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) 1-5, 7-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Andersen EP3341092). Andersen describes the same invention as claimed, including:
Regarding claim 1, A resistance system (figure 4A, para. 13) comprising: a flywheel (10) configured to be rotatably mounted to an exercise apparatus (1; para. 25: “An exemplary stationary exercise bicycle 1 is illustrated in the drawings. The bike 1 comprises a lower frame 2 housing the flywheel 10 rotating on the flywheel shaft 8 and the crankshaft 9 having crankarms 7 thereon”), the flywheel having an outer portion (10) adjacent to a perimeter of the flywheel, the outer portion comprising a first ferromagnetic material (para. 27: “Steel elements 10’ are attached to the outside side surface of the near the periphery of the flywheel 10 to form steel rings 10’ that increases the weight of the periphery of the flywheel 10 and improves the ferromagnetic properties of the periphery of the flywheel 10.”); a braking track (outer periphery of flywheel 10) disposed on or adjacent to the outer portion, the braking track comprising a material having a higher electrical conductivity than the first ferromagnetic material (para. 26: “The flywheel 10 is formed by two parallel aluminum plates mounted on a flange 23”); and a resistance apparatus (para. 30: “The magnetic resistance unit is mounted on the bottom plateau 11 between two vertical walls 21, 22. The resistance unit comprises a stepper motor 17 oriented such that the axis of rotation is parallel to the bottom plateau 11, a threaded bolt 19, a sliding seat 18, and a magnet holder 15 mounted on the sliding seat 18. This configuration ensures that the magnet holder 15 moves linearly relative to the bottom plateau 11 and thereby linearly relative to the rotation axis 8 of the flywheel 10.”, figures 3, 5) configured to be mounted to the exercise apparatus, the resistance apparatus comprising: at least one pair of magnets (para. 31: “the magnet holder 15 comprises two contact surfaces 31, each surface adapted to receive a permanent magnet in the form of a rectangular neodymium magnet (not shown)”, figure 3) having a front side configured to face the braking track when the resistance apparatus is in a first position; and a backing plate (15) comprising a second ferromagnetic material, the backing plate disposed on a second side of the pair of magnets opposite the front side when the resistance apparatus is in the first position (para. 31, Fig. 3, 5).
Regarding claim 2, wherein the resistance apparatus further comprises an actuator (19, 19”; figure 5) configured to selectively position the resistance apparatus (para. 30, figures 3, 5) relative to the braking track (outer periphery of flywheel 10, adjacent to 10”; paras. 13, 26) of the flywheel (10); wherein the actuator is configured to selectively position the resistance apparatus (para. 30, figures 3, 5) in the first position to apply a force resistant to rotation of the flywheel (10).
Regarding claim 3, wherein the actuator (19, 19”, Fig. 5) is configured to selectively position the resistance apparatus (para. 30; figs. 3, 5) in a second position wherein the at least one pair of magnets (para. 31) is further away from the braking track than the first position, and wherein the force resistant to rotation of the flywheel in the second position is less the force applied in the first position (para. 17: “In a preferred embodiment the magnetic resistance unit comprises a motor, such as a DC motor such as a step motor, a threaded guide bolt, a slide seat and a magnet holder for holding said magnet(s). These elements can be assembled and arranged such that the magnet holder can be translated inside the radial gap of the flywheel in a linear fashion controlled by the step motor as also exemplified in figs. 3 and 5. The advantage of using a step motor is that very small and very precise steps can be provided for controlling the position of the magnet relative to the flywheel thereby obtaining a very reproducible setting of the magnetic resistance.”).
Regarding claim 4, wherein the resistance system is an asymmetrical resistance system configured to apply the force resistant to rotation of the flywheel on only one side of the flywheel (Fig. 3, 5); wherein the braking track (10) is disposed on a first side of the flywheel, and wherein a second side of the flywheel, opposite the first side of the flywheel, does not include a braking track; and wherein magnets are not disposed on the second side of the flywheel (Figs. 3, 5).
Regarding claim 5, wherein the braking track (portion of flywheel 10 adjacent to 10”) is disposed on the outer portion of the flywheel, between the at least one pair of magnets and the outer portion (10”), when the resistance apparatus is in the first position (para. 30); wherein a magnetic field forms from a first magnet to the outer portion of the flywheel through the braking track, back through the braking track to a second magnet, and from the second magnet through the backing plate to the first magnet; and wherein during rotation of the flywheel, the braking track moves through the magnetic field creating an eddy current that applies force to resist the rotation of the flywheel (para. 31: “The aluminum flywheel plates further separates the magnets from the ferromagnetic steel elements 10’.”).
