DETAILED ACTION
This is the first Office Action on the merits based on the 18/845,800 application filed on 09/10/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20, as originally filed, are currently pending and considered below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “portable object onto a surface” of claim 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/06/2026 and 09/10/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
On line 8, “via a that one” should be corrected to --- via one ---
Claim 5 is objected to because of the following informalities:
On line 2, “the directions” should be corrected to --- the predefined user directions---
Claim 6 is objected to because of the following informalities:
On line 8, “a repetition” should be corrected to --- the repetition ---
Claim 8 is objected to because of the following informalities:
On line 2, “a plurality of exercise modalities” should be corrected to --- the plurality of exercise modalities ---
Appropriate correction is required.
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.
Claims 1-12 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.
Regarding claim 1, the limitation “that device” in line 6 lacks antecedent basis and clarity. It is unclear if the “that device” is the same as the “a given one of the exercise machines” claimed in claim 1. Applicant is suggested to change the limitation “that device” to --- the exercise machine ---. Claims 2-12 are rejected as being dependent off of claim 1.
Regarding claim 1, the limitation “that device” in line 9 lacks antecedent basis and clarity. It is unclear if the “the device” is the same as the “a given one of the exercise machine” claimed in claim 1. Applicant is suggested to change the limitation “the device” to --- the exercise machine ---.
Regarding claim 1, the limitation “distributed exercise devices” in line 17 lacks antecedent basis and clarity. It is unclear if the “distributed exercise devices” is the same as the “distributed exercise machines” claimed in claim 1. Applicant is suggested to change the limitation “distributed exercise devices” to --- the distributed exercise machines ---.
Regarding claim 1, the limitation “those devices” in line 17 lacks antecedent basis and clarity. It is unclear if the “those devices” is the same as the “distributed exercise machines” claimed in claim 1. Applicant is suggested to change the limitation “those device” to --- the distributed exercise machines ---.
Regarding claim 4, the limitation “the device” in line 3 lacks antecedent basis and clarity. It is unclear if the “the device” is the same as the “a given one of the exercise machine” claimed in claim 1. Applicant is suggested to change the limitation “the device” to --- the exercise machine ---.
Regarding claim 7, the limitation “a repetition” in line 3 lacks antecedent basis and clarity. It is unclear if the “repetition” is the same as the “repetition” claimed in claim 6. Applicant is suggested to change the limitation “a repetition” to --- the repetition ---.
Regarding claim 7, the limitation “the device” in line 2 lacks antecedent basis and clarity. It is unclear if the “the device” is the same as the “a given one of the exercise machines” claimed in claim 1. Applicant is suggested to change the limitation “the device” to --- the exercise machine ---.
Regarding claim 10, the limitation “the device” in line 2 lacks antecedent basis and clarity. It is unclear if the “the device” is the same as the “a given one of the exercise machines” claimed in claim 1. Applicant is suggested to change the limitation “the device” to --- the exercise machine ---.
Regarding claim 11, the limitation “the devices” in line 2 lacks antecedent basis and clarity. It is unclear if the “the devices” is the same as the “distributed exercise machines” claimed in claim 1. Applicant is suggested to change the limitation “the devices” to --- the distributed exercise machines ---.
Regarding claim 12, the limitation “the devices” in line 2 lacks antecedent basis and clarity. It is unclear if the “the devices” is the same as the “distributed exercise machines” claimed in claim 1. Applicant is suggested to change the limitation “the devices” to --- the distributed exercise machines ---.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Statutory Category: Yes - The claims recite “A system configured to enable multiple-activity functional workouts via distributed exercise machines” and therefore, is a Process.
Step 2A, Prong 1, Judicial Exception: Yes - The claim recites the limitation “(i) device configuration data executable via a given one of the exercise machines thereby to configure that device to receive physical input representative of the specific exercise modality; and (ii) processing configuration data executable via a that one of the exercise machines thereby to configure the device to process physical input representative of the specific exercise modality when operated in accordance with the device configuration data”.
This limitation, as drafted, is a process step that, under its broadest reasonable interpretation, covers the performance of the limitation in the mind as it is regarding a concept relating to storing and verifying data. For example, a human is able to monitor a certain exercise and verify if a user has performed a certain exercise. That is, nothing in the claim element precludes the step from practically being performed in the mind and/or being performed with the aid of a pen and paper. Accordingly, the claim recites a mental process-type abstract idea.
