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 .
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
The drawings are objected to because Figs. 3A-C are photographs. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 16 is objected to because of the following informalities:
Claim 16 Lines 3-4 recites “presented a display”, should be replaced with --presented on a display--. Appropriate correction is required.
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: “auto-follow system” in claims 1-15.
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. The specifications do not provide specific structures for the system. Refer to 35 U.S.C 112b Rejection below.
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
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitation “auto-follow system” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The specifications indicate that “ [22]n some cases, the exercise machine 110 can include and/or support an auto-follow system or automatic modification of one or more settings or parameters associated with the machine during an exercise class of activity. For example, the exercise machine 110, such as an exercise bicycle or treadmill, may support and/or provide an auto-follow mode of operation. During the auto-follow mode of operation, the exercise 110 machine automatically adjusts its settings in accordance with target ranges. [23] or example, an exercise bicycle may automatically adjust the resistance, via an electronic brake (e.g., as part of a resistance system), applied to a flywheel in accordance with a target resistance range. As another example, a treadmill may automatically adjust the speed and/or incline, via one or more motors, in accordance with a target speed or incline range.”, [26]imilarly, the auto-follow mode may perform automatic adjustments to maintain the user in other output or effort levels, such as within a target heart rate zone, within or near a score associated with a user’s calculated or determined effort, and so on. Further details regarding the implementation of the auto-follow mode with the exercise machine 110 can be found in U.S. Patent No. 11,794,054, issued on November 24, 2023, entitled BRAKING SYSTEMS AND METHODS FOR EXERCISE EQUIPMENT, which is incorporated by reference in its entirety.”..[27]:”The exercise machine 110 includes or incorporates a media hub 120 and a user interface 125. The media hub 120, in some cases, captures images and/or video of the user 105, such as images of the user 105 performing different movements, or poses,”, And “[35] further, any or all components depicted in the Figures described herein can be supported and/or implemented via one or more computing systems or servers. Although not required, aspects of the various components or systems are described in the general context of computer-executable instructions, such as routines executed by a general-purpose computer, e.g., mobile device, a server computer, or personal computer. The system can be practiced with other communications, data processing, or computer system configurations, including: Internet appliances, hand-held devices, wearable devices, or mobile devices (e.g., smart phones, tablets, laptops, smart watches), all manner of cellular or mobile phones, multi-processor systems, microprocessor-based or programmable consumer electronics, set-top boxes, network PCs, mini-computers, mainframe computers, AR/VR devices, gaming devices, and the like. Indeed, the terms “computer,” "host," and "host computer," and “mobile device” and “handset” are generally used interchangeably herein and refer to any of the above devices and systems, as well as any data processor.”.
Claims 16 and 20 recite “receiving cue data” and “determining a current output”, however, it is unclear what is performing the “receiving” and “determining”. In order to proceed, the Office will interpret the claim such that a sensor is receiving cue data and a processor is determining current output.
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.
(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) 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Intonato et al (US 20190336827 A1).
Regarding Claim 16, Intonato et al teaches a method performed by an auto-follow system of an exercise machine, the method comprising: receiving cue data synchronized with a streaming exercise class presented by a display the exercise machine (Refer to Paragraph [0110]:” At 810 the server 302 may embed, link, and/or otherwise associate the executable control 418 with the video file generated at 804 such that playback of at least part of the video file by the processor of the digital hardware 148 (e.g., by the processor of the second exercise machine 102) via the display 104 may result in display of the executable control 418. In particular, at 810 the server 302 may link the executable control 418 to a part of the video file corresponding to the timestamp associated with the command and identified at 806. In such examples, the timestamp may comprise an elapsed time of the video file generated at 804 and/or during the exercise class at which the instructor uttered the command. “); determining a current output of a user of the exercise device performing an exercise activity during the streaming exercise class (Refer to Paragraph [0044]:” An example user interface 200 may also include a scorecard 204, leaderboard, or other component providing rankings, output, exercise machine parameters, user data, and/or other information related to other users participating in (either in real time, or previously) the exercise class being displayed on the display 104. An example user interface 200 may further include various display bars 206 or other components providing performance metrics, performance information, and/or other user data associated with the user 106. Such information may include, for example, various settings or other parameters of the exercise machine 102 (e.g., a current incline of the deck 112, a current speed of the belt 120, a current pedal cadence of a stationary bicycle, a current braking force or resistance of the stationary bicycle, etc.), an output of the user 106, and/or other information corresponding to the user 106 participating in an exercise class. Additionally, in some examples the user interface 200 may include one or more executable controls 210 operable to modify an incline of the deck 112, a speed of the belt 120, a pedal cadence of a stationary bicycle, a braking force or resistance of the stationary bicycle, and/or other parameters of the exercise machine 102 while the user 106 is participating in an exercise class”); and causing the resistance system to adjust the resistance applied to the flywheel to maintain the current output of the user within a range of output values identified by the received cue data (Refer to Paragraph [0057]:” The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance. For example, the exercise machine 102 may adjust the difficulty to maintain a particular performance parameter such as heart rate within a particular range or to meet a particular performance target. Any of the executable controls described herein may be generated and/or configured to modify a parameter of the exercise machine 102 in order to assist the user 106 in meeting and/or exceeding such performance goals or targets.”… [0110]:” As a result, when providing the exercise class to the user 106 via the user interface 500 (e.g., either in substantially real time via live streaming, and/or upon playback of the exercise class using an archived video file), the processor of the digital hardware 148 (e.g., the processor of the second exercise machine 102) may provide the executable control 418 at the point in time during the exercise class in which the instructor uttered the verbal command.”).