Regarding claim 7, further comprising an actuator (step motor) and a linkage connecting the actuator to the resistance apparatus (figs 3 and 5), wherein the actuator is configured to move the resistance apparatus to a first position where the at least one pair of magnets is proximate to the braking track such that resistance is applied to the flywheel, a second position where the at least one pair of magnets is a distance away from the braking track such that low resistance and/or no resistance is applied to the flywheel, and at least one intermediate position (para. 17: “In a preferred embodiment the magnetic resistance unit comprises a motor, such as a DC motor such as a step motor, a threaded guide bolt, a slide seat and a magnet holder for holding said magnet(s). These elements can be assembled and arranged such that the magnet holder can be translated inside the radial gap of the flywheel in a linear fashion controlled by the step motor as also exemplified in figs. 3 and 5. The advantage of using a step motor is that very small and very precise steps can be provided for controlling the position of the magnet relative to the flywheel thereby obtaining a very reproducible setting of the magnetic resistance.”).
Regarding claim 8, wherein the actuator and linkage are configured to selectively move the resistance apparatus in a linear and/or arcing path, wherein the path comprises movement side-to-side relative to the flywheel, up-and-down relative to the flywheel, and/or towards-and-away from the flywheel (para. 17: “In a preferred embodiment the magnetic resistance unit comprises a motor, such as a DC motor such as a step motor, a threaded guide bolt, a slide seat and a magnet holder for holding said magnet(s). These elements can be assembled and arranged such that the magnet holder can be translated inside the radial gap of the flywheel in a linear fashion controlled by the step motor as also exemplified in figs. 3 and 5. The advantage of using a step motor is that very small and very precise steps can be provided for controlling the position of the magnet relative to the flywheel thereby obtaining a very reproducible setting of the magnetic resistance.”).
Regarding claim 9, wherein the actuator and linkage are configured to selectively rotate the resistance apparatus about an axis perpendicular to the braking track of the flywheel; wherein in a first position of rotation the magnets are positioned away from the braking track; and wherein the in a second position of rotation the magnets are positioned adjacent to the braking track (para. 17: “In a preferred embodiment the magnetic resistance unit comprises a motor, such as a DC motor such as a step motor, a threaded guide bolt, a slide seat and a magnet holder for holding said magnet(s). These elements can be assembled and arranged such that the magnet holder can be translated inside the radial gap of the flywheel in a linear fashion controlled by the step motor as also exemplified in figs. 3 and 5. The advantage of using a step motor is that very small and very precise steps can be provided for controlling the position of the magnet relative to the flywheel thereby obtaining a very reproducible setting of the magnetic resistance.”).
Regarding claim 10, wherein the outer portion comprises steel (para. 27: “Steel elements 10’ are attached to the outside side surface of the near the periphery of the flywheel 10 to form steel rings 10’ that increases the weight of the periphery of the flywheel 10 and improves the ferromagnetic properties of the periphery of the flywheel 10.”) and wherein the braking track comprises aluminum (para. 26: “The flywheel 10 is formed by two parallel aluminum plates mounted on a flange 23”).
Regarding claim 11, An exercise system comprising the resistance system of claim 1, the exercise system comprising: a frame (3, Figure 4A); the flywheel (10) rotatably connected to the frame and configured to facilitate rotation during operation of the exercise apparatus; and the resistance apparatus (para. 30) connected to the frame and configured to selectively apply resistance to the flywheel by forming a magnetic field from a first magnet to the outer portion of the flywheel through the braking track, back through the braking track to a second magnet, and from the second magnet through the backing plate to the first magnet; wherein during operation of the exercise apparatus, the braking track is rotated through the magnetic field to create an eddy current that applies force to resist the rotation of the flywheel (para. 17: “In a preferred embodiment the magnetic resistance unit comprises a motor, such as a DC motor such as a step motor, a threaded guide bolt, a slide seat and a magnet holder for holding said magnet(s). These elements can be assembled and arranged such that the magnet holder can be translated inside the radial gap of the flywheel in a linear fashion controlled by the step motor as also exemplified in figs. 3 and 5. The advantage of using a step motor is that very small and very precise steps can be provided for controlling the position of the magnet relative to the flywheel thereby obtaining a very reproducible setting of the magnetic resistance.”).
Regarding claim 12, A method for operating the exercise system of claim 11, comprising: moving the resistance apparatus from a second position wherein the at least one pair of magnets is further away from the braking track than the first position to the first position where the at least one pair of magnets is adjacent to the braking track; forming a magnetic field from a first magnet to the outer portion of the flywheel through the braking track, back through the braking track to a second magnet, and from the second magnet through the backing plate to the first magnet; and rotating the braking track through the magnetic field to create an eddy current that applies force to resist the rotation of the flywheel (para. 17: “In a preferred embodiment the magnetic resistance unit comprises a motor, such as a DC motor such as a step motor, a threaded guide bolt, a slide seat and a magnet holder for holding said magnet(s). These elements can be assembled and arranged such that the magnet holder can be translated inside the radial gap of the flywheel in a linear fashion controlled by the step motor as also exemplified in figs. 3 and 5. The advantage of using a step motor is that very small and very precise steps can be provided for controlling the position of the magnet relative to the flywheel thereby obtaining a very reproducible setting of the magnetic resistance.”).