Step 2A, Prong 2, Integrated into Practical Application: No - The claim recites the following additional elements: “a playlist selector module, wherein the playlist selector module is configured to enable selection of a defined playlist, wherein each playlist is representative of instructions to deliver a plurality of exercise modalities in a predefined sequence; wherein the playlist delivery module is responsive to a selection via the playlist selector module thereby to cause delivery of data via a network to a defined one or more of the distributed exercises devices, thereby to configure those devices to enable execution of the selected playlist. ”. Playlist selector module is a form of an pre-solution insignificant activity. Playlist delivery module merely amounts to a post-solution insignificant activity. The use of module does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception.
These additional elements, taken individually or in combination, merely amount to insignificant pre/post-solution activities and do not integrate the judicial exception into a practical application. This claim is therefore directed to an abstract idea.
Step 2B, Inventive Concept: No - Similarly to Step 2A Prong 2, the additional claim elements merely recite insignificant extra-solution activities, which do not amount to significantly more than the judicial exception. For these reasons, there is no inventive concept in the claim. In light of the above, claim 1 is ineligible. Claims 9-10 and 18-19 are eligible under 101.
Claim 2 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 and Step 2A, Prong 1, Judicial Exception are discussed above in the claim 1 rejection.
Claim 2 recites the following elements: “the exercise machine to receive physical input representative of the specific exercise modality includes setting parameters for one or more sensor devices”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of one or more sensor devices does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 2 is ineligible.
Claim 3 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 and Step 2A, Prong 1, Judicial Exception are discussed above in the claim 1 rejection.
Claim 3 recites the following elements: “the parameters for the one or more sensor devices include sampling rates and/or sensitivity settings.”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of one or more sensor devices does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 3 is ineligible.
Claim 4 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 and Step 2A, Prong 1, Judicial Exception are discussed above in the claim 1 rejection.
Claim 4 recites the following elements: “the exercise machine to receive physical input representative of the specific exercise modality includes configuring the device to deliver predefined user directions”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of one or more sensor devices does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 4 is ineligible.
Claim 5 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 and Step 2A, Prong 1, Judicial Exception are discussed above in the claim 1 rejection.
Claim 5 recites the following elements: “the directions are provided via any one or more of: (i) a display; (ii) lights; (iii) communication via a user smartphone; (iv) audio instructions delivered by a speaker of the device; and (v) audio instructions delivered via a wireless headphones.”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of a display, lights, smartphones, speaker, or wireless headphones does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 5 is ineligible.
Claim 6 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 and Step 2A, Prong 1, Judicial Exception are discussed above in the claim 1 rejection.
Claim 6 recites the following elements: “configuring the exercise machine to process physical input representative of the specific exercise modality includes setting parameters for determining any one or more of the following in respect of an exercise of the specific exercise modality: (i) that an exercise repetition has been performed in accordance with defined requirements; (ii) a cumulative number of repetitions of the exercise that have been performed in accordance with defined requirements; (iii) performance attributes associated with a repetition of the exercise performed in accordance with defined requirements; (iv) cumulative performance attributes of a plurality of the repetitions of the exercise performed in accordance with defined requirements; and (v) timing attributes for one or more the repetitions of the exercise performed in accordance with defined requirements.”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of a processor set values does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 6 is ineligible.
Claim 7 recites the following elements: “the device is configured to determine performance attributes associated with a repetition of the exercise performed in accordance with defined requirements, and those performance attributes include any one or more of the following: (i) a metric representative of physical exertion; (ii) a metric representative of technical form; and (iii) a metric representative of adherence to instruction.”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of a sensor to determine and collect data does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 7 is ineligible.
Claim 8 recites the following elements: “each playlist is representative of instructions to deliver a plurality of exercise modalities: (i) in a predefined sequence; and (ii) in accordance with defined performance metrics.”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of a processor to deliver data does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 8 is ineligible.
Claim 11 recites the following elements: “the devices execute the selected playlist asynchronously in response to an input provided by an individual local user”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of the devices does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 11 is ineligible.