Regarding Claim 17, Intonato et al continues to teach further comprising: identifying a midpoint level for the range of output values identified by the received cue data (Refer to Paragraph [0061]:” For example, the display 104 can indicate a particular metric in a color that indicates current performance compared to average performance for an exercise class or over time, such as red to indicate that current performance of the user 106 is below average or green to indicate above average performance. Trends or relative performance can also be shown using color and graphics, such as a red down arrow to show that current performance is below average.”..The Office takes the position that the device is capable of detecting a midpoint (average) of the performance of a range target value); and causing the resistance system to adjust the resistance applied to the exercise machine to cause the current output of the user to match the identified midpoint level for the range of output values (Refer to Paragraph [0057]:” The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance. For example, the exercise machine 102 may adjust the difficulty to maintain a particular performance parameter such as heart rate within a particular range or to meet a particular performance target. Any of the executable controls described herein may be generated and/or configured to modify a parameter of the exercise machine 102 in order to assist the user 106 in meeting and/or exceeding such performance goals or targets.”).
Regarding Claim 18, Intonato et al continues to teach further comprising: identifying a percentage change associated with adjusting the current output of the user to the range of output values identified by the received cue data (Refer to Paragraph [0094]:” In any of the examples described herein, one or more of the workout summary graphics 620, 622 of the user interface 600a may also include information 628 indicating an amount of time, a percentage of the workout, and/or other indicia representing the user's adherence to, for example, a target range (e.g., a target cadence range) indicated by the visual indicia 624.”); determining the identified percentage change exceeds a maximum allowable change of output values (Refer to Paragraph [0037]:” Where appropriate, such information can be calculated as current/instantaneous values, maximum, minimum, average, or total over time, or using any other statistical analysis. Trends can also be determined, stored, and displayed to the user, the instructor, and/or other users. Such sensors 147 may communicate with memory and/or processors of the digital hardware 148 associated with the exercise machine 102, nearby, or at a remote location, using wired or wireless connections.”); and causing the resistance system to adjust the resistance applied to the exercise machine to cause the current output of the user to adjust an output value that is associated with the maximum allowable change of output values (Refer to Paragraph [0057]:” The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance. For example, the exercise machine 102 may adjust the difficulty to maintain a particular performance parameter such as heart rate within a particular range or to meet a particular performance target. Any of the executable controls described herein may be generated and/or configured to modify a parameter of the exercise machine 102 in order to assist the user 106 in meeting and/or exceeding such performance goals or targets.”).
Regarding Claim 19, Intonato et al continues to teach where the exercise machine is an exercise bicycle or a treadmill (Refer to Fig. 1).
