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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because the reference numeral and arrow notating “frame 10” as depicted only points to the beam the seat of the stationary bike rests upon, however the claims recite limitations regarding the position of other structures in relation to the frame, but the rest of the frame is not depicted/notated as being part of the same structure that “10” points to in figures 1 and 2 of the instant application. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is 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 1 recites the limitation “wherein a length of the linear mechanism is adjusted to change an angle between the lifting mechanism, and at the…” on lines 12-13. There is no structures after the lifting mechanism, therefore it is unclear what the angle being changed is between, is it the angle between the lifting mechanism and the frame, or is the between the lifting mechanism and the surface of the floor?
Dependent claims 2-10 are rejected due to their dependency on a rejected base claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12533547 B2 in view of Moritz et al. US 20210077887 A1.
Instant application: 18/829,963
Patent No. US 12533547 B2
Claim 1:
A stationary bike, comprising: a lifting mechanism; a frame being connected to the lifting mechanism; a resistance device disposed on the frame and comprising an axis and a flywheel; a reluctance mechanism adjacent to the flywheel and pivotally connected to the frame, the reluctance mechanism comprising a plurality of magnets; a linkage mechanism comprising a first linkage seat that is pivotally connected to the reluctance mechanism; a first cable having two ends respectively connected to the first linkage seat and the lifting mechanism; a linear mechanism being connected between the frame and the lifting mechanism, wherein a length of the linear mechanism is adjusted to change an angle between the lifting mechanism, and at the same time the first cable drives the first linkage seat, causing the reluctance mechanism to pivot and hence to approach or move away from the flywheel thereby changing a resistance applied to the flywheel; and a first visual indicator emitting a light with a color determined by a first parameter comprising a slope of the stationary bike.
Claim 10:
The stationary bike according to claim 1, wherein the lifting mechanism comprises: a first lifting arm comprising a first end in contact with the ground and a second end suspended above the ground, wherein the first lifting arm is turnable with its first end as a fulcrum; and a second lifting arm comprising a first end in contact with the ground and a second end suspended above the ground, wherein the second lifting arm is turnable with its first end as a fulcrum, and the second end of the first lifting arm and the second end of the second lifting arm are pivotally connected at a pivot.
Claim 1:
A stationary bike, comprising: a first lifting arm comprising a first end in contact with a ground and a second end suspended above the ground, wherein the first lifting arm is turnable with its first end as a fulcrum; a second lifting arm comprising a first end in contact with the ground and a second end suspended above the ground, wherein the second lifting arm is turnable with its first end as a fulcrum, and the second end of the first lifting arm and the second end of the second lifting arm are pivotally connected at a pivot; a frame being connected to the first lifting arm; a resistance device disposed on the frame and comprising an axis and a flywheel; a reluctance mechanism adjacent to the flywheel and pivotally connected to the frame, the reluctance mechanism comprising a plurality of magnets; a linkage mechanism comprising a first linkage seat that is pivotally connected to the reluctance mechanism; a first cable having two ends respectively connected to the first linkage seat and the second lifting arm or the first lifting arm; and a linear mechanism being connected between the frame and the second lifting arm, wherein a length of the linear mechanism is adjusted to change an angle between the first lifting arm and the ground and an angle between the second lifting arm and the ground, and at the same time the first cable drives the first linkage seat, causing the reluctance mechanism to pivot and hence to approach or move away from the flywheel thereby changing a resistance applied to the flywheel.
The broader “lifting mechanism” of the instant application’s independent claim 1, is not claimed in claim 1 of the patented invention, however as shown in dependent claim 10 the lifting mechanism comprises the first and second lifting arm structures which are discussed in claim 1 of the patented invention. Furthermore, claim 1 of the instant application references the broader structure of the lifting mechanism whereas the independent claim 1 of the patented invention discusses the first and second lifting arms, which are lifting mechanisms and coincide with the limitations of the instant application.
The instant application includes the limitation of a first visual indicator emitting a light with a color determined by a first parameter comprising a slope of the stationary bike, which is not claimed in the patented invention. Moritz, however, teaches a method for controlling a fitness machine by a user, where the method includes storing intensity ratings within a memory device, and the intensity ratings correspond to an intensity for the user operating the fitness machine (See abstract), and further teaches a first visual indicator (display device 14, The examiner notes that a display which shows a user an interface, and as discussed below, specifically various operating parameters that can change color inherently includes emits a light with a color) emitting a light with a color (“In addition to displaying the intensity rating 36 for each of the first parameter operating levels 41-46, each is also displayed in the corresponding intensity color 38 as previously discussed.” See paragraph [0029]) determined by a first parameter comprising a slope of the stationary bike (“Each of the first parameter operating levels 41-46 corresponds to a different setting for the first parameter 40, such as a distinct incline angle to set the fitness machine 10.” See paragraph [0028]. The examiner notes that the incline and the slope are the synonymous with each other, and further notes that while the invention relates to a treadmill, paragraph [0023] discusses how the operating parameters would change according to what exercise device the interface/system is being used with and therefore would apply to a stationary bike with tilting capabilities. ).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the stationary bike claimed in Liu et al. US 12533547 B2, to include a first visual indicator emitting a light with a color determined by a first parameter comprising a slope of the stationary bike as taught by Moritz, as adding a display/visual indicator to an exercise device which shows the user information regarding the current exercise session/settings of the device is a common practice in the field of exercise devices and would allow the user to view the current settings and decide if adjustments are required as they exercise without needing to stop.
Allowable Subject Matter
Claims 1 and 10 are rejected under double patenting but would be allowable if a terminal disclaimer was filed.
