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 .
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) 2-9 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bird (US PGPub. 2014/0038777). Bird describes the same invention as claimed, including:
Regarding claim 2, 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.”).
Regarding claim 3, wherein the magnitude of the first amount of torque is greater than the magnitude of the second amount of torque (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, 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 Fig. 51).
Regarding claim 5, 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 (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, wherein the threshold percentage is 80% (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, wherein the change from the magnitude of the first amount of torque to the magnitude of the second amount of torque is linear (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, 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 (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, 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 (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, wherein the actuator is handle, a bar, or a strap (110, Fig. 1 depicts a handle).
Regarding claim 12, wherein the range of motion associated with the user of the exercise machine is monitored using a position encoder (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, wherein the cable is wrapped around a spool (take-up reel 908).
Regarding claim 14, wherein the spool is coupled to the motor (Fig. 9).
Claim(s) 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bird (US PGPub. 2014/0038777). Bird describes the same invention 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.”).
Regarding claim 16, wherein the magnitude of the first amount of torque is greater than the magnitude of the second amount of torque (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, 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 Fig. 51).
Regarding claim 18, 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 (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, 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 (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, wherein the actuator is handle, a bar, or a strap (110 depicts a handle in Fig. 1).
Claim(s) 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bird (US PGPub. 2014/0038777). Bird describes the same invention 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.”).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bird (US PGPub. 2014/0038777) 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.
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