Claim 12 recites the following elements: “the devices execute the selected playlist synchronously in response to an instruction delivered via the system”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of the devices does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 12 is ineligible.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Statutory Category: Yes - The claims recite “A computer implemented method configured to enable content generation for a system that enables multiple-activity functional workouts via distributed exercise machines” and therefore, is a Process.
Step 2A, Prong 1, Judicial Exception: Yes - The claim recites the limitation “maintaining data representative of customizable templates for a plurality of exercise modalities; providing access via the user interface for the first user to set values for a plurality of variables in respect of respective customizable templates for each of the selected exercise modalities, such that these are associated with the generated playlist; and enabling a second user to: (i) identify the generated playlist; (ii) select the generated playlist; and(iii) provide an instruction to download data associated with the generated playlist to a specific one of the distributed exercise machines designated by the second user, thereby to configure that specific one of the distributed exercise machines to download data associated with the playlist and guide the second user through a multi-modal workout defined by the playlist.”.
This limitation, as drafted, is a process step that, under its broadest reasonable interpretation, covers the performance of the limitation in the mind as it is regarding a concept relating to storing, verifying, and sending data. For example, a physical therapist is able maintain and create a workout playlist that can be delivered via word of mouth/paper to a second user to guide the user through certain exercises. That is, nothing in the claim element precludes the step from practically being performed in the mind and/or being performed with the aid of a pen and paper. Accordingly, the claim recites a mental process-type abstract idea.
Step 2A, Prong 2, Integrated into Practical Application: No - The claim recites the following additional elements: “providing a user interface which that enables a first user to generate a playlist including a plurality of different selected exercise modalities; defining a unique identification code for the generated playlist”. User interface and the unique identification code is a form of an pre-solution insignificant activity. The use of a user interface or a unique identification code does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception.
These additional elements, taken individually or in combination, merely amount to insignificant pre/post-solution activities and do not integrate the judicial exception into a practical application. This claim is therefore directed to an abstract idea.
Step 2B, Inventive Concept: No - Similarly to Step 2A Prong 2, the additional claim elements merely recite insignificant extra-solution activities, which do not amount to significantly more than the judicial exception. For these reasons, there is no inventive concept in the claim. In light of the above, claim 1 is ineligible.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 and Step 2A, Prong 1, Judicial Exception are discussed above in the claim 1 rejection.
Claim 16 recites the following elements: “setting values for a plurality of variables in respect of a given one of the customizable templates for a given one of the selected exercise modalities includes: setting a number of repetitions of that exercise modality”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of a processor set values does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 16 is ineligible.
Claim 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 and Step 2A, Prong 1, Judicial Exception are discussed above in the claim 1 rejection.
Claim 17 recites the following elements: “setting values for a plurality of variables in respect of a given one of the customizable templates for a given one of the selected exercise modalities includes: setting a metric related to exercise work that is required to be completed in respect of that exercise modality”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of a processor set values does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 17 is ineligible.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 and Step 2A, Prong 1, Judicial Exception are discussed above in the claim 1 rejection.
Claim 20 recites the following elements: “the different selected exercise modalities include two or more of resistance exercises, body weight exercises, and impacting of a portable object onto a surface.”. This claim element is a mere practical application step which amounts to a pre/post-solution insignificant activity. The use of a processor set values does not integrate the judicial exception into a practical application as it is merely used to perform the judicial exception. This pre/post-solution insignificant activity does not integrate the judicial exception into a practical application nor does it contain an inventive step. In light of above, claim 20 is ineligible.
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.