Regarding Claim 20, Intonato et al teaches a non-transitory computer readable medium whose contents, when executed by a computing system of an exercise machine (Refer to Paragraph [0035] The digital hardware 148 (shown in phantom in FIGS. 1 and 2) associated with the exercise machine 102 may be connected to or integrated with the exercise machine 102, or it may be located remotely and wired or wirelessly connected to the exercise machine 102. The digital hardware 148 may include digital storage (e.g., a hard drive or other such memory), one or more processors (e.g., a microprocessor) or other like computers or controllers, communications hardware, software,”), cause the computing system to perform a method, the method comprising: receiving cue data synchronized with a streaming exercise class presented by a display the exercise machine (Refer to Paragraph [0110]:” At 810 the server 302 may embed, link, and/or otherwise associate the executable control 418 with the video file generated at 804 such that playback of at least part of the video file by the processor of the digital hardware 148 (e.g., by the processor of the second exercise machine 102) via the display 104 may result in display of the executable control 418. In particular, at 810 the server 302 may link the executable control 418 to a part of the video file corresponding to the timestamp associated with the command and identified at 806. In such examples, the timestamp may comprise an elapsed time of the video file generated at 804 and/or during the exercise class at which the instructor uttered the command. “); identifying a midpoint level for the range of output values identified by the received cue data (Refer to Paragraph [0061]:” For example, the display 104 can indicate a particular metric in a color that indicates current performance compared to average performance for an exercise class or over time, such as red to indicate that current performance of the user 106 is below average or green to indicate above average performance. Trends or relative performance can also be shown using color and graphics, such as a red down arrow to show that current performance is below average.”..The Office takes the position that the device is capable of detecting a midpoint (average) of the performance of a range target value); determining a current output level exhibited by a user of the exercise machine performing an exercise activity via the exercise machine (Refer to Paragraph [0044]:” An example user interface 200 may also include a scorecard 204, leaderboard, or other component providing rankings, output, exercise machine parameters, user data, and/or other information related to other users participating in (either in real time, or previously) the exercise class being displayed on the display 104. An example user interface 200 may further include various display bars 206 or other components providing performance metrics, performance information, and/or other user data associated with the user 106. Such information may include, for example, various settings or other parameters of the exercise machine 102 (e.g., a current incline of the deck 112, a current speed of the belt 120, a current pedal cadence of a stationary bicycle, a current braking force or resistance of the stationary bicycle, etc.), an output of the user 106, and/or other information corresponding to the user 106 participating in an exercise class. Additionally, in some examples the user interface 200 may include one or more executable controls 210 operable to modify an incline of the deck 112, a speed of the belt 120, a pedal cadence of a stationary bicycle, a braking force or resistance of the stationary bicycle, and/or other parameters of the exercise machine 102 while the user 106 is participating in an exercise class”); and adjusting a resistance applied to the exercise machine to modify the current output level exhibited by the user to the midpoint level for the range of output values (Refer to Paragraph [0057]:” The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance. For example, the exercise machine 102 may adjust the difficulty to maintain a particular performance parameter such as heart rate within a particular range or to meet a particular performance target. Any of the executable controls described herein may be generated and/or configured to modify a parameter of the exercise machine 102 in order to assist the user 106 in meeting and/or exceeding such performance goals or targets….[0066] In other examples, on the other hand, one or more executable controls 418 of the present disclosure may be configured to receive an input (e.g., a touch input) from the user 106. In such examples, an executable control 418 may be operable to modify a parameter of the exercise machine 102 while the user 106 is participating in an exercise class. For example, such an executable control 418 may be configured to modify a speed of the belt 120 in accordance with a desired speed or pace identified by the instructor. In further examples, one or more executable controls 418 of the present disclosure may be configured to modify an incline of the deck 112, a resistance associated with the belt 120, a pedal cadence of a stationary bicycle, a braking force or resistance of the stationary bicycle, and/or other parameters of the exercise machine 102”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Intonato et al (US 20190336827) in view of Foley et al (US 20140038781 A1).
