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 1 has been cancelled.
Claims 2-21 have been examined.
Response to Arguments
Applicant's arguments filed 6/29/2026 have been fully considered but they are not persuasive.
Applicant argues:
As amended, independent Claims 2 and 12 each recite, in part, that "the first value and the second value are further based at least in part on: a low weight comprising a starting weight estimated for a user; and a high weight comprising a challenging weight estimated for the user."
Support for the amendments may be found, without limitation, in Paragraphs [0114]- [0115], [0148]-[0154], and [0159]-[0160] of the Specification. Rubin does not disclose these limitations.
Initially, Examiner notes that arguments under the heading “Remarks” should point out disagreements with the examiner’s contentions and Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them. A general statement that “Rubin does not disclose these limitations” does not address the references applied against the claims.
Regardless, Examiner points to Paragraph 0139 of Rubin which explicitly discloses that Par. 0139: “a force profile may be dynamically adjusted over the course of a workout to correspond to each of a warm-up period (that begins with relatively low reactive force that is gradually increased), a primary exercise period (at a relatively high reactive force), and a cool down period (that begins at a relatively high reactive force that is gradually decreased). Within each of these periods, the dynamic force module could dynamically adjust reactive forces based on feedback corresponding to the user's performance”. The warm up period profile corresponds with the claimed ‘low weight comprising a starting weight estimated for user’ and, similarly the primary exercise period profile corresponds with the claimed ‘high weight comprising a challenging weight estimated for user’ and therefore meets the claims as instantly presented.
Claim Rejections - 35 USC § 102
Claims 2-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rubin et al (US Patent Application Publication 2019/0344123).
2. Rubin et al disclose a system, comprising:
a motor (302), wherein a cable (106) is coupled between an actuator (108) and the motor; and
a controller (1102) configured to control torque of the motor to progressively adjust an amount of resistance provided during a concentric phase of a repetition of a movement (Par. 0119: “in each of the Extension state 1210 and the Contraction state 1212 the actuator of the dynamic force module provides reactive force according to a force profile that dictates reactive force based on, among other things, position, speed”; Par. 0139: “the dynamic force module could dynamically adjust reactive forces based on feedback corresponding to the user's performance. For example, if the user exhibits consistently high speed and force, the workout may be too easy and the reactive force may be increased. In contrast, if the user exhibits inadequate force output, the workout may be too difficult and the reactive force or other difficulty-related parameter may be decreased”) according to a rate of weight change that is determined based at least in part on:
a first value comprising a fixed rate of weight change that is based at least in part on whether a detected cable speed is above or below a target speed (Par. 0131: “the dynamic force module provides a constant force output while extension or retraction of a cable coupled to the dynamic force module is maintained between 40% and 120% of a predetermined speed. If, however, extension or retraction exceeds 120%, the force output of the dynamic force module is increased proportionately up to double the level of the constant force output in order to encourage the user to slow his or her movement. Similarly, if the extension or retraction falls below 40%”); and
a second value that is proportional to a difference between the detected cable speed and the target speed (Par. 0089: “ the exercise platforms discussed herein include dynamic force modules that are adapted to provide dynamic reactive forces based on a force profile that dictates a relationship between an operational parameter (e.g. target speed) of the dynamic force module and a measured parameter (e.g. detected cable speed) associated with an exercise being performed by a user. For example, in certain implementations, the reactive force provided by the dynamic force module may vary depending on the position, speed, or acceleration applied by the user as measured by various sensors, including those integrated in the motor… the dynamic force module may operate at a nominal reactive force but may then increase or decrease the reactive force in response to the user speeding up or slowing down movement, respectively, to encourage the user to perform an exercise at an optimal speed”);
wherein the first value and the second value are further based at least in part on:
a low weight comprising a starting weight estimated for a user, and
a high weight comprising a challenging weight estimated for the user (Par. 0139: “a force profile may be dynamically adjusted over the course of a workout to correspond to each of a warm-up period (that begins with relatively low reactive force that is gradually increased), a primary exercise period (at a relatively high reactive force), and a cool down period (that begins at a relatively high reactive force that is gradually decreased). Within each of these periods, the dynamic force module could dynamically adjust reactive forces based on feedback corresponding to the user's performance”).
3. Rubin et al disclose the system of claim 2, wherein the rate of weight change comprises an amount of weight to add or reduce per unit time (Par. 0052: “the dynamic force module may execute a force profile that varies resistance over a given range of motion”; Par. 0139: “a force profile may be dynamically adjusted over the course of a workout to correspond to each of a warm-up period (that begins with relatively low reactive force that is gradually increased), a primary exercise period (at a relatively high reactive force), and a cool down period (that begins at a relatively high reactive force that is gradually decreased)”).
4. Rubin et al disclose the system of claim 2, wherein the target speed is determined based at least in part on at least one of historical data associated with a user, or demographic data associated with the user (Par. 0152).
