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 .
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 1-11 and 13-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 and 15-20 of U.S. Patent No. 12,102,903. Although the claims at issue are not identical, they are not patentably distinct from each other because The ‘903 Patent anticipates the instant application claims, as detailed in the Double Patenting Claims Comparison Chart below.
Double Patenting Claims Comparison Chart
Instant Application
US Pat. 12,102,903
1.
A exercise platform comprising:
1.
A treadmill comprising:
a front end;
a front end;
a read end;
a rear end;
an exercise surface that extends substantially between the front end and the rear end;
a belt defining a running surface that extends substantially between the front end and the rear end;
one or more lifting mechanisms configured to adjust an orientation of the exercise surface about a pivot point positioned between the front end and the rear end, wherein the one or more lifting mechanisms comprise:
one or more lifting mechanisms configured to adjust an orientation of the running surface about a pivot point positioned between the front end and the rear end, wherein the one or more lifting mechanisms comprise:
a first motor;
a first motor;
a first connector operatively connecting the first motor to a first portion of the exercise platform adjacent the front end;
a first connector operatively connecting the first motor to a first portion of the treadmill adjacent the front end;
a second motor;
a second motor;
and a second connector operatively connecting the second motor to a second portion of the exercise platform adjacent the rear end;
and a second connector operatively connecting the second motor to a second portion of the treadmill adjacent the rear end;
and computing hardware configured to control each of the first motor and the second motor to adjust a length of the first connector and the second connector to adjust the orientation of the exercise surface about the pivot point.
and computing hardware configured to control each of the first motor and the second motor to adjust a length of the first connector and the second connector to adjust the orientation of the running surface about the pivot point,
Examiner’s note: “Treadmill” as recited in the Patent claim is an example of an exercise platform, and “running surface” is an example of an exercise surface. Therefore, the Patent claim anticipates the Instant Application claim.
2.
The exercise platform of Claim 1, wherein the pivot point is disposed in a central position between the front end and the rear end.
2.
The treadmill of claim 1, wherein the pivot point is disposed in a central position between the front end and the rear end.
3.
The exercise platform of Claim 1, wherein the first connector operatively connects the first motor to the first portion of the exercise platform via at least one rotating connector.
1.
wherein: the first connector operatively connects the first motor to the first portion of the treadmill via at least one rotating connector;
4.
The exercise platform of Claim 3, wherein the at least one rotating connector comprises at least one of a sprocket or a pulley.
1.
and the at least one rotating connector comprises at least one of a sprocket or a pulley.
5.
The exercise platform of Claim 1, wherein each of the first connector and the second connector comprise at least one of a chain or a cable.
3.
The treadmill of claim 1, wherein each of the first connector and the second connector comprise at least one of a rigid connector, a semi-rigid connector, a chain, or a cable.
6.
The exercise platform of Claim 1, wherein the computing hardware is further configured to automatically adjust the orientation of the exercise surface about the pivot point in response to a particular stimulus.
4.
The treadmill of claim 1, wherein the computing hardware is further configured to automatically adjust the orientation of the running surface about the pivot point in response to a particular stimulus.
7.
The exercise platform of Claim 1, wherein the first motor and the second motor are disposed below the belt.
5.
The treadmill of claim 1, wherein the first motor and the second motor are disposed below the belt.
8.
The exercise platform of Claim 1, further comprising a gearbox configured to apply holding torque to the first connector.
6.
The treadmill of claim 1, further comprising a gearbox configured to apply holding torque to the first connector.
9.
The exercise platform of Claim 1, wherein the computing hardware is further configured to receive incline data and automatically adjust the orientation of the exercise surface about the pivot point based on the incline data.
7.
The treadmill of claim 1, wherein the computing hardware is further configured to receive incline data and automatically adjust the orientation of the running surface about the pivot point based on the incline data.
10.
A exercise platform comprising: a front end; a read end; an exercise surface that extends substantially between the front end and the rear end; one or more lifting mechanisms configured to adjust an orientation of the exercise surface about a pivot point positioned centrally between the front end and the rear end; and computing hardware configured to control the one or more lifting mechanisms to adjust an incline level of the running surface about the pivot point.
10.
A treadmill comprising: a front end; a rear end; a belt defining a running surface that extends substantially between the front end and the rear end; one or more lifting mechanisms configured to adjust an orientation of the running surface about a pivot point positioned centrally between the front end and the rear end; and computing hardware configured to control the one or more lifting mechanisms to adjust an incline level of the running surface about the pivot point,
Examiner’s note: “Treadmill” as recited in the Patent claim is an example of an exercise platform, and “belt” is an example of an exercise surface. Therefore, the Patent claim anticipates the Instant Application claim.