Regarding Claim 1, Intonato et al teaches an exercise device, comprising: a frame 112,130; a flywheel (Refer to Paragraph [0029]:” Such an example belt 120 may include one or more continuous tracks (not shown) movably coupled to a gear, flywheel, pulley, and/or other component of the deck 112. In such examples, such a gear, flywheel, pulley, and/or other component of the deck 112 may be coupled to an output shaft or other component of the second motor described above.”); a display 104; a resistance system coupled to the flywheel and configured to adjust a resistance applied to the flywheel; and an auto-follow system configured to cause the resistance system to automatically adjust the resistance applied to the flywheel (Refer to Paragraph [0034]:”Such information may include, for example, various settings or other parameters of the exercise machine 102 (e.g., a current incline of the deck 112, a current speed of the belt 120, a current pedal cadence of a stationary bicycle, a current braking force or resistance of the stationary bicycle, etc.), an output of the user 106, and/or other information corresponding to the user 106 participating in an exercise class. Additionally, in some examples the user interface 200 may include one or more executable controls 210 operable to modify an incline of the deck 112, a speed of the belt 120, a pedal cadence of a stationary bicycle, a braking force or resistance of the stationary bicycle, and/or other parameters of the exercise machine 102 while the user 106 is participating in an exercise class”), by: receiving cue data synchronized with a streaming exercise class presented by the display (Refer to Paragraph [0110]:” At 810 the server 302 may embed, link, and/or otherwise associate the executable control 418 with the video file generated at 804 such that playback of at least part of the video file by the processor of the digital hardware 148 (e.g., by the processor of the second exercise machine 102) via the display 104 may result in display of the executable control 418. In particular, at 810 the server 302 may link the executable control 418 to a part of the video file corresponding to the timestamp associated with the command and identified at 806. In such examples, the timestamp may comprise an elapsed time of the video file generated at 804 and/or during the exercise class at which the instructor uttered the command. “); determining a current output of a user of the exercise device performing an exercise activity during the streaming exercise class (Refer to Paragraph [0044]:” An example user interface 200 may also include a scorecard 204, leaderboard, or other component providing rankings, output, exercise machine parameters, user data, and/or other information related to other users participating in (either in real time, or previously) the exercise class being displayed on the display 104. An example user interface 200 may further include various display bars 206 or other components providing performance metrics, performance information, and/or other user data associated with the user 106. Such information may include, for example, various settings or other parameters of the exercise machine 102 (e.g., a current incline of the deck 112, a current speed of the belt 120, a current pedal cadence of a stationary bicycle, a current braking force or resistance of the stationary bicycle, etc.), an output of the user 106, and/or other information corresponding to the user 106 participating in an exercise class. Additionally, in some examples the user interface 200 may include one or more executable controls 210 operable to modify an incline of the deck 112, a speed of the belt 120, a pedal cadence of a stationary bicycle, a braking force or resistance of the stationary bicycle, and/or other parameters of the exercise machine 102 while the user 106 is participating in an exercise class”); and causing the resistance system to adjust the resistance applied to the flywheel to maintain the current output of the user within a range of output values identified by the received cue data (Refer to Paragraph [0057]:” The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance. For example, the exercise machine 102 may adjust the difficulty to maintain a particular performance parameter such as heart rate within a particular range or to meet a particular performance target. Any of the executable controls described herein may be generated and/or configured to modify a parameter of the exercise machine 102 in order to assist the user 106 in meeting and/or exceeding such performance goals or targets.”.. [0110]:” As a result, when providing the exercise class to the user 106 via the user interface 500 (e.g., either in substantially real time via live streaming, and/or upon playback of the exercise class using an archived video file), the processor of the digital hardware 148 (e.g., the processor of the second exercise machine 102) may provide the executable control 418 at the point in time during the exercise class in which the instructor uttered the verbal command.”). Intonato et al teaches that the exercise device can be an exercise bicycle but fails to expressly disclose an exercise bicycle with a frame, flywheel, display and resistance system. Foley et al teaches an exercise system comprising an exercise bicycle comprising a frame 106, flywheel 122, display 104 and resistance system (Refer to Paragraph [0035]). Foley et al is from the same field of endeavor as Applicants invention and therefore it would have been obvious to modify the exercise device of Intonato et al to be an exercise bicycle comprising a frame, flywheel, display, and resistance system since Foley et al teaches such exercise bicycles are known in the art to allow access to class streaming (Refer to Foley et al Paragraph [0058]) like Intonato et al and therefore does not patentably distinguish the invention over prior arts.
Regarding Claim 2, Intonato et al in view of Foley et al continues to teach wherein the cue data is associated with an output range spoken by an instructor of the streaming exercise class during presentation of the streaming exercise class (Refer to Paragraph [0110]:” In such examples, the timestamp may comprise an elapsed time of the video file generated at 804 and/or during the exercise class at which the instructor uttered the command. As a result, when providing the exercise class to the user 106 via the user interface 500 (e.g., either in substantially real time via live streaming, and/or upon playback of the exercise class using an archived video file), the processor of the digital hardware 148 (e.g., the processor of the second exercise machine 102) may provide the executable control 418 at the point in time during the exercise class in which the instructor uttered the verbal command.”).