5. Rubin et al disclose the system of claim 2, wherein the detected cable speed is based at least in part on measuring a change in position of the cable over time (Par. 0090: “the dynamic force module may also include inductive or other proximity sensors for measuring the presence of the cable on the drum of the dynamic force module. Such measurements may then be converted to determine the length of cable unspooled from the dynamic force module and, as a result, the position, and speed, and/or acceleration at which the user is pulling the cable”).
6. Rubin et al disclose the system of claim 2, wherein progressively adjusting the amount of resistance provided is based at least in part on a count of the repetition (Par. 0158: “the user may specify various parameters and factors including, without limitation, a resistance/weight/reactive force, a number of repetitions, an exercise duration, a sequence of exercise, a number of sets, a speed profile for repetitions, a force profile for repetitions”; Par. 0139: “ Force profiles may also be progressive in that they vary over the course of a single repetition, an exercise set, and/or a workout”; Par. 0140: “to implement drop sets in the context of dynamic force modules, the reactive force for a given force profile may be dynamically adjusted downward every few reps as deemed appropriate by the system”).
7. Rubin et al disclose the system of claim 2, further comprising one or more processors configured to determine an N-rep max, and wherein N is greater than one (Par. 0125: “the exercise platform may measure or estimate a user's one-rep maximum for a given activity and scale the load/force required for the exercise based on the one-rep maximum and number of reps to be performed”).
8. Rubin et al disclose the system of claim 7, wherein the N-rep max is used to determine a suggested weight for a subsequent set of the movement (Par. 0125: “the exercise platform may measure or estimate a user's one-rep maximum for a given activity and scale the load/force required for the exercise based on the one-rep maximum and number of reps to be performed”).
9. Rubin et al disclose the system of claim 2, wherein the repetition is included in a calibration set (Par. 0139: “ a force profile may be dynamically adjusted over the course of a workout to correspond to each of a warm-up period (that begins with relatively low reactive force that is gradually increased)”; Par. 0122: “when executing a new exercise a user may be asked to perform the exercise with no or little loading but with proper form. During such exercises, the exercise platform and/or dynamic force module may determine the amount of cable extension in one or more of a starting position, an ending position, or one or more intermediate positions. Such cable extension values may subsequently be used to determine when the user is at certain points in the exercise and when to enter the Hold Position state 1214”).
10. Rubin et al disclose the system of claim 9, wherein the calibration set is included in a workout in response to an indication that calibration should be performed (Par. 0139: “a user may be asked by the system to perform one or more warmup exercises or otherwise perform a particular exercise at a relatively low weight. During the course of the warmup, the system may analyze the user's performance and select an appropriate force profile to use during the main set or sets of the exercise based on the user's performance”).
11. Rubin et al disclose the system of claim 10, wherein the calibration set is included in the workout based at least in part on at least one of a period of user inactivity or an injury status of the user (Par. 0139: “if the user exhibits consistently high speed and force, the workout may be too easy and the reactive force may be increased. In contrast, if the user exhibits inadequate force output, the workout may be too difficult and the reactive force or other difficulty-related parameter may be decreased. Accordingly, the user's level of effort and/or muscular breakdown may be made to follow a separately defined trajectory. In this way, the dynamic force module could ensure that a user reaches particular thresholds for warming and/or muscular breakdown within a predetermined time or number of sets. In certain implementations, a user may be asked by the system to perform one or more warmup exercises or otherwise perform a particular exercise at a relatively low weight”).
12. Rubin et al disclose a method, comprising:
controlling torque of a motor to progressively adjust an amount of resistance provided during a concentric phase of a repetition of a movement (Par. 0119: “in each of the Extension state 1210 and the Contraction state 1212 the actuator of the dynamic force module provides reactive force according to a force profile that dictates reactive force based on, among other things, position, speed”; Par. 0139: “the dynamic force module could dynamically adjust reactive forces based on feedback corresponding to the user's performance. For example, if the user exhibits consistently high speed and force, the workout may be too easy and the reactive force may be increased. In contrast, if the user exhibits inadequate force output, the workout may be too difficult and the reactive force or other difficulty-related parameter may be decreased”) according to a rate of weight change that is determined based at least in part on:
a first value comprising a fixed rate of weight change that is based at least in part on whether a detected cable speed is above or below a target speed (Par. 0131: “the dynamic force module provides a constant force output while extension or retraction of a cable coupled to the dynamic force module is maintained between 40% and 120% of a predetermined speed. If, however, extension or retraction exceeds 120%, the force output of the dynamic force module is increased proportionately up to double the level of the constant force output in order to encourage the user to slow his or her movement. Similarly, if the extension or retraction falls below 40%”); and
a second value that is proportional to a difference between the detected cable speed and the target speed (Par. 0089: “ the exercise platforms discussed herein include dynamic force modules that are adapted to provide dynamic reactive forces based on a force profile that dictates a relationship between an operational parameter (e.g. target speed) of the dynamic force module and a measured parameter (e.g. detected cable speed) associated with an exercise being performed by a user. For example, in certain implementations, the reactive force provided by the dynamic force module may vary depending on the position, speed, or acceleration applied by the user as measured by various sensors, including those integrated in the motor… the dynamic force module may operate at a nominal reactive force but may then increase or decrease the reactive force in response to the user speeding up or slowing down movement, respectively, to encourage the user to perform an exercise at an optimal speed”);
wherein the first value and the second value are further based at least in part on:
a low weight comprising a starting weight estimated for a user, and
a high weight comprising a challenging weight estimated for the user (Par. 0139: “a force profile may be dynamically adjusted over the course of a workout to correspond to each of a warm-up period (that begins with relatively low reactive force that is gradually increased), a primary exercise period (at a relatively high reactive force), and a cool down period (that begins at a relatively high reactive force that is gradually decreased). Within each of these periods, the dynamic force module could dynamically adjust reactive forces based on feedback corresponding to the user's performance”).