11.
The exercise platform of Claim 10, wherein the one or more lifting mechanisms comprise at least one lifting bag disposed beneath the exercise platform configured to expand and contract through to adjust the incline level of the exercise surface.
20.
A treadmill comprising: a front end; a rear end; a belt defining a running surface that extends substantially between the front end and the rear end; one or more lifting mechanisms configured to adjust an orientation of the running surface about a pivot point positioned centrally between the front end and the rear end; and computing hardware configured to control the one or more lifting mechanisms to adjust an incline level of the running surface about the pivot point, wherein the one or more lifting mechanisms comprise at least one lifting bag disposed beneath the treadmill configured to expand and contract to adjust the incline level of the running surface.
13.
The exercise platform of Claim 10, wherein: the one or more lifting mechanisms comprise: a first motor; and a first connector operatively connecting the first motor to a first portion of the treadmill adjacent the front end; and the computing hardware is configured to control first motor to adjust a length of the first connector to adjust the incline of the exercise surface about the pivot point
8.
wherein: the one or more lifting mechanisms comprise: one or more motors; and one or more connectors operatively connecting the one or more motors to a first portion of the treadmill adjacent the front end or the rear end, the one or more connectors comprising at least one of a cable or a chain; and the computing hardware is configured to operate the one or more motors to adjust a length of the one or more connectors to adjust the incline of the running surface about the pivot point.
10.
The treadmill of claim 9, wherein the one or more connectors comprise: a first connector that operatively couples the one or more motors to the first portion; and a second connector that operatively couples the one or more motors to the second portion.
14.
The exercise platform of Claim 13, wherein: the one or more lifting mechanisms comprise: a second motor; and a second connector operatively connecting the second motor to a second portion of the exercise platform adjacent the rear end; and the computing hardware is configured to control each of the first motor and the second motor to adjust a length of the first connector and the second connector to adjust the orientation of the exercise surface about the pivot point.
9.
The treadmill of claim 8, wherein: the one or more connectors operatively connect the one or more motors to the first portion of the treadmill adjacent the front end; the one or more connectors operatively connect the one or more motors to a second portion of the treadmill adjacent the rear end; and the computing hardware is configured to control the one or more motors to adjust the length of the one or more connectors to adjust the orientation of the running surface about the pivot point.
15.
An exercise platform comprising: a front end; a read end; an exercise surface that extends substantially between the front end and the rear end; one or more lifting mechanisms configured to adjust an orientation of the exercise surface about a pivot point positioned between the front end and the rear end, wherein the one or more lifting mechanisms comprise: a first motor; a first connector operatively connecting the first motor to a first portion of the exercise platform adjacent the front end; a second motor; and a second connector operatively connecting the second motor to a second portion of the exercise platform adjacent the rear end; and computing hardware configured to control each of the first motor and the second motor to adjust a length of the first connector and the second connector to adjust the orientation of the exercise surface about the pivot point.
15.
An exercise platform comprising: a front end; a rear end; an exercise surface that extends substantially between the front end and the rear end; one or more lifting mechanisms configured to adjust an orientation of the exercise surface about a pivot point positioned between the front end and the rear end, wherein the one or more lifting mechanisms comprise: a first motor; a first connector operatively connecting the first motor to a first portion of the exercise platform adjacent the front end; a second motor; and a second connector operatively connecting the second motor to a second portion of the exercise platform adjacent the rear end; and computing hardware configured to control each of the first motor and the second motor to adjust a length of the first connector and the second connector to adjust the orientation of the exercise surface about the pivot point,
16.
The exercise platform of Claim 15, wherein the pivot point is disposed in a position comprising at least one of centrally along a length defined by the exercise platform; one third along the length, or two-thirds along the length.
16.
The exercise platform of claim 15, wherein the pivot point is disposed in a position comprising at least one of centrally along a length defined by the exercise platform; one third along the length, or two-thirds along the length.
17.
The exercise platform of Claim 15, wherein: the first connector operatively connects the first motor to the first portion of the treadmill via at least one rotating connector; the at least one rotating connector comprises at least one of a sprocket or a pulley.
17.