Claims 1-11 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rubin (US Patent Pub. No. 2019/0344123; PD: 11/14/2019)
PNG
media_image1.png
486
576
media_image1.png
Greyscale
PNG
media_image2.png
438
588
media_image2.png
Greyscale
Regarding claim 1, Rubin discloses a system configured to enable multiple-activity functional workouts via distributed exercise machines (i.e., the system of Rubin allows for communicating with one or more exercise machines to implement exercise activities through a network; Para. [0056] “Exercise platforms in accordance with this disclosure may be communicatively coupled to each other and to other computing devices over a network, such as the Internet. In one implementation, a cloud-based computing platform may interact with dynamic force modules and user computing devices to, among other things, distribute force profiles, store and update user information, and present tracking information to users and personnel such as gym facility managers, personal trainers, physiotherapists, and others who may be working with a user. The cloud-based computing platform further enables the generation, updating, and storage of content for use with dynamic force modules including, but not limited to, force profiles, workout plans, multimedia content, and the like.”), the system including: a machine configuration database (Exercise data source 2058; Figure 20) that contains a plurality of modality data sets (i.e., library of exercises and associated data; Para. [0154] “The cloud-based computing platform 2050 may also include an exercise data source 2058 that includes a library of exercises and associated data for executing such exercises using one of the exercise platforms.”), wherein each modality data set includes, for a specific exercise modality, data representative of:
(i) device configuration data executable via a given one of the exercise machines thereby to configure that device to receive physical input representative of the specific exercise modality; (i.e., the system comprises of a module that contains specific configurations to monitor the physical inputs of a user for a certain exercise to provide feedback; Para. [0154] “More specifically, each exercise included in the exercise data source 2058 may include, among other things, a force profile for controlling one or more dynamic force modules of the exercise platform during performance of the exercise, ranges or values for parameters that may be measured during the exercise (speed, position, force, etc.), a mapping describing how such parameters are to be modified for various user types, and similar data related to controlling the dynamic force module and providing user feedback during the exercise.”)
(ii) processing configuration data executable via a that one of the exercise machines thereby to configure the device to process physical input representative of the specific exercise modality when operated in accordance with the device configuration data (i.e., the system dynamically responds to the physical input of the user and determines if the user has adhered to a specific exercise; Para. [0121] Operation of the exercise platform may also include a Spot state 1208 in which the dynamic force module/cable is gently returned to the home position. Transition between the Extension state 1210 or the Contraction state 1212 and the Spot state 1208 may occur in response to the exercise platform detecting that a user is not providing sufficient counter force to complete a repetition. The specific cutoff for determining when spotting functionality is to be initiated may vary by exercise…”);
a playlist selector module, wherein the playlist selector module is configured to enable selection of a defined playlist, wherein each playlist is representative of instructions to deliver a plurality of exercise modalities in a predefined sequence (i.e., the exercise platform force module allows for select workout routines and the workout builder module enables multiple routines to be formed into a playlist; Paragraph [0055] “The exercise platform may include or be communicably coupled with various devices for controlling the exercise platform and providing feedback to a user. For example, the exercise platform force module may be communicatively coupled to a computing device, such as a smartphone, tablet, laptop, smart television, and the like to present information to the user and to enable the user to select a workout”; Para. [0158] “The workout builder module 2066 enables generation of workout routines. For example, in certain implementations, a user may access the workout builder 2066 and be presented with a list of exercises selectable to generate a workout routine. As part of the workout builder 2066, the user may specify various parameters and factors including, without limitation, a resistance/weight/reactive force, a number of repetitions, an exercise duration, a sequence of exercise, a number of sets, a speed profile for repetitions, a force profile for repetitions, rest durations, and other factors and parameters, as applicable. By selecting one or more exercises and their corresponding parameters and order, the user may generate a custom workout routine that may subsequently be used in conjunction with an exercise platform.”);
and a playlist delivery module, wherein the playlist delivery module is responsive to a selection via the playlist selector module thereby to cause delivery of data via a network to a defined one or more of the distributed exercises devices, thereby to configure those devices to enable execution of the selected playlist (i.e., the instructible data can be sent through a network to each exercise device; Para. [0102] “Accordingly, a user may search for and locate exercise programs that they would like to perform over the Internet or an application using the user computing device 1190 and cause such programs to be downloaded to and executed by the system controller 1102 of the exercise platform 1101.”).
Regarding claim 2, Rubin discloses the exercise machine to receive physical input representative of the specific exercise modality includes setting parameters for one or more sensor devices (i.e., the system allows for spotting using load sensors at a certain force in a predetermined time; Para. [0121] “Operation of the exercise platform may also include a Spot state 1208 in which the dynamic force module/cable is gently returned to the home position. Transition between the Extension state 1210 or the Contraction state 1212 and the Spot state 1208 may occur in response to the exercise platform detecting that a user is not providing sufficient counter force to complete a repetition… however, in at least one example implementation, spotting is initiated when a force that is less than about 80% of the force required for the current rep is measured for more than a predetermined time (e.g., 2-3 seconds)”; Para. [0170] “In at least certain implementations, load sensors integrated into various components of the exercise platform 2400 to measure forces applied by a user for use in controlling the dynamic force module of the exercise platform 2404, provide feedback to the user, and the like. “).