13. Rubin et al disclose the method of claim 12, wherein the rate of weight change comprises an amount of weight to add or reduce per unit time (Par. 0052: “the dynamic force module may execute a force profile that varies resistance over a given range of motion”; Par. 0139: “a force profile may be dynamically adjusted over the course of a workout to correspond to each of a warm-up period (that begins with relatively low reactive force that is gradually increased), a primary exercise period (at a relatively high reactive force), and a cool down period (that begins at a relatively high reactive force that is gradually decreased)”)..
14. Rubin et al disclose the method of claim 12, wherein the target speed is determined based at least in part on at least one of historical data associated with a user, or demographic data associated with the user (Par. 0152).
15. Rubin et al disclose the method of claim 12, wherein the detected cable speed is based at least in part on measuring a change in position of the cable over time (Par. 0090: “the dynamic force module may also include inductive or other proximity sensors for measuring the presence of the cable on the drum of the dynamic force module. Such measurements may then be converted to determine the length of cable unspooled from the dynamic force module and, as a result, the position, and speed, and/or acceleration at which the user is pulling the cable”).
16. Rubin et al disclose the method of claim 12, wherein progressively adjusting the amount of resistance provided is based at least in part on a count of the repetition (Par. 0158: “the user may specify various parameters and factors including, without limitation, a resistance/weight/reactive force, a number of repetitions, an exercise duration, a sequence of exercise, a number of sets, a speed profile for repetitions, a force profile for repetitions”; Par. 0139: “ Force profiles may also be progressive in that they vary over the course of a single repetition, an exercise set, and/or a workout”; Par. 0140: “to implement drop sets in the context of dynamic force modules, the reactive force for a given force profile may be dynamically adjusted downward every few reps as deemed appropriate by the system”).
17. Rubin et al disclose the method of claim 12, further comprising determining an N-rep max, and wherein N is greater than one (Par. 0125: “the exercise platform may measure or estimate a user's one-rep maximum for a given activity and scale the load/force required for the exercise based on the one-rep maximum and number of reps to be performed”).
18. Rubin et al disclose the method of claim 17, wherein the N-rep max is used to determine a suggested weight for a subsequent set of the movement (Par. 0125: “the exercise platform may measure or estimate a user's one-rep maximum for a given activity and scale the load/force required for the exercise based on the one-rep maximum and number of reps to be performed”).
19. Rubin et al disclose the method of claim 12, wherein the repetition is included in a calibration set (Par. 0139: “ a force profile may be dynamically adjusted over the course of a workout to correspond to each of a warm-up period (that begins with relatively low reactive force that is gradually increased)”; Par. 0122: “when executing a new exercise a user may be asked to perform the exercise with no or little loading but with proper form. During such exercises, the exercise platform and/or dynamic force module may determine the amount of cable extension in one or more of a starting position, an ending position, or one or more intermediate positions. Such cable extension values may subsequently be used to determine when the user is at certain points in the exercise and when to enter the Hold Position state 1214”).
20. Rubin et al disclose the method of claim 19, wherein the calibration set is included in a workout in response to an indication that calibration should be performed (Par. 0139: “a user may be asked by the system to perform one or more warmup exercises or otherwise perform a particular exercise at a relatively low weight. During the course of the warmup, the system may analyze the user's performance and select an appropriate force profile to use during the main set or sets of the exercise based on the user's performance”).
21. Rubin et al disclose the method of claim 20, wherein the calibration set is included in the workout based at least in part on at least one of a period of user inactivity or an injury status of the user (Par. 0139: “if the user exhibits consistently high speed and force, the workout may be too easy and the reactive force may be increased. In contrast, if the user exhibits inadequate force output, the workout may be too difficult and the reactive force or other difficulty-related parameter may be decreased. Accordingly, the user's level of effort and/or muscular breakdown may be made to follow a separately defined trajectory. In this way, the dynamic force module could ensure that a user reaches particular thresholds for warming and/or muscular breakdown within a predetermined time or number of sets. In certain implementations, a user may be asked by the system to perform one or more warmup exercises or otherwise perform a particular exercise at a relatively low weight”).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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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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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784
7/23/2026
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