Claims 2-9 are allowable over the closest prior art of record.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record fails to teach or discloses a stationary bike as claimed in independent claim 1 including specifically a first cable having two ends respectively connected to the first linkage seat and the lifting mechanism; a linear mechanism being connected between the frame and the lifting mechanism, wherein a length of the linear mechanism is adjusted to change an angle between the lifting mechanism, and at the same time the first cable drives the first linkage seat, causing the reluctance mechanism to pivot and hence to approach or move away from the flywheel thereby changing a resistance applied to the flywheel; and a first visual indicator emitting a light with a color determined by a first parameter comprising a slope of the stationary bike.
The closest prior art of the record includes Liu et al. US 20200338383 A1, Weston et al. US 20180200566 A1, and Workman US 20180117383 A1.
Liu et al. US 20200338383 A1: Spinner Bike with adjustable magnetic resistance, which teaches a spinner bike with adjustable magnetic resistance includes a generator, a disc plate, a magnetic resistance adjusting apparatus and a resistance adjusting apparatus (See abstract), and further teaches that the reluctance mechanism is pivotally connected to the frame (“When the pulling cable 34 is operated, the magnetically reluctant element 32 rotates pivotally in a clockwise direction around the positioning shaft 33 and sinks into the space 311 of the positioning element 31, and the spring element 331 is twisted and a torque thereof is restored.” See paragraph [0039]), and that the reluctance mechanism comprises a plurality of magnets (magnets 323) a linkage mechanism (positioning element 31) comprising a first linkage seat (trench hole 313) that is pivotally connected to the reluctance mechanism (See figure 7) and a first cable (pulling cable 34) having two ends (“the front end of the cable 341 is positioned on the positioning element 31, the front end of the core wire 342 set through the trench hole 313 and connect to the rear side of the magnetically reluctant element 32, and a fixing block 343 is set in the slot 325 for pulling the magnetically reluctant element 32 to drive the pivot element 322 to rotate on the positioning shaft 33.” See paragraph [0038]).
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Liu fails to teach any functionality or structure related to changing the incline of the stationary bike, or displaying a parameter related to the slope of the stationary bike, and it further fails to teach the arrangement of the first cable having two ends respectively connected to the first linkage seat and the lifting mechanism, and at the same time the first cable drives the first linkage seat, causing the reluctance mechanism to pivot and hence to approach or move away from the flywheel thereby changing a resistance applied to the flywheel.
Weston et al. US 20180200566 A1: Exercise Cycle, which teaches a stationary exercise cycle including an incline mechanism that adjusts an incline of an upright support structure. The incline mechanism is aligned with a portion of an upright support structure on which a handle bar assembly is mounted. In some cases, the exercise cycle includes a console that can be rotated for viewing when not riding on the exercise cycle. Furthermore, the resistance mechanism 126 comprises a magnetic brake for controlling resistance to the pedal assembly 118 and/or the rotational speed of the flywheel 124. Paragraph [0039] discusses how the console 114 includes one or more interface devices which as stated, “ Such interface devices may be either input devices or output devices… The output devices (e.g., lights, speakers, digital displays, video displays, etc.) can provide the user with information about the operation of exercise cycle 100, entertainment (e.g., music, radio, video, internet, etc.), and the like.”
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Weston fails to teach that the reluctance mechanism is pivotally connected to the frame, and that the reluctance mechanism comprises a plurality of magnets; a linkage mechanism comprising a first linkage seat that is pivotally connected to the reluctance mechanism; a first cable having two ends respectively connected to the first linkage seat and the lifting mechanism and that the first cable drives the first linkage seat, causing the reluctance mechanism to pivot and hence to approach or move away from the flywheel thereby changing a resistance applied to the flywheel.
Workman US 20180117383 A1:Drop-In Pivot Configuration for Stationary Bike, which teaches a stationary bike (exercise machine 100), comprising: a lifting mechanism (tilt actuator 222); a frame (frame 102, which comprises upright portion 206), and being connected to the lifting mechanism (See figure 2 which depicts the exercise device with the housing cover removed); a resistance device (rotary resistance mechanism 120) disposed on the frame (See figure 1) and comprising an axis (crank axle 124) and a flywheel (“In this example, the rotary resistance mechanism 120 includes a flywheel and a magnetic unit positioned proximate the flywheel that resists the movement of the flywheel.” See paragraph [0036]); a reluctance mechanism (magnetic unit 244) adjacent to the flywheel (See figure 2); a linear mechanism (expandable portion 236) being connected between the frame and the lifting mechanism (See figure 2), wherein a length of the linear mechanism is adjusted to change an angle between the lifting mechanism (“A tilt actuator 222 may control the range at which the drop-in axle 216 can rotate.” See paragraph [0040] and where paragraph [0041] further outlines various structures the expandable portion may be); and a first visual indicator emitting a light with a color determined by a first parameter comprising a slope of the stationary bike (“The console may include a display screen that indicates at least one operating parameter of the exercise machine or a physiological parameter of the user during the workout.” See paragraph [0072,] The examiner notes that the display showing the user various operating parameters would inherently include emitting a light with a color, and that the operating parameter could include the current setting of the tilt actuator).
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Workman fails to teach that the reluctance mechanism is pivotally connected to the frame, and that the reluctance mechanism comprises a plurality of magnets; a linkage mechanism comprising a first linkage seat that is pivotally connected to the reluctance mechanism; a first cable having two ends respectively connected to the first linkage seat and the lifting mechanism and that the first cable drives the first linkage seat, causing the reluctance mechanism to pivot and hence to approach or move away from the flywheel thereby changing a resistance applied to the flywheel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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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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/J.A.D./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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