Regarding claim 3, Rubin discloses the parameters for the one or more sensor devices include sampling rates and/or sensitivity settings (i.e., the system allows for spotting at a certain force sensitivity in a predetermined time; Para. [0089]-[0090]; Para. [0109] “During operation, the motor controller 1134 receives command signals from the system controller 1102 and controls operation of the motor 1131 accordingly. Feedback regarding the functioning of the motor 1131 may be provided by various sensors 1140 communicatively coupled to the motor controller 1134. Such sensors may include, without limitation, one or more of encoders, potentiometers, resolvers, temperature sensors, voltage and/or current sensors, tachometers, Hall Effect sensors, torque sensors, strain gauges, and any other sensor that may be used to monitor characteristics of the motor 1131 and its performance.”; Para. [0121] “Operation of the exercise platform may also include a Spot state 1208 in which the dynamic force module/cable is gently returned to the home position. Transition between the Extension state 1210 or the Contraction state 1212 and the Spot state 1208 may occur in response to the exercise platform detecting that a user is not providing sufficient counter force to complete a repetition… however, in at least one example implementation, spotting is initiated when a force that is less than about 80% of the force required for the current rep is measured for more than a predetermined time (e.g., 2-3 seconds)”; Para. [0170]).
Regarding claim 4, Rubin discloses the exercise machine to receive physical input representative of the specific exercise modality includes configuring the device to deliver predefined user directions (i.e., the system has predefined user feedback that can be provided using the computing device of the system; Para. [0008] “user settings”; Para. [0141] “Such feedback may be provided from the exercise platform itself or may be provided by a computing device in communication with the exercise platform.”; Para. [0158]).
Regarding claim 6, Rubin discloses the exercise machine to process physical input representative of the specific exercise modality includes setting parameters for determining any one or more of the following in respect of an exercise of the specific exercise modality:(i) that an exercise repetition has been performed in accordance with defined requirements (i.e., the system can measure each repetition of a user during an exercise; Para. [0064] “The force sensors may also provide signals that may be used to count repetitions of various possible movements.”); (ii) a cumulative number of repetitions of the exercise that have been performed in accordance with defined requirements (i.e., the repetitions can be recorded within a specific exercise set or workout and can be set dynamically; Para. [0139] “Force profiles may also be progressive in that they vary over the course of a single repetition, an exercise set, and/or a workout. For example, a force profile may be dynamically adjusted over the course of a workout to correspond to each of a warm-up period (that begins with relatively low reactive force that is gradually increased), a primary exercise period (at a relatively high reactive force), and a cool down period (that begins at a relatively high reactive force that is gradually decreased). Within each of these periods, the dynamic force module could dynamically adjust reactive forces based on feedback corresponding to the user's performance. For example, if the user exhibits consistently high speed and force, the workout may be too easy and the reactive force may be increased. In contrast, if the user exhibits inadequate force output, the workout may be too difficult and the reactive force or other difficulty-related parameter may be decreased.”); (iii) performance attributes associated with a repetition of the exercise performed in accordance with defined requirements (i.e., the force profile of each repetition being dynamically set; Para. [0139]); (iv) cumulative performance attributes of a plurality of the repetitions of the exercise performed in accordance with defined requirements (i.e., the force profile of each repetition of entire workout of an exercise session; Para. [0139]); and (v) timing attributes for one or more the repetitions of the exercise performed in accordance with defined requirements (i.e., voice feedback based on the timing of how fast the repetition is being done; Para. [0142] “For example, if a user is executing a particular movement too quickly, the voice-based feedback may instruct a user to slow down.”).
Regarding claim 7, Rubin discloses the device is configured to determine performance attributes associated with a repetition of the exercise performed in accordance with defined requirements, and those performance attributes include any one or more of the following: (i) a metric representative of physical exertion (Para. [0130] “In general, spotting functionality may be implemented by measuring the force exerted or speed achieved by the user and reducing the force output of the dynamic force module in response to the force exerted or speed achieved by the user falling below a predetermined threshold.”); (ii) a metric representative of technical form (i.e., the center of pressure being monitored to monitor user’s form; Para. [0054] “…monitoring changes to the center of pressure during an exercise to monitor and/or provide feedback on a user's form;”);and (iii) a metric representative of adherence to instruction (i.e., feedback based on monitoring the center of pressure during an exercise; Para. [0054] “…monitoring changes to the center of pressure during an exercise to monitor and/or provide feedback on a user's form;”).