Regarding Claim 3, Intonato et al in view of Foley et al continues to teach wherein the output range spoken by the instructor is a power zone associated with an effort level for performing the exercise activity, and wherein maintaining the current output of the user within a range of output values identified by the received cue data includes selecting output values mapped to the power zone that are specific to the user performing the exercise activity (Refer to Intonato et al Paragraph [0054]:” For example, the instructor may set target metrics e.g. target power and speed, then display this next to users' readings with a color coding to indicate whether or not the user is meeting this target. The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance.”)..Paragraph [0061]:” Information elements may be provided on different parts of the display screen to indicate any performance metrics, including total time, elapsed time, time left, distance, speed (e.g., speed of the belt 120), mile pace of the user 106, incline (e.g., incline of the deck 112), elevation, resistance, braking force, power, total work, energy expended (e.g., output), cadence (e.g., pedal cadence), power zone, heart rate, respiration, hydration, calorie burn, and/or any custom performance scores that may be developed. The displayed information may also include the trend or relationship between different performance metrics. For example, the display 104 can indicate a particular metric in a color that indicates current performance compared to average performance for an exercise class or over time, such as red to indicate that current performance of the user 106 is below average or green to indicate above average performance. Trends or relative performance can also be shown using color and graphics, such as a red down arrow to show that current performance is below average. The displayed information may further include settings, parameters, or other information (e.g., actual settings or settings requested by the instructor) related to the activity being performed during one or more segments of the exercise class (e.g., a setting or position of a seat of the exercise machine 102, a stride type, a stretch position or form, etc.).”).
Regarding Claim 4, Intonato et al in view of Foley et al continues to teach wherein the output values mapped to the power zone that are specific to the user include output values that are based on percentage of a functional threshold power (FTP) of the user when performing the exercise activity (Refer to Paragraph [0051]:” Additionally or alternatively, such a command may correspond to any other performance metric or parameter (e.g., a power zone, a stride type, a position of a seat associated with the exercise machine 102, a stretching technique or form, etc.) associated with the exercise class being performed by the instructor.” & [0132]-[0133])
Regarding Claim 5, Intonato et al in view of Foley et al continues to teach wherein determining a current output of a user of the exercise bicycle performing the exercise activity during the streaming exercise class includes accessing a resistance setting and a cadence setting of the exercise bicycle while the user is performing the exercise activity (Paragraph [0061]:” Information elements may be provided on different parts of the display screen to indicate any performance metrics, including total time, elapsed time, time left, distance, speed (e.g., speed of the belt 120), mile pace of the user 106, incline (e.g., incline of the deck 112), elevation, resistance, braking force, power, total work, energy expended (e.g., output), cadence (e.g., pedal cadence), power zone, heart rate, respiration, hydration, calorie burn, and/or any custom performance scores that may be developed. The displayed information may also include the trend or relationship between different performance metrics. For example, the display 104 can indicate a particular metric in a color that indicates current performance compared to average performance for an exercise class or over time, such as red to indicate that current performance of the user 106 is below average or green to indicate above average performance. Trends or relative performance can also be shown using color and graphics, such as a red down arrow to show that current performance is below average. The displayed information may further include settings, parameters, or other information (e.g., actual settings or settings requested by the instructor) related to the activity being performed during one or more segments of the exercise class (e.g., a setting or position of a seat of the exercise machine 102, a stride type, a stretch position or form, etc.).”).
Regarding Claim 6, Intonato et al in view of Foley et al continues to teach further comprising: identifying a midpoint level for the range of output values identified by the received cue data (Refer to Paragraph [0061]:” For example, the display 104 can indicate a particular metric in a color that indicates current performance compared to average performance for an exercise class or over time, such as red to indicate that current performance of the user 106 is below average or green to indicate above average performance. Trends or relative performance can also be shown using color and graphics, such as a red down arrow to show that current performance is below average.”..The Office takes the position that the device is capable of detecting a midpoint (average) of the performance of a range target value); and causing the resistance system to adjust the resistance applied to the flywheel to cause the current output of the user to match the identified midpoint level for the range of output values (Refer to Paragraph [0057]:” The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance. For example, the exercise machine 102 may adjust the difficulty to maintain a particular performance parameter such as heart rate within a particular range or to meet a particular performance target. Any of the executable controls described herein may be generated and/or configured to modify a parameter of the exercise machine 102 in order to assist the user 106 in meeting and/or exceeding such performance goals or targets.”).