The exercise platform of claim 15, wherein: the first connector operatively connects the first motor to the first portion of the treadmill via at least one rotating connector; the at least one rotating connector comprises at least one of a sprocket or a pulley.
18.
The exercise platform of Claim 15, wherein: each of the first connector and the second connector comprise at least one of a chain or a cable.
15.
wherein each of the first connector and the second connector comprise at least one of a chain or a cable.
19.
The exercise platform of Claim 15, wherein the exercise platform comprises at least one of a rowing machine, a treadmill, a bicycle, a Jacob’s ladder, or a climbing wall.
18.
The exercise platform of claim 15, wherein the exercise platform comprises at least one of a rowing machine, a treadmill, a bicycle, a Jacob's ladder, or a climbing wall.
20.
The exercise platform of Claim 15, wherein the computing hardware is further configured to automatically adjust the orientation of the running surface about the pivot point in response to a particular stimulus.
19.
The exercise platform of claim 15, wherein the computing hardware is further configured to automatically adjust the orientation of the running exercise surface about the pivot point in response to a particular stimulus.
Claim Objections
Claim 1 is objected to because of the following informalities: line 3 contains a typographical error. “read” presumably should be --rear--. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: line 3 contains a typographical error. “read” presumably should be --rear--. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: line 3 contains a typographical error. “read” presumably should be --rear--. 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.
Claim 7 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 7 recites the limitation "the belt" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing “the belt” to --the exercise platform--.
Claim 10 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 10 recites the limitation "the running surface" in line 8. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing “the running surface” to --the exercise surface--.
Claim 13 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 13 recites the limitation "the treadmill" in line 5. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing “the treadmill” to --the exercise surface--.
Claim 17 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 17 recites the limitation "the treadmill" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing “the treadmill” to --the exercise platform--.
Claim 20 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 20 recites the limitation "the running surface" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing “the running surface” to --the exercise surface--.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: lifting mechanism in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-3 and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khilmanovich (US Pat. 2020/0254300). Khilmanovich describes the same invention as claimed, including:
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1. Examiner Annotated Figure 3 of Khilmanovich
Regarding claim 1, Khilmanovich shows: An exercise platform (Fig. 3) comprising: a front end (front end is considered the end housing traction motor 7); a rear end (Fig. 3, rear end is considered to be the end opposite to that housing traction motor 7); an exercise surface that extends substantially between the front end and the rear end (para. 20: “the belt of the treadmill 17”); one or more lifting mechanisms (9) configured to adjust an orientation of the exercise surface about a pivot point positioned between the front end and the rear end (the pivot point is the point at which support levers 8 contact the stationary frame 13, not clearly shown but depicted as somewhere in the center of the treadmill in Fig. 3, annotated by examiner as “pivot”), wherein the one or more lifting mechanisms comprise: a first motor (The motor which receives control signals and drives piston and cylinder 9 in the front, i.e. closest to motor 7); a first connector (support lever 8) operatively connecting the first motor to a first portion of the exercise platform adjacent the front end; a second motor (the motor which receives control signals and drives piston and cylinder 9 in the rear, i.e. farthest from motor 7); and a second connector (support lever 8) operatively connecting the second motor to a second portion of the exercise platform adjacent the rear end; and computing hardware configured to control each of the first motor and the second motor to adjust a length of the first connector and the second connector to adjust the orientation of the exercise surface about the pivot point (para. 25: “In the process of implementing a virtual model work instructions converted in the main controller into the control signals will flow to the power relay circuit in the mechanical part of the simulator which is shown in FIG. 3. The controlling signals, opening the relay will supply voltage to the front or rear pair of pushing actuators (linear actuators) of a vertical channel 9, if the terrain in the virtual model changes in elevations. The efforts on the actuators 9 will cause the rotation of the support levers 8. Due to these efforts of the external power frame 11 (or the simulator in General) will raise the front or rear of your part at a maximum angle relative to the floor surface±15°, which would correspond to the maximum possible slope of the slope of the virtual route in the longitudinal direction.”).
Regarding claim 2, Khilmanovich shows wherein the pivot point is disposed in a central position between the front end and the rear end (See Annotated Fig. 3).
Regarding claim 3, Khilmanovich shows wherein the first connector operatively connects the first motor to the first portion of the exercise platform via at least one rotating connector (para. 19: “Also, the Central part of the lateral profiles are equipped with lugs for mounting the movable bearings 8, on the lower parts of which there are supportive rollers.” And para. 25: “The efforts on the actuators 9 will cause the rotation of the support levers 8.”).