Regarding claim 8, Rubin discloses each playlist is representative of instructions to deliver a plurality of exercise modalities: (i) in a predefined sequence; and (ii) in accordance with defined performance metrics (i.e., a user can choose a workout sequence with specific certain parameters; Para. [0158] “By selecting one or more exercises and their corresponding parameters and order, the user may generate a custom workout routine that may subsequently be used in conjunction with an exercise platform.”).
Regarding claim 9, Rubin discloses the defined performance metrics include tempo of movement (Para. [0158] “As part of the workout builder 2066, the user may specify various parameters and factors including, without limitation, a resistance/weight/reactive force, a number of repetitions, an exercise duration, a sequence of exercise, a number of sets, a speed profile for repetitions, a force profile for repetitions, rest durations, and other factors and parameters, as applicable. ”).
Regarding claim 10, Rubin discloses the device configuration data causes the device to provide physical output representative of the tempo of movement (i.e., the speaker provides the physical output of audio feedback to the speed of a movement of the exercise; Para. [0142] “With respect to voice-based feedback, the exercise platform may be adapted to play various phrases regarding the degree of deviation by the user and/or that provide specific instructions to the user. For example, if a user is executing a particular movement too quickly, the voice-based feedback may instruct a user to slow down.”).
Regarding claim 11, Rubin discloses the devices execute the selected playlist asynchronously in response to an input provided by an individual local user (i.e., a user is able to change playlists at different times using the computing device; Para. [0055] “For example, the exercise platform force module may be communicatively coupled to a computing device, such as a smartphone, tablet, laptop, smart television, and the like to present information to the user and to enable the user to select a workout and/or exercise”).
Regarding claim 15, Rubin discloses a computer implemented method configured to enable content generation for a system that enables multiple-activity functional workouts via distributed exercise machines (i.e., the system of Rubin contains system configurations for communicating with one or more exercise machines to implement exercise activities through a network; Para. [0056] “Exercise platforms in accordance with this disclosure may be communicatively coupled to each other and to other computing devices over a network, such as the Internet. In one implementation, a cloud-based computing platform may interact with dynamic force modules and user computing devices to, among other things, distribute force profiles, store and update user information, and present tracking information to users and personnel such as gym facility managers, personal trainers, physiotherapists, and others who may be working with a user. The cloud-based computing platform further enables the generation, updating, and storage of content for use with dynamic force modules including, but not limited to, force profiles, workout plans, multimedia content, and the like.”), the method including: maintaining data representative of customizable templates for a plurality of exercise modalities (Para. [0154] “The cloud-based computing platform 2050 may also include an exercise data source 2058 that includes a library of exercises and associated data for executing such exercises using one of the exercise platforms.”); providing a user interface (i.e., computing device such as smartphone; Para. [0055]) that enables a first user to generate a playlist including a plurality of different selected exercise modalities (i.e., a first user can create workout routines to be distributed; Para. 0158] “The workout builder module 2066 enables generation of workout routines. For example, in certain implementations, a user may access the workout builder 2066 and be presented with a list of exercises selectable to generate a workout routine.”; Para. [0162] “The personal trainer module 2070 generally corresponds to a tool that may be available to a personal trainer for monitoring, tracking, and managing information and workouts for clients of the personal trainer. For example, through the personal trainer module 2070, a personal trainer may be able to select exercises and generate workouts for clients…”); providing access via the user interface for the first user to set values for a plurality of variables in respect of respective customizable templates for each of the selected exercise modalities, such that these are associated with the generated playlist (i.e., the user interface can be utilized to set values/parameters for a user to do for each of the workouts within the workout routines; Para. [0158] “As part of the workout builder 2066, the user may specify various parameters and factors including, without limitation, a resistance/weight/reactive force, a number of repetitions, an exercise duration, a sequence of exercise, a number of sets, a speed profile for repetitions, a force profile for repetitions, rest durations, and other factors and parameters, as applicable. By selecting