Regarding Claim 7, Intonato et al in view of Foley et al continues to teach further comprising: identifying a percentage change associated with adjusting the current output of the user to the range of output values identified by the received cue data (Refer to Paragraph [0094]:” In any of the examples described herein, one or more of the workout summary graphics 620, 622 of the user interface 600a may also include information 628 indicating an amount of time, a percentage of the workout, and/or other indicia representing the user's adherence to, for example, a target range (e.g., a target cadence range) indicated by the visual indicia 624.”); determining the identified percentage change exceeds a maximum allowable change of output values (Refer to Paragraph [0037]:” Where appropriate, such information can be calculated as current/instantaneous values, maximum, minimum, average, or total over time, or using any other statistical analysis. Trends can also be determined, stored, and displayed to the user, the instructor, and/or other users. Such sensors 147 may communicate with memory and/or processors of the digital hardware 148 associated with the exercise machine 102, nearby, or at a remote location, using wired or wireless connections.”); and causing the resistance system to adjust the resistance applied to the flywheel to cause the current output of the user to adjust an output value that is associated with the maximum allowable change of output values (Refer to Paragraph [0057]:” The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance. For example, the exercise machine 102 may adjust the difficulty to maintain a particular performance parameter such as heart rate within a particular range or to meet a particular performance target. Any of the executable controls described herein may be generated and/or configured to modify a parameter of the exercise machine 102 in order to assist the user 106 in meeting and/or exceeding such performance goals or targets.”).
Regarding Claim 8, Intonato et al in view of Foley et al continues to teach wherein the maximum allowable change of output values is specific to an increase in a resistance applied to the flywheel during the exercise activity (Refer to Paragraph [0061]:” Information elements may be provided on different parts of the display screen to indicate any performance metrics, including total time, elapsed time, time left, distance, speed (e.g., speed of the belt 120), mile pace of the user 106, incline (e.g., incline of the deck 112), elevation, resistance, braking force, power, total work, energy expended (e.g., output), cadence (e.g., pedal cadence), power zone, heart rate, respiration, hydration, calorie burn, and/or any custom performance scores that may be developed. …[0132]:”For instance, one or more minimum percentage thresholds, minimum length of time thresholds, frequency ranges, minimum and/or maximum parameter values, and/or other metrics may be established and/or otherwise utilized in the process of generating an executable control 418. In any of the examples described herein, at 1006 the one or more processors of the server 302 may compare the user data received at 1002 with one or more such thresholds and/or other metrics in order to determine whether the received user data satisfies such thresholds and/or other metrics”).
Regarding Claim 9, Intonato et al in view of Foley et al continues to teach wherein the maximum allowable change of output values is specific to a decrease in a resistance applied to the flywheel during the exercise activity (Refer to Paragraph [0061]:” Information elements may be provided on different parts of the display screen to indicate any performance metrics, including total time, elapsed time, time left, distance, speed (e.g., speed of the belt 120), mile pace of the user 106, incline (e.g., incline of the deck 112), elevation, resistance, braking force, power, total work, energy expended (e.g., output), cadence (e.g., pedal cadence), power zone, heart rate, respiration, hydration, calorie burn, and/or any custom performance scores that may be developed. …[0132]:”For instance, one or more minimum percentage thresholds, minimum length of time thresholds, frequency ranges, minimum and/or maximum parameter values, and/or other metrics may be established and/or otherwise utilized in the process of generating an executable control 418. In any of the examples described herein, at 1006 the one or more processors of the server 302 may compare the user data received at 1002 with one or more such thresholds and/or other metrics in order to determine whether the received user data satisfies such thresholds and/or other metrics”).
Regarding Claim 10, Intonato et al in view of Foley et al continues to teach wherein the maximum allowable change of output values is specific to the user performing the exercise activity (Refer to Paragraph [0061]:” Information elements may be provided on different parts of the display screen to indicate any performance metrics, including total time, elapsed time, time left, distance, speed (e.g., speed of the belt 120), mile pace of the user 106, incline (e.g., incline of the deck 112), elevation, resistance, braking force, power, total work, energy expended (e.g., output), cadence (e.g., pedal cadence), power zone, heart rate, respiration, hydration, calorie burn, and/or any custom performance scores that may be developed. …[0132]:”For instance, one or more minimum percentage thresholds, minimum length of time thresholds, frequency ranges, minimum and/or maximum parameter values, and/or other metrics may be established and/or otherwise utilized in the process of generating an executable control 418. In any of the examples described herein, at 1006 the one or more processors of the server 302 may compare the user data received at 1002 with one or more such thresholds and/or other metrics in order to determine whether the received user data satisfies such thresholds and/or other metrics”).
