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
Claims 4-9 and 13-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 6/29/2026.
Applicant’s election without traverse of Species III (FIGS. 5A-5C) in the reply filed on 6/29/2026 is acknowledged.
Claims 1-3, 10-12, and 25 are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 10-11, and 25 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2015/0238819 (Volkerink et al., hereinafter “Volkerink”).
Regarding claim 1, Volkerink discloses an exercise machine accessory, comprising:
a resistance identifier (mechanical motion sensors 552 and orientation sensors 556 - paras 0149-0150, FIG. 5) configured to identify resistance for an exercise machine (treadmill 102 - para 0091, FIG. 1A) associated with the exercise machine accessory, wherein the resistance identifier is coupled to the exercise machine, and wherein the exercise machine is a treadmill (FIGS. 1A-5);
a motion identifier 512 configured to identify exercise motion for a user of the exercise machine (para 0141, FIG. 5); and
a communications module 204 configured to communicate with the user of the exercise machine, wherein the communications module is coupled to the resistance identifier and the motion identifier (exercise control system 204 may communicate with a device or user interface for device 124,126 - para 0108; exercise control system 204 may communicate with or through a communication network 224 - para 0113; the exercise control system 204 may communicate with one or more sensors 242, which are either associated with the treadmill 102 or communicate with the treadmill - para 0116; treadmill control system 204 control critical functions and/or noncritical functions based at least partially on user/device input received by the user/device interaction subsystem 615 - para 0160, FIG. 6).
Regarding claim 2, Volkerink teaches the exercise machine accessory of claim 1, and further discloses a resistance controller 626 configured to control resistance for the exercise machine, wherein the resistance controller is coupled to both the exercise machine and the communications module 204 (treadmill control module 626 may be configured to control settings, features, and/or the functionality of a treadmill 102, including motor system controls, ramp tilt, etc. - para 0160; treadmill control module 626 can communicate with the treadmill control system 204 - para 0160).
Regarding claim 10, Volkerink teaches the exercise machine accessory of claim 1, and further discloses wherein the resistance identifier 552,556 is at least one of the following: a treadmill belt position sensor; an optical encoder coupled to the treadmill; and a meter configured to measure incline (mechanical motion sensors 552 may correspond to encoders - para 0149; orientation sensors 556 can include accelerometers and the like that are configured to detect an orientation or a configuration associated with the treadmill 102 such as amount of tilt on the belt or ramp of the treadmill - para 0150).
Regarding claim 11, Volkerink teaches the exercise machine accessory of claim 10, and further discloses wherein the motion identifier 512 comprises an IMU including a gyroscope and an accelerometer and wherein the motion identifier is associated with a user's foot (para 0141).
Regarding claim 25, Volkerink teaches the exercise machine accessory of claim 1, and further discloses wherein the motion identifier 512 comprises a camera 560 (para 0141).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Volkerink in view of US 2022/0143467 (Green).
Regarding claim 3, Volkerink teaches the exercise machine accessory of claim 1, but does not disclose a haptic controller configured to control haptic feedback for the user of the exercise machine, wherein the haptic controller is coupled to the communications module.
Green teaches an analogous exercise machine accessory (abstract, FIGS. 1-6) having a haptic controller configured to control haptic feedback for the user of the exercise machine, wherein the haptic controller is coupled to a communications module (sole inserts 130 may include haptic feedback actuators - para 0044).
It would have been obvious to one of to one ordinary skill in the art before the effective filing date of the claimed invention to modify Volkerink’s invention with the sole inserts and haptic feedback actuators as taught by Volkerink in order to provide additional sensory input in an immersive experience such as walking on a treadmill in virtual reality (Green: para 0009).
Regarding claim 12, Volkerink teaches the exercise machine accessory of claim 11, but does not disclose wherein a haptic controller is further configured to give haptic feedback to the user's foot based at least in part on user performance on the treadmill.
Green teaches an analogous exercise machine accessory (abstract, FIGS. 1-6) having a haptic controller configured to give haptic feedback to the user’s foot based at least in part on user performance on the treadmill (sole inserts 130 may include haptic feedback actuators - para 0044).
It would have been obvious to one of to one ordinary skill in the art before the effective filing date of the claimed invention to modify Volkerink’s invention with the sole inserts and haptic feedback actuators as taught by Volkerink in order to provide additional sensory input in an immersive experience such as walking on a treadmill in virtual reality (Green: para 0009).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA S LEE whose telephone number is (571)270-1661. The examiner can normally be reached Monday-Friday 11am-7pm Eastern.
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.
/Joshua Lee/Primary Examiner, Art Unit 3784
Prosecution Insights