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 .
Status of Claims
Claims 1-20, as filed on 09/06/2024, are currently pending and considered below.
Claim Objections
Claim 19 is objected to because of the following informalities: Appropriate correction is required.
Claim 19 amend: “electoral” to ---electrical---.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 8 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 contains the trademark/trade name “Bluetooth”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe “short-ranged wireless communication” and, accordingly, the identification/description is indefinite.
Claim 8 recites: “the electronic device”. There’s a lack of antecedent basis for this limitation within the claims. Applicant is suggested to amend the claim to be dependent on claim 5.
Claim 9 contains the trademark/trade name “Wi-Fi”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe “wireless networking” and, accordingly, the identification/description is indefinite.
Claim 9 recites: “the electronic device”. There’s a lack of antecedent basis for this limitation within the claims. Applicant is suggested to amend the claim to be dependent on claim 5.
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 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.
Claims 1, 3, 7, 9, 11-14, 16-17 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 20200047027 A1 (Ward et al; henceforth Ward).
Regarding Independent Claim 1, Ward discloses the exercise machine (exercise machine 204H), comprising:
a fastener (“bolts”; “The mechanical support system 204H can be locked, bolted, or otherwise attached to the wall support unit 252H” Paragraph 57) to attach the exercise machine to an anchor point (wall support 252H; said exercise machine 204H using bolts to bolt onto the wall support unit 252H);
and an exercise module (exercise machine 204H) configured to be attached to the anchor point via the fastener (bolted), wherein the exercise module includes:
a spool (reel 404A, Figure 4A; “a force resistant reel assembly 400A that can be adapted for use in an interactive exercise machine system 100 or 200 such as discussed with respect to FIGS. 1 and 2A-I” Paragraph 60); a cable wrapped around the spool (cord 406A, see Figure 4A wherein the cord is wrapped around the reel 404A); and an actuator connected to the cable (handle 412A).
Regarding Claim 3, Ward further discloses the exercise machine of claim 1, wherein the exercise module further includes a chassis (mechanical support system 204), wherein the actuator is connected to the cable outside of the chassis (the handle 412A is located outside the system 204 such that a user can grab the handle).
Regarding Claim 7, Ward further discloses the exercise machine of claim 1, wherein the exercise module further includes a wireless module (network cloud 120).
Regarding Claim 9, Ward further discloses the exercise machine of claim 7, wherein the electronic device is paired to the exercise module via the wireless module utilizing Wi-Fi (“a direct Wi-Fi connection (802.11b/g/n) can be used” Paragraph 53).
Regarding Claim 11, Ward further discloses the exercise machine of claim 1, further comprising at least a first arm (arm 410A), wherein the actuator is connected to the cable through the first arm (see Figure 4A).
Regarding Claim 12, Ward further discloses the exercise machine of claim 1, further comprising a monitor interfacing module (support system 204; display 202 is interfaced onto system 204).
Regarding Claim 13, Ward further discloses the exercise machine of claim 12, wherein the monitor interfacing module is coupled to a monitor (display 202).
Regarding Claim 14, Ward further discloses the exercise machine of claim 13, wherein the monitor is in a portrait orientation (said display has a height greater than a width thus making the display in portrait orientation).
Regarding Claim 16, Ward further discloses the exercise machine of claim 1, wherein the actuator is a handle (handle 412A).
Regarding Claim 17, Ward further discloses the exercise machine of claim 1, wherein the actuator is a bar (see Figure 4A wherein the handle 412A comprises a bar).
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 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 20200047027 A1 (Ward et al; henceforth Ward).
Regarding Claim 2, Ward discloses the invention as substantially claimed, see above. Ward further discloses that the wall support is temporarily bolted (“The wall support unit 252H can be temporarily or permanently bolted to a wall (not shown). The mechanical support system 204H can be locked, bolted, or otherwise attached to the wall support unit 252H.” Paragraph 57). Ward does not disclose wherein the fastener is configured to attach to different anchors points that allow a different origination point.
Ward teaches an analogous exercise device in a different embodiment (Figure 2I) comprising:
a fastener (bolts 256I; “The floor mounting unit 254I can be temporarily or permanently bolted to a floor using bolts 256. The mechanical support system 204I can be locked, bolted, or otherwise attached to the floor mounting unit 254H” Paragraph 58) to attach the exercise machine to an anchor point (floor mounting unit 254I);
and an exercise module (exercise machine 204H) configured to be attached to the anchor point via the fastener (bolted).
It would have been obvious for one skilled in the art at the time of filing to modify the system to include a floor mounting unit 254I for temporarily bolting the exercise machine thereon, as taught by Ward, in order to allow the user to temporarily floor mount the device.
Ward as modified further discloses wherein the fastener is configured to attach to different anchor points that allow a different origination point (the bolts allow for temporary attachment to both the wall and floor mounts).
Claims 4-6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200047027 A1 (Ward et al; henceforth Ward) in view of US 20190099637 A1 (Valente et al; henceforth Valente).
Regarding Claim 4, Ward teaches the invention as substantially claimed, see above. Ward further discloses wherein the exercise module includes an electric resistance unit (motor 402A), wherein the spool is coupled to the electromagnetic resistance unit (as shown in Figure 4A). Ward does not disclose the electric resistance unit as an electromagnetic resistance unit.
Valente teaches an analogous exercise device in the same field of endeavor comprising: an exercise machine (exercise machine 1000, Figure 1B), comprising: an exercise module (Figure 2A) mounted on a wall (“mounted on a wall” Paragraph 107), wherein the exercise module includes: a spool (spool 202); a cable wrapped around the spool (cable 500); and an actuator connected to the cable (actuator 801);
wherein the exercise module includes an electromagnetic resistance unit (DC asynchronous-type permanent magnet motor 1006), wherein the spool is coupled to the electromagnetic resistance unit (“the motor (1006) is coupled to two spools” Paragraph 85).