one or more exercises and their corresponding parameters and order, the user may generate a custom workout routine that may subsequently be used in conjunction with an exercise platform.”); defining a unique identification code for the generated playlist (i.e., each playlist would have its own identified code as each workout routine is stored within computing platform; Para. [0158] “In certain implementations, routines generated by the workout builder tool 2066 may be stored in the cloud-based computing platform 2050 or a data source communicatively coupled thereto and made accessible to users of the system 2000. The workout routines may be made publicly available or otherwise shared with other users of the system 2000.”); and enabling a second user to: (i) identify the generated playlist; (ii) select the generated playlist; and(iii) provide an instruction to download data associated with the generated playlist to a specific one of the distributed exercise machines designated by the second user, thereby to configure that specific one of the distributed exercise machines to download data associated with the playlist and guide the second user through a multi-modal workout defined by the playlist (i.e., a second user can utilize the platform to identify publicly made workout routines made by the first user, select the playlist, and download the specific code to provide instruction to the second user through a mulit modal workout; Para. [0102] “Accordingly, a user may search for and locate exercise programs that they would like to perform over the Internet or an application using the user computing device 1190 and cause such programs to be downloaded to and executed by the system controller 1102 of the exercise platform 1101.”; Para. [0158] “The workout routines may be made publicly available or otherwise shared with other users of the system 2000. For example, individuals, trainers, actors, fitness celebrities, or other users may generate pre-defined workout routines for themselves or others to follow.”).
Regarding claim 16, Rubin discloses setting values for a plurality of variables in respect of a given one of the customizable templates for a given one of the selected exercise modalities includes: setting a number of repetitions of that exercise modality (Para. [0158] “As part of the workout builder 2066, the user may specify various parameters and factors including, without limitation, a resistance/weight/reactive force, a number of repetitions, an exercise duration, a sequence of exercise, a number of sets, a speed profile for repetitions, a force profile for repetitions, rest durations, and other factors and parameters, as applicable.”).
Regarding claim 17, Rubin discloses setting values for a plurality of variables in respect of a given one of the customizable templates for a given one of the selected exercise modalities includes: setting a metric related to exercise work that is required to be completed in respect of that exercise modality (i.e., multiple parameters can be set to be required including a sequence of exercises and force profiles of the repetitions; Para. [0158] “As part of the workout builder 2066, the user may specify various parameters and factors including, without limitation, a resistance/weight/reactive force, a number of repetitions, an exercise duration, a sequence of exercise, a number of sets, a speed profile for repetitions, a force profile for repetitions, rest durations, and other factors and parameters, as applicable.”).
Regarding claim 18, Rubin discloses setting values for a plurality of variables in respect of a given one of the customizable templates for a given one of the selected exercise modalities includes setting one or more of: repetition tempo (i.e., speed profile for repetitions); intra-repetition tempo (i.e., speed profile during a repetition); and inter-repetition tempo (i.e., rest durations between repetitions; Para. [0158] “As part of the workout builder 2066, the user may specify various parameters and factors including, without limitation, a resistance/weight/reactive force, a number of repetitions, an exercise duration, a sequence of exercise, a number of sets, a speed profile for repetitions, a force profile for repetitions, rest durations, and other factors and parameters, as applicable.”).
Regarding claim 19, Rubin discloses the user interface enables the first user to define sequencing order for the different selected exercise modalities of the playlist (Para. [0158] “As part of the workout builder 2066, the user may specify various parameters and factors including… a sequence of exercise”).
Regarding claim 20, Rubin discloses the different selected exercise modalities include two or more of resistance exercises (i.e., various resistance band exercises; Para. [0051]), body weight exercises (Para. [0054] “c) counting and quantify calisthenics, plyometric, or similar exercises such as pushups, box jumps, bodyweight squats, running in place, etc.”), and impacting of a portable object onto a surface (i.e., the simulated feedback of a medicine ball being caught by a user’s hands/surface; Para. [0136]).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Rubin (US Patent Pub. No. 2019/0344123; PD: 11/14/2019) in view of Devine (US Patent Pub. No. 2021/0255826; PD: 08/19/2021).