Regarding Claim 11, Intonato et al in view of Foley et al continues to teach wherein the maximum allowable change of output values is specific to a current effort level for the user performing the exercise activity (Refer to Paragraph [0061]:” Information elements may be provided on different parts of the display screen to indicate any performance metrics, including total time, elapsed time, time left, distance, speed (e.g., speed of the belt 120), mile pace of the user 106, incline (e.g., incline of the deck 112), elevation, resistance, braking force, power, total work, energy expended (e.g., output), cadence (e.g., pedal cadence), power zone, heart rate, respiration, hydration, calorie burn, and/or any custom performance scores that may be developed. …[0132]:”For instance, one or more minimum percentage thresholds, minimum length of time thresholds, frequency ranges, minimum and/or maximum parameter values, and/or other metrics may be established and/or otherwise utilized in the process of generating an executable control 418. In any of the examples described herein, at 1006 the one or more processors of the server 302 may compare the user data received at 1002 with one or more such thresholds and/or other metrics in order to determine whether the received user data satisfies such thresholds and/or other metrics”).
Regarding Claim 12, Intonato et al in view of Foley et al continues to teach further comprising: identifying a percentage change associated with adjusting the current output of the user to the range of output values identified by the received cue data; determining a current heart rate of the user is outside of a threshold range of heart rate values for performing the exercise activity within the range of output values identified by the received cue data; and causing the resistance system to maintain a current resistance applied to the flywheel (Refer to Paragraph [0037]:” The exercise machine 102 may also include sensors 147 to measure user heart-rate, respiration, hydration, calorie burn, or any other physical performance metrics, or to receive such information from sensors provided by (e.g., worn by) the user 106. Where appropriate, such information can be calculated as current/instantaneous values, maximum, minimum, average, or total over time, or using any other statistical analysis.”… [0123]:” At 912, the processor of the digital hardware 148 may determine whether the accuracy metric generated at 910 is outside of a desired accuracy range. For example, at 912 the processor of the digital hardware 148 may compare the accuracy metric generated at 910 to a range of values, comprising such an accuracy range. In examples in which the determined accuracy metric (e.g., a determined accuracy value) is either above the upper bounds or below the lower bounds of such an accuracy range (912—Yes), the processor of the digital hardware 148 may cause the display of and/or may otherwise provide a notification to the user 106 via the display 104. Such an example notification may comprise an encouragement, helpful tips, guidance, and/or other information that may be useful to the user 106, in order to achieve the settings corresponding to the displayed executable control 418. As shown in FIG. 4, an example notification or other corresponding information (e.g., “C′mon, let's pick up the pace!”) may be provided at 914 via one or more windows 422 of a user interface 400”……The Office takes the position that the resistance is maintained since they processor sends encouragements to the user and does not adjust resistance).
Regarding Claim 13, Intonato et al in view of Foley et al continues to teach further comprising: determining a cadence value associated with the user performing the exercise activity is outside of a threshold range of cadence values for performing the exercise activity within the range of output values identified by the received cue data; and causing the resistance system to maintain a current resistance applied to the flywheel (Refer to Paragraph [0037]:” For example, the exercise machine 102 may include one or more sensors 147 that measure the incline of the deck 112, the speed of the belt 120, a load applied to the deck 112, the belt 120, one or more of the motors described above, and/or other components of the exercise machine 102, an amount of energy expended by the user 106, a power output of the exercise machine 102, user weight, steps, distance, total work, repetitions, an amount of resistance applied to the belt 120 by one or more of the motors described above and/or other components of the exercise machine 102, a pedal cadence, a brake force or resistance, as well as any other information associated with, for example, a treadmill, a stationary bicycle, or other exercise machine 102 “… [0123]:” At 912, the processor of the digital hardware 148 may determine whether the accuracy metric generated at 910 is outside of a desired accuracy range. For example, at 912 the processor of the digital hardware 148 may compare the accuracy metric generated at 910 to a range of values, comprising such an accuracy range. In examples in which the determined accuracy metric (e.g., a determined accuracy value) is either above the upper bounds or below the lower bounds of such an accuracy range (912—Yes), the processor of the digital hardware 148 may cause the display of and/or may otherwise provide a notification to the user 106 via the display 104. Such an example notification may comprise an encouragement, helpful tips, guidance, and/or other information that may be useful to the user 106, in order to achieve the settings corresponding to the displayed executable control 418. As shown in FIG. 4, an example notification or other corresponding information (e.g., “C′mon, let's pick up the pace!”) may be provided at 914 via one or more windows 422 of a user interface 400”……The Office takes the position that the resistance is maintained since they processor sends encouragements to the user and does not adjust resistance).