Regarding claim 6, Khilmanovich shows wherein the computing hardware is further configured to automatically adjust the orientation of the exercise surface about the pivot point in response to a particular stimulus (para. 27: “Thus, the bidirectional change of the virtual terrain will lead to an actual change in the spatial position of the treadmill relative to the floor of the gym. Due to this, there will be full compliance with the real changes of load on muscles train to training on difficult terrain.” The changes on a virtual terrain are considered the “particular stimulus” required by the claim).
Regarding claim 7, Khilmanovich shows wherein the first motor and the second motor are disposed below the belt (Fig. 3).
Regarding claim 8, further comprising a gearbox configured to apply holding torque to the first connector (Khilmanovich inherently must have this structure, or a particular incline would not be able to maintained during a user’s session).
Regarding claim 9, Khilmanovich shows wherein the computing hardware is further configured to receive incline data and automatically adjust the orientation of the exercise surface about the pivot point based on the incline data (para. 25: “In the process of implementing a virtual model work instructions converted in the main controller into the control signals will flow to the power relay circuit in the mechanical part of the simulator which is shown in FIG. 3. The controlling signals, opening the relay will supply voltage to the front or rear pair of pushing actuators (linear actuators) of a vertical channel 9, if the terrain in the virtual model changes in elevations. The efforts on the actuators 9 will cause the rotation of the support levers 8. Due to these efforts of the external power frame 11 (or the simulator in General) will raise the front or rear of your part at a maximum angle relative to the floor surface±15°, which would correspond to the maximum possible slope of the slope of the virtual route in the longitudinal direction.”).
Claims 10, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khilmanovich (US Pat. 2020/0254300). Khilmanovich describes the same invention as claimed, including:
Regarding claim 10, Khilmanovich shows: A exercise platform (Fig. 3) comprising: a front end (front end is considered the end housing traction motor 7); a rear end (Fig. 3, rear end is considered to be the end opposite to that housing traction motor 7); an exercise surface that extends substantially between the front end and the rear end (para. 20: “the belt of the treadmill 17”); one or more lifting mechanisms (9) configured to adjust an orientation of the exercise surface about a pivot point positioned centrally between the front end and the rear end (the pivot point is the point at which support levers 8 contact the stationary frame 13, not clearly shown but depicted as somewhere in the center of the treadmill in Fig. 3, annotated by examiner as “pivot”); and computing hardware configured to control the one or more lifting mechanisms to adjust an incline level of the running surface about the pivot point (para. 25: “In the process of implementing a virtual model work instructions converted in the main controller into the control signals will flow to the power relay circuit in the mechanical part of the simulator which is shown in FIG. 3. The controlling signals, opening the relay will supply voltage to the front or rear pair of pushing actuators (linear actuators) of a vertical channel 9, if the terrain in the virtual model changes in elevations. The efforts on the actuators 9 will cause the rotation of the support levers 8. Due to these efforts of the external power frame 11 (or the simulator in General) will raise the front or rear of your part at a maximum angle relative to the floor surface±15°, which would correspond to the maximum possible slope of the slope of the virtual route in the longitudinal direction.”).
Regarding claim 12, Khilmanovich shows wherein the one or more lifting mechanisms comprise a Stewart platform (Fig. 3).
Regarding claim 13, Khilmanovich shows wherein: the one or more lifting mechanisms comprise: a first motor (The motor which receives control signals and drives piston and cylinder 9 in the front, i.e. closest to motor 7); and a first connector (support lever 8) operatively connecting the first motor to a first portion of the treadmill adjacent the front end; and the computing hardware is configured to control first motor to adjust a length of the first connector to adjust the incline of the exercise surface about the pivot point (para. 25: “In the process of implementing a virtual model work instructions converted in the main controller into the control signals will flow to the power relay circuit in the mechanical part of the simulator which is shown in FIG. 3. The controlling signals, opening the relay will supply voltage to the front or rear pair of pushing actuators (linear actuators) of a vertical channel 9, if the terrain in the virtual model changes in elevations. The efforts on the actuators 9 will cause the rotation of the support levers 8. Due to these efforts of the external power frame 11 (or the simulator in General) will raise the front or rear of your part at a maximum angle relative to the floor surface±15°, which would correspond to the maximum possible slope of the slope of the virtual route in the longitudinal direction.”).