Regarding claim 5, Rubin discloses the directions are provided via any one or more of: (i) a display (i.e., the cloud stores the directions of the user and projects it using videos to provide instruction; Para. [0155] “The cloud-based computing platform 2050 may further include a content data source 2060 that includes multimedia content such as, without limitation, videos, images, audio, text, interactive animations/games, and similar content. Such content may be used to, among other things, provide instruction to a user, to provide feedback to a user, to provide motivation to a user, or to otherwise supplement the user's experience.”; (ii) lights (Para. [0159] “In another example, the exercise platform may include lights, LEDs, or similar display elements that may display particular colors or color sequences based on the workout routine such that the user can readily identify which exercise machines he or she is to use.”); (iii) communication via a user smartphone (Para. [0055]; Para. [0144] “Haptic feedback may also be provided by a separate device, such as a smartphone, smartwatch, fitness tracker, or similar item kept on the user with haptic feedback functionality.”); (iv) audio instructions delivered by a speaker of the device (Para. [0098]; Para. [0142] “With respect to voice-based feedback, the exercise platform may be adapted to play various phrases regarding the degree of deviation by the user and/or that provide specific instructions to the user.”); audio instructions through a wireless audio based output system (Para. [0082] “Such an audio-based output system may be used, for example, to play music, instructional audio, or any other similar media during operation of the exercise platform 100.”; Para. [0145] “For example, the user interfaces discussed herein may be presented on a display of a computing device that is wirelessly coupled to a dynamic force module of an exercise machine. Similarly, audio and haptic feedback components may also be coupled to one or more dynamic force modules such that the dynamic force module may provide feedback to the user.”)
Rubin does not disclose audio instructions delivered via a wireless headphones.
Devine teaches an analogous system of providing workout suggestions to users (Abstract “In some embodiments, an electronic device performs techniques related to displaying personalized workout suggestions based on completed workouts. In some embodiments, an electronic device performs techniques related to starting an audio-based workout. In some embodiments, an electronic device performs techniques related to displaying information about a workout during playback of workout content. In some embodiments, an electronic device performs techniques related to displaying information about physical activity of a user relative to a group of users. In some embodiments, an electronic device performs techniques related to coordinating display of workout content among multiple devices.”) comprising providing audio instructions via wireless headphones (i.e., electronic devices can be connected wirelessly as described within Para. [0303] “Electronic device 800 is operably connected to (e.g., wirelessly paired with) electronic device 600. For example, electronic device 600 is configured to wirelessly communicate with electronic device 800, and vice-versa.”; Para. [0334] “…at an audio output device that is in communication with the electronic device (e.g., at an external device (e.g., headphones, speakers), at the electronic device).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the audio-based output system of Rubin to have the external headphones of Devine in order for the user to obtain exercise specific audio for a certain parameters of an exercise being performed.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Rubin (US Patent Pub. No. 2019/0344123; PD: 11/14/2019) in view of Harding (US Patent Pub. No. 2008/0207401; PD: 08/19/2021).
Regarding claim 12, Rubin discloses the devices execute the selected playlist ([0154] “The cloud-based computing platform 2050 may also include an exercise data source 2058 that includes a library of exercises and associated data for executing such exercises using one of the exercise platforms.”; Para. [0158] “By selecting one or more exercises and their corresponding parameters and order, the user may generate a custom workout routine that may subsequently be used in conjunction with an exercise platform.”).
Rubin does not disclose the devices execute the selected playlist synchronously in response to an instruction delivered via the system.
PNG
media_image3.png
506
420
media_image3.png
Greyscale
Harding teaches an analogous group fitness system (Para. [0004] This application relates to operation and control of a plurality of exercise devices. In particular, this application relates to networking a plurality of exercise devices to allow for communication between the exercise devices and/or interactivity between users of the exercise devices.”) comprising instructions being delivered for synchronous workouts (Para. [0023] “Thus, the execution of the exercise control program at the participant exercise devices 120 may be synchronized with the execution of the exercise control program at the instructor exercise device 110. Thus, in addition to the same operation, the same display of data, such as time, pace, segment, etc., may be presented to the instructor exercise device 110 and all active (i.e., participating) participant exercise devices 120.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the workout playlist for each exercise machine of Rubin to have instructions that allow for synchronous workouts as taught by Harding in order to provide for a group workout that multiple individuals can participate in order to simulate a class room environment (Para. [0014]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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.
/ANDREW M KOBYLARZ/Examiner, Art Unit 3784