Prosecution Insights
Last updated: September 27, 2026
Application No. 19/027,976

Automatic Control Techniques For A Treadmill

Non-Final OA §102§103
Filed
Jan 17, 2025
Priority
Jan 19, 2024 — provisional 63/623,004
Examiner
KENNEDY, JOSHUA T
Art Unit
3784
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Wahoo Fitness L L C
OA Round
2 (Non-Final)
51%
Grant Probability
Moderate
2-3
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
706 granted / 1381 resolved
-18.9% vs TC avg
Strong +48% interview lift
Without
With
+48.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
44 currently pending
Career history
1411
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
42.0%
+2.0% vs TC avg
§102
30.7%
-9.3% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1381 resolved cases

Office Action

§102 §103
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 . Claims 1-18 have been examined. 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. Claims 1, 7, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun et al (CN 112915464 A). 1. Sun et al disclose a treadmill (Fig. 1) comprising: a moveable belt (treadmill/running belt 1; Para. [0023]; Fig. 1); and a controller (motor control board 6; Para. [0021]; Fig. 1) configured to: cause the belt to move in accordance with a target speed (constant speed V; Para. [0026]), receive information indicative of a current gradient of the belt (via gradient sensor 8; Para. [0026]; Fig. 6); and automatically adjust the value of the target speed in dependence on the current gradient of the belt (Para. [0026]: “when the gradient rises, increasing the motor output power consumption of the brake resistor, brushless motor 5 the output end of the rotating speed is reduced, the front roller 2 of the rotating speed is reduced, the speed of the running belt 1 is slow, the speed is V -, slower than the constant speed V, but adding the acceleration caused by stall; so that the actual speed of the user is consistent with the constant speed; when the slope is reduced, reducing the power consumption of the motor output to the brake resistor; the output end of the brushless motor 5 is increased; the rotating speed of the front roller 2 is increased; the speed of the running belt 1 is accelerated; the speed is V, returning to the constant speed when not rising; so as to reach the running belt 1 at high and low gradient can keep constant speed.”). 7. Sun et al disclose the treadmill of claim 1, further comprising: a motor (5; Para. [0023]; Fig. 1), wherein the belt is driven by the motor (Para. [0023]); and wherein the controller is configured to cause the motor to generate torque as required to cause the belt to move in accordance with the target speed (Para. [0026]). 15. Sun et al disclose a treadmill (fitness center; Abstract; Fig. 1) comprising: a moveable belt (treadmill/running belt 1; Para. [0023]; Fig. 1); and a controller (motor control board 6; Para. [0021]; Fig. 1) configured to cause the belt to move in accordance with a target speed (constant speed V; Para. [0026]) and a target gradient (part of the slope data provided by the slope sensor 8) and to receive information indicative of a current gradient of the belt (part of the slope data provided by the slope sensor 8; Para. [0026]; Fig. 6), the controller comprising a grade adjusted speed (GAS) module (part of motor control board 6) configured to calculate a grade adjusted speed for the belt in dependence on the current gradient of the belt and the target speed of the belt, the controller being configured to automatically adjust the target speed of the belt in dependence on the grade adjusted speed calculated by the GAS module (Paras. [0026]-[0027]). 18. Sun et al disclose a computer-implemented method for controlling a treadmill, the method comprising: driving, by a controller (6), a motor (5) of the treadmill in accordance with a target speed (constant speed V), the motor being operatively coupled to a moveable belt of the treadmill; receiving, by the controller, a change in a gradient of the belt (via gradient sensor 9; Par. 0026); computing, by the controller, an adjusted value for the target speed of the motor based on the change in the gradient of the belt (Par. 0026); and automatically adjusting, by the controller, the target speed of the motor in accordance with the adjusted value for the target speed (Par. 0026). 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. Claims 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al 12. Sun et al teach that the target speed and the belt gradient effect the speed of the belt (see above) but do not disclose wherein the controller is configured to automatically adjust the value of the target speed by dividing the target speed by a grade adjusted speed (GAS) factor, wherein, when the current gradient of the belt is greater than or equal to 0% and less than or equal to 10%, the GAS factor is calculated according to the following equation: PNG media_image1.png 175 586 media_image1.png Greyscale However, It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to configure the controller to adjust the value of the target speed by calculating a new speed using the claimed equations, when the current gradient of the belt is greater than 10% since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Further, it would have been obvious to one having ordinary skill in the art to derive the new speed from the target speed and the gradient since these factors affect the speed of the belt. 17. Sun et al teach the treadmill significantly as claimed, but do not explicitly disclose wherein the controller further comprises a simulated inertial module configured to calculate an adjusted gradient angle for the belt in dependence on the time derivative of the target speed, the gravitational acceleration constant, and the target speed or the grade adjusted speed for the belt, and wherein the controller is configured to automatically adjust the target gradient of the belt in dependence on the adjusted target gradient calculated by the simulated inertial module. However, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to configure the controller to automatically adjust the target gradient of the belt in dependence on the adjusted target gradient calculated using an adjusted gradient angle for the belt in dependence on the time derivative of the target speed, the gravitational acceleration constant, and the target speed or the grade adjusted speed for the belt since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Further, it would have been obvious to one having ordinary skill in the art to calculate the adjusted gradient angle using the target speed the gravitational acceleration constant since these factors are known to effect the motion of a moving body. Claims 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al in view of Moran (US Patent 8,007,408). 