Regarding claim 14, Khilmanovich shows wherein: the one or more lifting mechanisms comprise: a second motor (the motor which receives control signals and drives piston and cylinder 9 in the rear, i.e. farthest from motor 7); and a second connector (support lever 8) operatively connecting the second motor to a second portion of the exercise platform adjacent the rear end; and the computing hardware is configured to control each of the first motor and the second motor to adjust a length of the first connector and the second connector to adjust the orientation of the exercise surface about the pivot point (para. 25: “In the process of implementing a virtual model work instructions converted in the main controller into the control signals will flow to the power relay circuit in the mechanical part of the simulator which is shown in FIG. 3. The controlling signals, opening the relay will supply voltage to the front or rear pair of pushing actuators (linear actuators) of a vertical channel 9, if the terrain in the virtual model changes in elevations. The efforts on the actuators 9 will cause the rotation of the support levers 8. Due to these efforts of the external power frame 11 (or the simulator in General) will raise the front or rear of your part at a maximum angle relative to the floor surface±15°, which would correspond to the maximum possible slope of the slope of the virtual route in the longitudinal direction.”).
Claims 15-16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khilmanovich (US Pat. 2020/0254300). Khilmanovich describes the same invention as claimed, including:
Regarding claim 15, Khilmanovich shows: An exercise platform (treadmill frame 12 is considered an exercise platform, see Fig. 3) comprising: a front end (front end is considered the end housing traction motor 7); a rear end (Fig. 3, rear end is considered to be the end opposite to that housing traction motor 7); an exercise surface that extends substantially between the front end and the rear end (para. 20: “the belt of the treadmill 17”); one or more lifting mechanisms (9) configured to adjust an orientation of the exercise surface about a pivot point positioned between the front end and the rear end, wherein the one or more lifting mechanisms comprise: a first motor (The motor which receives control signals and drives piston and cylinder 9 in the front, i.e. closest to motor 7); a first connector (support lever 8) operatively connecting the first motor to a first portion of the exercise platform adjacent the front end; a second motor (the motor which receives control signals and drives piston and cylinder 9 in the rear, i.e. farthest from motor 7); and a second connector (support lever 8) operatively connecting the second motor to a second portion of the exercise platform adjacent the rear end; and computing hardware configured to control each of the first motor and the second motor to adjust a length of the first connector and the second connector to adjust the orientation of the exercise surface about the pivot point (para. 25: “In the process of implementing a virtual model work instructions converted in the main controller into the control signals will flow to the power relay circuit in the mechanical part of the simulator which is shown in FIG. 3. The controlling signals, opening the relay will supply voltage to the front or rear pair of pushing actuators (linear actuators) of a vertical channel 9, if the terrain in the virtual model changes in elevations. The efforts on the actuators 9 will cause the rotation of the support levers 8. Due to these efforts of the external power frame 11 (or the simulator in General) will raise the front or rear of your part at a maximum angle relative to the floor surface±15°, which would correspond to the maximum possible slope of the slope of the virtual route in the longitudinal direction.”).
Regarding claim 16, Khilmanovich shows wherein the pivot point is disposed in a position comprising at least one of centrally along a length defined by the exercise platform; one third along the length, or two-thirds along the length (Fig. 3, annotated by Examiner above).
Regarding claim 19, Khilmanovich shows wherein the exercise platform comprises at least one of a rowing machine, a treadmill, a bicycle, a Jacob's ladder, or a climbing wall (Fig. 3 depicts a treadmill).
Regarding claim 20, Khilmanovich shows wherein the computing hardware is further configured to automatically adjust the orientation of the running surface about the pivot point in response to a particular stimulus (para. 27: “Thus, the bidirectional change of the virtual terrain will lead to an actual change in the spatial position of the treadmill relative to the floor of the gym. Due to this, there will be full compliance with the real changes of load on muscles train to training on difficult terrain.” The changes on a virtual terrain are considered the “particular stimulus” required by the claim).
Claim(s) 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sbragia (US Pat. 10,493,324). Sbragia describes the same invention as claimed, including:
Regarding claim 10, A exercise platform (115) comprising: a front end (133); a read end (opposite end from 133); an exercise surface that extends substantially between the front end and the rear end (Fig. 1); one or more lifting mechanisms (106) configured to adjust an orientation of the exercise surface about a pivot point (109) positioned centrally between the front end and the rear end; and computing hardware (118) configured to control the one or more lifting mechanisms to adjust an incline level of the running surface about the pivot point (109).