Regarding Claim 14, Intonato et al in view of Foley et al continues to teach wherein the cadence value associated with the user performing the exercise activity is below a minimum value associated with automatically adjusting the resistance applied to the flywheel during the exercise activity (Refer to Paragraph [0037]:” For example, the exercise machine 102 may include one or more sensors 147 that measure the incline of the deck 112, the speed of the belt 120, a load applied to the deck 112, the belt 120, one or more of the motors described above, and/or other components of the exercise machine 102, an amount of energy expended by the user 106, a power output of the exercise machine 102, user weight, steps, distance, total work, repetitions, an amount of resistance applied to the belt 120 by one or more of the motors described above and/or other components of the exercise machine 102, a pedal cadence, a brake force or resistance, as well as any other information associated with, for example, a treadmill, a stationary bicycle, or other exercise machine 102 “… [0057]:” The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance. For example, the exercise machine 102 may adjust the difficulty to maintain a particular performance parameter such as heart rate within a particular range or to meet a particular performance target. Any of the executable controls described herein may be generated and/or configured to modify a parameter of the exercise machine 102 in order to assist the user 106 in meeting and/or exceeding such performance goals or targets.”… [0132]:”For instance, one or more minimum percentage thresholds, minimum length of time thresholds, frequency ranges, minimum and/or maximum parameter values, and/or other metrics may be established and/or otherwise utilized in the process of generating an executable control 418. In any of the examples described herein, at 1006 the one or more processors of the server 302 may compare the user data received at 1002 with one or more such thresholds and/or other metrics in order to determine whether the received user data satisfies such thresholds and/or other metrics).
Regarding Claim 15, Intonato et al in view of Foley et al continues to teach wherein the cadence value associated with the user performing the exercise activity is above a maximum value associated with automatically adjusting the resistance applied to the flywheel during the exercise activity (Refer to Paragraph [0037]:” For example, the exercise machine 102 may include one or more sensors 147 that measure the incline of the deck 112, the speed of the belt 120, a load applied to the deck 112, the belt 120, one or more of the motors described above, and/or other components of the exercise machine 102, an amount of energy expended by the user 106, a power output of the exercise machine 102, user weight, steps, distance, total work, repetitions, an amount of resistance applied to the belt 120 by one or more of the motors described above and/or other components of the exercise machine 102, a pedal cadence, a brake force or resistance, as well as any other information associated with, for example, a treadmill, a stationary bicycle, or other exercise machine 102 “… [0057]:” The system may allow the instructor to remotely adjust exercise machine settings for individual users 106. In various exemplary embodiments, the exercise machine 102 may also automatically adjust based on information from the user 106, the instructor, or based on performance. For example, the exercise machine 102 may adjust the difficulty to maintain a particular performance parameter such as heart rate within a particular range or to meet a particular performance target. Any of the executable controls described herein may be generated and/or configured to modify a parameter of the exercise machine 102 in order to assist the user 106 in meeting and/or exceeding such performance goals or targets.”…[ 0132]:”For instance, one or more minimum percentage thresholds, minimum length of time thresholds, frequency ranges, minimum and/or maximum parameter values, and/or other metrics may be established and/or otherwise utilized in the process of generating an executable control 418. In any of the examples described herein, at 1006 the one or more processors of the server 302 may compare the user data received at 1002 with one or more such thresholds and/or other metrics in order to determine whether the received user data satisfies such thresholds and/or other metrics”).
Regarding Claim 16, Intonato et al teaches a method performed by an auto-follow system of an exercise machine, the method comprising: receiving cue data synchronized with a streaming exercise class presented a display of the exercise machine; determining a current output of a user of the exercise machine performing an exercise activity during the streaming exercise class; and causing a resistance system to adjust a resistance of the exercise machine to maintain the current output of the user within a range of output values identified by the received cue data.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attach list of references cited for prior arts pertinent to claimed and unclaimed subject matter.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784
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