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 .
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: adjustable screen unit in claim 1, understood to be a moveable display.
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 § 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 1-18 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.
In claim 1, applicant has recited “a first cable” twice – it is unclear if there are two cables, or if the second recitation should read “the first cable”. Correction is required.
Claims not specifically addressed above rejected for depending from a rejected parent claimed.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 and 8-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Carruthers et al (US2021/0086025; effectively filed 12/10/2020).
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Carruthers teaches regarding claim:
1. An exercise machine (see, e.g., FIGs 24-27) including: a resistance unit comprising :a first cable (73); and a motor providing a controllable tension force on a first cable (motor 47); and an adjustable screen unit (central console with screen 40), wherein the adjustable screen unit is at least one of tiltable, rotatable, and translatable (rotatable about 39 as seen in FIG 20b; translatable along rails 11, 12 via bearings 62 as seen in FIG 25).
2. The exercise machine of claim 1, wherein the exercise machine further comprises a set of rails, wherein the screen unit is translatable along the set of rails (rails/side beams 11/13, translatable as discussed above).
3. The exercise machine of claim 2, wherein the resistance unit and the screen unit are integrated as a single unit (same central console as seen above), and wherein the resistance unit and the screen unit are translatable together along the set of rails (moving together along rails 11,13).
4. The exercise machine of claim 3, wherein the integrated resistance and screen unit further comprises one or more arms (arm 39).
5. The exercise machine of claim 2, wherein the resistance unit and the screen unit are separate units, and wherein the screen unit is translatable separately from the resistance unit (in an alternative view, 40 is a separate element from the central console and motor, and is separately translatable by moving 39 up and down by adjusting clamp 57).
6. The exercise machine of claim 1, wherein the exercise machine is stowed at least in part by rotating the screen unit until a display of the screen unit is hidden (screen 40 can be turned backwards as seen in FIG 20b in what can be considered a stowed position).
8. The exercise machine of claim 1, wherein the screen unit is separately adjustable from the resistance unit (about 39 as seen and discussed above).
9. The exercise machine of claim 1, wherein the exercise machine is mountable on a wall (this is a functional limitation, and a wall is not required by the claim, nor is associated mounting hardware – a bracket or bolts could be used to attach/connect the machine to a wall and it is thus wall-mountable in the broadest reasonable interpretation of the limitation).
10. The exercise machine of claim 9, wherein the exercise machine comprises a sensor, and wherein the sensor is configured to detect a distance between the exercise machine and the wall (proximity sensors 53 and 54 could be used to measure distance from a wall).
11. The exercise machine of claim 1, wherein the resistance unit further comprises an actuator coupled to the first cable (resistance dial/manual actuator 59).
12. The exercise machine of claim 1, wherein the resistance unit further comprises an encoder, wherein the encoder determines a position (encoder/sensors for determining exercise metrics such as position – “[0149] A tablet computer 40 is mounted on the crossbar 12, in a location easily accessible by a user U, such that the user U can operate the tablet computer 40 while operating the machine 1. Tablet computer 40 includes a viewing screen that allows a user U to perceive digital content while operating the machine 1. Tablet computer 40 can also collect and display data pertaining to the user U's performance while operating the machine 1. At least a portion of the performance data corresponding to user U's use of the machine 1 can be captured by sensors located on various components of the machine 1, such as a movable electronic sensor 53 and a stationary electronic sensor 54. As best illustrated in FIGS. 20A and 20B, the movable electronic sensor 53 is mounted on a forward section of a handle adjustment plate 19 and stationary electronic sensor 54 is mounted on an adjacent section of an upright 11, such that when handle adjustment plate 19 moves in a reciprocating linear pattern along upright 11, the movable electronic sensor 53 passes in close proximity to stationary electronic sensor 54, and either or both of the movable electronic sensor 53 and the stationary electronic sensor 54 collects data and transfers these data to tablet computer 40. Tablet computer 40 can also collect and display data from the resistance motor 47 and other electronic devices and components that interact with machine”).
13. The exercise machine of claim 1, wherein the resistance unit further comprises an encoder, wherein the encoder determines a position, wherein the position is at least one of position of the motor and position of an actuator – sensors/encoders can determine many parameters, including the amount of resistance/work done on the axle, which is indicative of a position of the manual actuator 59; see “[0124] In embodiments, climbing exercise machines of the present invention may comprise a sensor or device for measuring and/or recording at least one parameter associated with a use of the machine that corresponds to a parameter of interest to the user. Specifically, many users desire to measure, record, or calculate parameters such as a length of the workout, an effective distance climbed during the workout, a quantity of energy expended the workout, and so on. In some cases these parameters can be measured directly (e.g. by timing the workout), while others may be calculated from parameters associated with the machine, e.g., the total distance traveled by the reciprocating, self-lubricating slides, the number of rotations of the axle, and/or the work done on the axle (total and/or per rotation). Accordingly, the sensor or device may measure and/or record the parameter associated with the machine and, optionally, convert this parameter to a parameter of interest to the user according to an algorithm. In some embodiments, data comprising the parameter associated with the machine and/or the parameter of interest to the user may be presented to the user in a graphical user interface of the tablet computer of the exercise machine.”.
14. The exercise machine of claim 1, wherein the motor providing the controllable tension force on the first cable provides the controllable tension force based at least in part on a position (resistance adjusted during the workout/at different positions during the workout; see “[0122] In embodiments, climbing exercise machines of the present invention may comprise a braking feature that increases the resistance the user encounters during exercise and thereby increases the intensity and/or effectiveness of the user's workout. Generally, the braking feature comprises a device or means that slows the rotation of the axle and/or increases the amount of work required to rotate the axle. By way of non-limiting example, such braking features may include a hydraulic pump, a magnetic and/or electromagnetic device that acts to slow or retard the rotation of the axle (e.g. an eddy current brake), and/or a friction brake. The degree of braking, i.e. the magnitude of the braking effect imparted by the braking feature and thus of the increase in work needed to rotate the axle, may be selectively adjusted by a user, for example by use of a knob or other user input device.” .
15. The exercise machine of claim 1, wherein the motor providing the controllable tension force on the first cable provides the controllable tension force based at least in part on a position, wherein the position is at least one of position of the motor and position of an actuator (position of manual actuator/resistance dial 59 as discussed above).
16. The exercise machine of claim 1, wherein the resistance unit further comprises: an actuator coupled to the first cable, and an encoder, wherein the encoder determines a position (as discussed above).
17. The exercise machine of claim 1, wherein the resistance unit further comprises: an actuator coupled to the first cable, and an encoder, wherein the encoder determines a position, wherein the position is at least one of position of the motor and position of the actuator (as discussed above).
18. The exercise machine of claim 1, wherein the resistance unit further comprises: an actuator coupled to the first cable, and an encoder, wherein the encoder determines a position, wherein the position is at least one of position of the motor and position of an actuator, and wherein the motor providing the controllable tension force on the first cable provides the controllable tension force based at least in part on a position, wherein the position is at least one of position of the motor and position of the actuator (as discussed above).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carruthers.
Carruthers teaches regarding claim: 7. The exercise machine of claim 1, but does not teach the above wherein the screen unit is rotatable between a portrait orientation and a landscape orientation. The Office Takes Official Notice that screens rotatable between portrait and landscape are old and well known in the art. Including such with the prior art invention would provide the advantage of providing different formats for the user to interact with the display depending on the type of content. Therefore, the addition of such to the prior art invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARRETT K ATKINSON whose telephone number is (571)272-8117. The examiner can normally be reached 0800-1800 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARRETT K ATKINSON/Primary Examiner, Art Unit 3784