Regarding claim 11, wherein the one or more lifting mechanisms comprise at least one lifting bag disposed beneath the exercise platform configured to expand and contract through to adjust the incline level of the exercise surface (col. 2, lines 23-28: “FIG. 1 illustrates a cross section of an embodiment of a low-cost balance exerciser 100 for use at work. An exemplary embodiment of the balance exerciser 100 includes a base 103, upon which a central support 112 for a ball joint 109 and an inflatable elastic toroidal bladder 106 are disposed.”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Barton (US Pat. 5,885,197). Barton describes the invention substantially as claimed, including:
Regarding claim 1, A exercise platform (24) comprising: a front end (36); a read end (44); an exercise surface that extends substantially between the front end and the rear end (Fig. 8); one or more lifting mechanisms (72, 70) configured to adjust an orientation of the exercise surface about a pivot point positioned between the front end and the rear end (Fig. 8, Fig. 9), wherein the one or more lifting mechanisms comprise: a first motor (70); a first connector (74) operatively connecting the first motor to a first portion of the exercise platform adjacent the front end; Furthermore, the pivoting frame is preferably controlled through operation of a gear motor which will fix the location of this frame at any desired angular position. It is also contemplated that the motor will be controllable while the user is positioned on the equipment so that various forms of exercise are achievable without the need for the user to get off to adjust the equipment.”).
As indicted by strikethrough above, Barton does not show a second motor for adjusting the pivot angle of the platform.
Before the effective filing date of the claimed invention, it would have been prima facie obvious to duplicate the motor of Barton. Doing so provides the predictable result of allowing more defined pivoting of the head and foot end of the platform. Therefore, it would have been prima facie obvious to duplicate the motor part of Barton to obtain the invention as claimed.
Regarding claim 2, wherein the pivot point (Figs. 8 and 9) is disposed in a central position between the front end and the rear end.
Regarding claim 3, wherein the first connector operatively connects the first motor to the first portion of the exercise platform via at least one rotating connector (Figs. 8 and 9).
Regarding claim 4, wherein the at least one rotating connector comprises at least one of a sprocket or a pulley (spindle and pulley assembly 76).
Regarding claim 5, wherein each of the first connector and the second connector comprise at least one of a chain or a cable (72).
Regarding claim 8, further comprising a gearbox configured to apply holding torque to the first connector (col. 3, line 23-27: “In a preferred form of the invention, the motor 70 comprises a gear motor such as a Leeson 1/4 horsepower DC motor. The spindle and pulley assembly 76 driven by the motor automatically locks in position whenever the motor is stopped.”).
Claim(s) 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Barton (US Pat. 5,885,197). Barton describes the invention substantially as claimed, including:
Regarding claim 15, A exercise platform (24) comprising: a front end (36); a read end (44); an exercise surface that extends substantially between the front end and the rear end (Fig. 8); one or more lifting mechanisms (72, 70) configured to adjust an orientation of the exercise surface about a pivot point positioned between the front end and the rear end (Fig. 8, Fig. 9); wherein the one or more lifting mechanisms comprise: a first motor (70); a first connector (74) operatively connecting the first motor to a first portion of the exercise platform adjacent the front end; Furthermore, the pivoting frame is preferably controlled through operation of a gear motor which will fix the location of this frame at any desired angular position. It is also contemplated that the motor will be controllable while the user is positioned on the equipment so that various forms of exercise are achievable without the need for the user to get off to adjust the equipment.”).
As indicted by strikethrough above, Barton does not show a second motor for adjusting the pivot angle of the platform.
Before the effective filing date of the claimed invention, it would have been prima facie obvious to duplicate the motor of Barton. Doing so provides the predictable result of allowing more defined pivoting of the head and foot end of the platform. Therefore, it would have been prima facie obvious to duplicate the motor part of Barton to obtain the invention as claimed.
Regarding claim 16, wherein the pivot point (Figs. 8 and 9) is disposed in a position comprising at least one of centrally along a length defined by the exercise platform; one third along the length, or two-thirds along the length.
Regarding claim 17, wherein the first connector operatively connects the first motor to the first portion of the treadmill via at least one rotating connector (Figs. 8 and 9); the at least one rotating connector comprises at least one of a sprocket or a pulley (76).
Regarding claim 18, wherein each of the first connector and the second connector comprise at least one of a chain or a cable (72).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 for cited art of interest.
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/SUNDHARA M GANESAN/ Primary Examiner, Art Unit 3784