Claim(s) 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Andersen EP3341092). Andersen describes the same invention as claimed, including:
Regarding claim 13, A method for adjusting resistance in an exercise apparatus, the method comprising: facilitating rotation of a flywheel(10), the flywheel having an outer portion (10”) adjacent to a perimeter of the flywheel and a braking track (portion of 10 adjacent 10”) disposed on or adjacent to the outer portion; selectively positioning a pair of magnets (para. 31: “the magnet holder 15 comprises two contact surfaces 31, each surface adapted to receive a permanent magnet in the form of a rectangular neodymium magnet (not shown)”, figure 3) between a first position where the pair of magnets are adjacent to the braking track and a second position where the magnets are further away from the braking track than the first position (para. 17: “In a preferred embodiment the magnetic resistance unit comprises a motor, such as a DC motor such as a step motor, a threaded guide bolt, a slide seat and a magnet holder for holding said magnet(s). These elements can be assembled and arranged such that the magnet holder can be translated inside the radial gap of the flywheel in a linear fashion controlled by the step motor as also exemplified in figs. 3 and 5. The advantage of using a step motor is that very small and very precise steps can be provided for controlling the position of the magnet relative to the flywheel thereby obtaining a very reproducible setting of the magnetic resistance.”).; and wherein a magnetic field is formed when the pair of magnets are in the first position, the magnet field forming from a first magnet of the pair of magnets to the outer portion of the flywheel through the braking track, back through the braking track to a second magnet of the pair of magnets, and from the second magnet through a backing plate to the first magnet; and wherein rotation of the flywheel causes the braking track to rotate through the magnetic field to create an eddy current that applies force to resist the rotation of the flywheel (paras. 30-31).
Regarding claim 14, wherein a distance between the pair of magnets and the braking track corresponds to a resistance applied to the flywheel (para. 17: “In a preferred embodiment the magnetic resistance unit comprises a motor, such as a DC motor such as a step motor, a threaded guide bolt, a slide seat and a magnet holder for holding said magnet(s). These elements can be assembled and arranged such that the magnet holder can be translated inside the radial gap of the flywheel in a linear fashion controlled by the step motor as also exemplified in figs. 3 and 5. The advantage of using a step motor is that very small and very precise steps can be provided for controlling the position of the magnet relative to the flywheel thereby obtaining a very reproducible setting of the magnetic resistance.”).
Regarding claim 15, wherein the braking track is disposed on a first side of the flywheel, and wherein a second side of the flywheel opposite the first side of the flywheel does not include a braking track and/or wherein no magnets are positioned on the second side of the flywheel (Fig. 3, 5, para. 30: “This configuration ensures that the magnet holder 15 moves linearly relative to the bottom plateau 11 and thereby linearly relative to the rotation axis 8 of the flywheel 10”).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Andersen EP3341092) in view of Metcalf (US Pat. 4,977,794). Andersen describes the invention substantially as claimed, but does not show:
Regarding claim 6, wherein the flywheel (10) is substantially cone-shaped and configured to rotate about a vertex; and wherein the resistance system further comprises a flywheel cover having substantially the same shape as the flywheel and positioned to face the concave side of the flywheel.
Metcalf, from the same field of endeavor, teaches that it is known in the art to provide a cone shaped flywheel on an exercise bicycle (Metcalf col. 2, lines 24-27: “Referring to FIGS. 2 and 4, flywheel 1 is comprised of a pair of concave sheet metal discs 15A and 15B respectively. The discs can be made of light gauge metal, for example sixteen gauge steel.”).
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 cone shaped flywheel of Metcalf on the device of Andersen. Doing so provides the predictable result of providing a stable flywheel for exercise. Therefore it would have been prima facie obvious to modify Andersen as taught by Metcalf to obtain the invention as claimed.
Allowable Subject Matter
Claims 16-20 are allowed.
The following is an examiner’s statement of reasons for allowance: Andersen (EP3341092) is considered the closest prior art of record. Andersen does not show the combination of a cone-shaped flywheel with a first ferromagnetic material and a braking track made of a second ferromagnetic material with a magnetic resistance mechanism that applies resistance to one side of the flywheel. For at least this reason, claim 16 and all claims depending therefrom are considered allowable over the prior art of record.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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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/SUNDHARA M GANESAN/ Primary Examiner, Art Unit 3784