity of the cable 108, 904, 916 supplying the exercise resistance to the user, and control the DC motor 102-o based on that information and input from the host computing device 106, which is in 2-way communication with the controller board 2414.”); causing a motor (120 or 102) associated with the exercise machine to rotate in a direction opposite the first direction using a first amount of torque during the first portion of the range of motion (para. 311: “Referring now to FIG. 45, the host computing device 106 detects the selection of a static forced negative exercise profile 4502. In response, the host computing device 106 displays a prompt for the resistance out 4504, which is the force to be applied during the out stroke,”), wherein the actuator (110) is coupled to the motor via a cable (114); and causing the motor associated with the exercise machine to rotate in a direction opposite the second direction using a second amount of torque during the second portion of the range of motion (para. 314: “In some embodiments, the controller 104 detects if the stroke stop position is reached 4602 by determining if the relative cable position is equal to the stroke stop value 4602-a. If the controller 104 detects this condition, resistance is increased 4604 at the rate defined by the pounds per second value 4604-a”), wherein a magnitude of the first amount of torque is different than a magnitude of the second amount of torque (Fig. 51A and para. 316: “Out-stroke resistance is set 5112 to 60 lbs. for example. This resistance is applied through cable 108 from the start stroke position 5102 to the end stroke position 5106. At the end stroke position 5106, the resistance will then ramp up at a rate chosen by a user, or a predetermined rate if so selected, to an in-stroke resistance level 5114, which in the embodiment shown, is 80 lbs.”). Bird does not show: and apply a filter that adjusts the torque applied by the motor based on a direction of movement of the cable, the filter: increasing the torque applied by the motor during a spooling phase corresponding to an eccentric phase: and decreasing the torque applied by the motor during an unspooling phase corresponding to a concentric phase, to compensate for friction, inertia, or momentum of the motor, cable, or associated components such that tension experienced by the user more closely matches a target tension Chi, from the same field of endeavor, teaches that it is known in the art to apply a filter (Chi torque switch 8 in combination with processor 63) that adjusts the torque applied by the motor based on a direction of movement of the cable, the filter: increasing the torque applied by the motor during a spooling phase corresponding to an eccentric phase: and decreasing the torque applied by the motor during an unspooling phase corresponding to a concentric phase, to compensate for friction, inertia, or momentum of the motor, cable, or associated components such that tension experienced by the user more closely matches a target tension (Chi col. 5, lines 16-56: “By means of the aforementioned controller circuit device, the cable 33, when pulled out by the user during low weight, will cause the winding drum 32 to rotate in reverse direction therein driving the main shaft 31 through the torque switch 8 inside the said winding drum 32 (please consult above FIGS. 5, 6, 7 for details concerning their construction and operation). Hence, the roller clutch 45 drives the timing pulley 42 thereby driving the timing belt 43 and timing pinion 41 then turning the armature of motor 11. Due to the reverse rotation of the armature of said motor 11, the motor is turned into a generator. The tension of cable 33 is controlled by control panel 65 and electronic load 62. In this case, the tension of cable 33 creates a torque greater than that of pre-set in torque switch 8 and therefore the contact point of the switch will open. When cable 33 is released by the user, said motor 11 will switch from a generator function to a motor function. The system's inertia and friction makes the cable unable to be rewound in light weight condition. At this instant, the torque of the winding drum is less than the pre-set value in torque switch 8 causing the contact point of the switch (the contact device 87 and conducting strip 85 in FIG. 7) to remain in a contact position. This enables the feedback signal is transmitted to the adder at processor 63, therein enabling the current to said motor 11 to be compensated to a level where the motor armature will accelerated rapidly. This forward torque passes in sequence through the timing pinion 41, timing belt 43, timing pulley 42 and roller clutch 45 (located inside the large timing pulley ) driving the main shaft 31 and winding drum 32 causing the slackended cable 33 to be rewound rapidly. When the torque of main shaft 31 passing through torque switch 8 to winding drum 32 is greater than the torque pre-setting, the switch contact point will open again thereby interrupting the feedback compensation current. By means of this ON-OFF response, the inertial acceleration in the system can be overcome allowing cable 33 to keep pace with the user's exercise speed and giving the user the feel and comfort of conventional weight stack systems.”). 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 torque filter of Chi on the device of Bird. Doing so provides the predictable result of enhancing the feel of the exercise machine to more closely simulate a weight stack. Therefore, it would have been obvious to a person having ordinary skill in the art to include the filter of Chi on the device of Bird to obtain the invention as claimed. Response to Arguments Applicant’s arguments with respect to claim(s) s 2-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In the remarks filed 4/24/26, Applicant argues that Bird does not disclose a filter to adjust torque based on a direction of movement. Examiner notes that Chi has been relied upon to teach this feature in the above Office Action. 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 SUNDHARA M GANESAN whose telephone number is (571)272-3340. The examiner can normally be reached 9:30AM-5:30PM. 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. /SUNDHARA M GANESAN/Primary Examiner, Art Unit 3784
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Prosecution Timeline

Jul 18, 2024
Application Filed
Jan 13, 2026
Non-Final Rejection mailed — §103
Apr 06, 2026
Interview Requested
Apr 13, 2026
Applicant Interview (Telephonic)
Apr 19, 2026
Examiner Interview Summary
Apr 24, 2026
Response Filed
Sep 09, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
96%
With Interview (+25.6%)
2y 7m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 673 resolved cases by this examiner. Grant probability derived from career allowance rate.

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