It would have been obvious for one skilled in the art at the time of filing to modify the motor to be an electromagnetic motor, as taught by Valente, in order to allow the user to transfer electrical energy into torque using magnets.
Regarding Claim 5, Ward as modified further discloses the exercise machine of claim 4, wherein the electromagnetic resistance unit is controlled by an electronic device (user interface 1000H; “FIG. 10H illustrates a user interface 1000H to a smartphone app able to support programming the interactive exercise machine and supporting social engagement” Paragraph 78) via a wireless module (“wireless input devices” Paragraph 72).
Regarding Claim 6, Ward as modified further discloses the exercise machine of claim 5, wherein workout guidance (“schedule integration”, Figure 10H) is provided via an application installed on the electronic device (see Figure 10H wherein an application running on the phone includes schedule integration).
Regarding Claim 8, Ward discloses the invention as substantially claimed, see above. Ward does not disclose the wireless module utilizing Bluetooth.
Valente teaches an analogous exercise device in the same field of endeavor comprising: an exercise machine (exercise machine 1000, Figure 1B), comprising: an exercise module (Figure 2A) mounted on a wall (“mounted on a wall” Paragraph 107), wherein the exercise module includes: a spool (spool 202); a cable wrapped around the spool (cable 500); and an actuator connected to the cable (actuator 801);
wherein the electromagnetic resistance unit is controlled by an electronic device (“Controller” Paragraph 201) via a Bluetooth wireless module (“wireless transmitter sends this information back to the controller, and in one embodiment, the wireless protocol used is Bluetooth.” Paragraph 201).
It would have been obvious for one skilled in the art at the time of filing to modify the wireless module to use Bluetooth, as taught by Valente, in order to allow for short-range wireless communication with cellular devices.
Claims 1, 10, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190099637 A1 (Valente et al; henceforth Valente) in view of US 20200047027 A1 (Ward et al; henceforth Ward).
Regarding Independent Claim 1, Valente discloses an exercise machine (exercise machine 1000, Figure 1B), comprising: an exercise module (Figure 2A) mounted on a wall (“mounted on a wall” Paragraph 107), wherein the exercise module includes: a spool (spool 202); a cable wrapped around the spool (cable 500); and an actuator connected to the cable (actuator 801). Valente discloses the invention as substantially claimed, see above. Valente does not disclose a fastener to attach the exercise machine to an anchor point; and the exercise module configured to be attached to the anchor point via the fastener
Ward teaches an analogous exercise device in the same field of endeavor (exercise machine 204H), comprising:
a fastener (“bolts”; “The mechanical support system 204H can be locked, bolted, or otherwise attached to the wall support unit 252H” Paragraph 57) to attach the exercise machine to an anchor point (wall support 252H; said exercise machine 204H using bolts to bolt onto the wall support unit 252H);
and an exercise module (exercise machine 204H) configured to be attached to the anchor point via the fastener (bolted), wherein the exercise module includes:
a spool (reel 404A, Figure 4A; “a force resistant reel assembly 400A that can be adapted for use in an interactive exercise machine system 100 or 200 such as discussed with respect to FIGS. 1 and 2A-I” Paragraph 60); a cable wrapped around the spool (cord 406A, see Figure 4A wherein the cord is wrapped around the reel 404A); and an actuator connected to the cable (handle 412A).
It would have been obvious for one skilled in the art at the time of filing to modify the wall mounting of V to include a fastener and anchor point to attach the exercise module to the wall, as taught by Ward, in order to allow the user to remove the device temporarily from the wall for storage and cleaning.
Regarding Claim 10, Valente as modified further discloses the exercise machine of claim 1, wherein the exercise module is coupled to a second exercise module (cable 501, handle 801, reel 203) via a drive shaft (shaft 210; see Figure 2A wherein shaft 210 connects between reels 202, 203).
Regarding Claim 18, Valente as modified further discloses the exercise machine of claim 1, further comprising a battery (“wireless transmitter, both powered by a battery” Paragraph 201).
Regarding Claim 20, Valente as modified further discloses the exercise machine of claim 1, further comprising a series of gears (sun gears 204, planet gears 205).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over US 20200047027 A1 (Ward et al; henceforth Ward) in view of US 20150238819 A1 (Volkerink et al; henceforth Volkerink).
Regarding Claim 15, Ward discloses the invention as substantially claimed, see above. Ward does not disclose wherein the monitor is in a landscape orientation.
Volkerink teaches an analogous exercise device in the same field of endeavor comprising:
A monitor (user interface 132) in a landscape orientation (“landscape mode, the display is oriented such that the width of the display is greater than the height of the display” Paragraph 40).
It would have been obvious for one skilled in the art at the time of filing to reduce the height of the monitor so it is less than its width, as taught by Volkerink, in order to reduce the need for the user to look down and to reduce the profile of the device.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190099637 A1 (Valente et al; henceforth Valente) in view of US 20200047027 A1 (Ward et al; henceforth Ward) in further view of US 20080139370 A1 (Charnitski).
Regarding Claim 19, Valente discloses the invention as substantially claimed, see above. Valente further discloses the system being powered by a battery (“powered by a battery” Paragraph 201). Valente does not disclose an electoral plug.
Charnitski teaches an analogous exercise device in the same field of endeavor comprising: powering an exercise device with an electrical plug (“motor having an electric power cord with an electrical plug” Claim 43). It would have been obvious for one skilled in the art at the time of filing to modify the battery to include an electrical plug as taught by Charnitski in order to prevent the exercise device from running out of power.
Conclusion
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/ZACHARY T MOORE/Examiner, Art Unit 3784