2. Sun et al disclose the treadmill of claim 1, wherein the controller is configured to automatically adjust the value of the target speed depending on the speed and the current gradient of the belt (Para. [0026]). However, while Figure 1 of Sun et al do shows a display console, it is not explicitly disclosed that the controller is configured to receive an input speed and to automatically adjust the value of the target speed depending on the input speed. Moran teaches a treadmill (10; Abstract; Fig. 1) and comprising a controller (75) configured to receive an input speed and to automatically adjust the value of the target speed in dependence on the input speed (Col. 6, Lines 61-65 and Col. 7, Lines 2-7). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to configure the controller of Sun et al to automatically adjust the value of the target speed in dependence on an input speed as taught by Johnson Health Tech in order to allow the user to set the speed of the belt. 3. Sun et al disclose the treadmill of claim 2, wherein the controller is configured such that, when the current gradient of the belt is greater than zero (the treadmill is rising in the positive gradient range), the controller is configured to automatically adjust the value of the target speed such that the target speed is less than the input speed (Para. [0026]). 4. Sun et al disclose the treadmill of claim 3, wherein the controller is configured such that, when the current gradient of the belt is zero (the treadmill is level and not rising), the controller is configured to automatically set the target speed equal to the input speed (Para. [0026]). 5. Sun et al disclose the treadmill of claim 3, wherein the controller is configured such that, when the current gradient of the belt is less than zero (the treadmill is dropping into the negative gradient range), the controller is configured to automatically set the target speed equal to the input speed (Para. [0026]). 6. Sun et al disclose the treadmill significantly as claimed, but do not disclose wherein the controller is configured to receive information indicative of a change in the input speed and to automatically adjust the target speed depending on the input speed, the change in the input speed, and the current gradient of the belt. Moran teaches the controller being configured to receive information indicative of a change in the input speed and to automatically adjust the target speed in dependence on the input speed, the change in the input speed, and the current gradient of the belt (Col. 6, Line 61 to Col. 7, Line 24). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to configure the controller of Sun et al to receive information indicative of a change in the input speed and to automatically adjust the value of the target speed in dependence on the input speed, the change in the input speed, and the current gradient of the belt as taught by Moran in order to avoid increasing the speed and gradient of the belt beyond desired and/or safe levels. Claims 8-11, 13, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al in view of Potash (US Patent 5,314,391). 8. Sun et al disclose the treadmill significantly as claimed, however, while Figure 1 of Sun et al do shows a display console, it is not explicitly disclosed that the controller is configured to receive an input gradient for the belt and to cause the belt to move from a first position to a second position in which the belt is tilted at the input gradient. Potash teaches a treadmill (10; Abstract; Fig. 1) and teaches of wherein a controller (29; Fig. 1) is configured to receive an input gradient (desired degree of slope or inclination) for the belt and to cause the belt to move from a first position to a second position in which the belt is tilted at the input gradient (Col. 7, Line 65 to Col. 8, Line 11), and further teaches that the configuring the controller to move to a position in which the belt is tilted at a target gradient allows the user to manually select a desired degree of slope; Col. 7, Line 65-68). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to configure the controller of Sun et al to cause the belt to move to a position in which the belt is tilted at a target gradient as taught by Potash in order to allow the user to manually select a desired degree of slope. 9. Sun et al disclose the treadmill of claim 8, further comprising: a tilt sensor (slope sensor 8; Fig. 6) configured to sense the current gradient of the belt (Para. [0026]), wherein the controller is configured to receive information indicative of the current gradient of the belt from the tilt sensor (Para. [0026]); and wherein the controller is configured to automatically adjust the value of the target speed in dependence on the current gradient of the belt, even when the current gradient of the belt is different from the input tilt angle (Para. [0026]; whereby changing the gradient the current gradient is different from the initial, or input, tilt angle). 10. Sun et al disclose the treadmill of claim 8, further comprising a linear actuator (treadmill lead screw 12 and treadmill nut 13; Para. [0027]; Fig. 5), wherein the controller is configured to cause the linear actuator to extend or retract as required to move the belt from the first position to the second position (Para. [0027]). 11. Sun et al disclose the treadmill significantly as claimed, but do not disclose, wherein the controller is configured compare the current gradient of the belt to a predefined gradient limit and to automatically adjust the value of the target speed in dependence on the lowest value of the current gradient and the predefined gradient limit. Potash teaches similar treadmill having a controller configured compare the current gradient of the belt to a predefined gradient limit (Col. 5, Lines 60-63: upper and lower limits of inclination) and to automatically adjust the value of the target speed in dependence on the lowest value of the current gradient and the predefined gradient limit (Col. 7, Lines 19-48 and Col. 8, Lines 4-10; where monitoring the upper and lower limits means the controller automatically adjust the value of the target speed in dependence on the lowest value of the current gradient and the predefined gradient limit). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the controller function of Sun et al to compare the current gradient of the belt to a predefined gradient limit and to automatically adjust the value of the target speed as taught by Potash in order to prevent the current gradient from moving past the predefined gradient limit. 13. Sun et al disclose the treadmill significantly as claimed, but do not explicitly disclose wherein the controller is further configured to automatically adjust the value of the target speed in dependence on a distance of a user on the treadmill from a predefined target position on the treadmill. Potash teaches similar treadmill having a controller configured to automatically adjust the value of the target speed in dependence on a distance of a user on the treadmill from a predefined target position on the treadmill and further teaches that by doing this the user can be maintained at particular place on the tread (Col. 7, Lines 19-48). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the treadmill of Sun et al to have the automatic adjustment of the controller as taught by Potash which assures that the person will not move too far forward or backward so as to end up too close to the front or rear of the tread (Col 2, Lines 53-61). 14. Sun et al discloses the treadmill significantly as claimed, but do not disclose wherein the controller is configured to: cause the belt to move to a position in which the belt is tilted at a target gradient, and automatically adjust the value of the target gradient in dependence on the time derivative of the target speed of the belt and the gravitational acceleration constant. Potash teaches similar treadmill having a controller (29; Fig. 1) is configured to cause a belt (tread 12a; Fig. 1) to move to a position in which the belt is tilted at a target gradient (desired degree of slope or inclination; Col. 7, Line 65-68), and automatically adjust the value of the target gradient (Col. 7, Lines 19-48), and further teaches that the configuring the controller to move to a position in which the belt is tilted at a target gradient allows the user to manually select a desired degree of slope; Col. 7, Line 65-68) and the automatic adjust allows the controller to maintain a position the user (Col. 7, Line 65-68). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the treadmill of Sun et al to cause the belt to move to a position in which the belt is tilted at a target gradient as taught by Potash in order to allow the user to manually select a desired degree of slope. It would also have been obvious to one of ordinary skill in the art to configure the controller of Sun et al to automatically adjust the value of the target gradient as taught by Potash so that the controller can maintain a position the user. In addition, it would also have been obvious to one having ordinary skill in the art to configure the controller to automatically adjust the value of the target gradient in dependence on the time derivative of the target speed of the belt and the gravitational acceleration constant since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Further, it would have been obvious to one having ordinary skill in the art to derive the new speed from the target speed and the gravitational acceleration constant since it is known that the target speed and gravitational acceleration constant have an effect on the speed of the belt. 16. Sun et al disclose wherein the GAS module is configured to calculate a grade adjusted speed for the belt in dependence on the current gradient of the belt and the adjusted target speed for the belt, and wherein the controller is configured to automatically adjust the target speed of the belt in dependence on grade adjusted speed calculated by the GAS module. However, Sun et al do not disclose wherein the controller further comprises a free run module configured to calculate an adjusted target speed for the belt in dependence on a previous target speed of the belt and a distance of a user on the treadmill from a predefined target position on the treadmill, and wherein the controller is configured to automatically adjust the target speed of the belt in dependence on the adjusted target speed calculated by the free run module. Potash teaches a similar treadmill wherein the controller further comprises a free run module configured to calculate an adjusted target speed for the belt in dependence on a previous target speed of the belt and a distance of a user on the treadmill from a predefined target position on the treadmill, and wherein the controller is configured to automatically adjust the target speed of the belt in dependence on the adjusted target speed calculated by the free run module and further teaches that by doing this the user can be maintained at particular place on the tread (Col. 7, Lines 19-48). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to configure the controller of Sun et al to automatically adjust the value of the target speed in dependence on a distance of a user on the treadmill from a predefined target position on the treadmill as taught by Potash in order to maintained the user at particular place on the tread. Conclusion 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 8/26/2026
Read full office action

Prosecution Timeline

Jan 17, 2025
Application Filed
Apr 10, 2026
Non-Final Rejection mailed — §102, §103
Jun 09, 2026
Interview Requested
Jun 16, 2026
Examiner Interview Summary
Jun 16, 2026
Applicant Interview (Telephonic)
Jun 22, 2026
Response Filed
Aug 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12741183
THROWING GAME ASSEMBLY AND METHOD OF GAME PLAY
2y 7m to grant Granted Sep 22, 2026
Patent 12741187
GOLF SIMULATOR SYSTEM AND METHOD
1y 12m to grant Granted Sep 22, 2026
Patent 12729540
TRAINING HAND RAIL
1y 9m to grant Granted Sep 08, 2026
Patent 12716757
TOOL-LESS REPLACEABLE GAS SENSOR MODULE
9y 8m to grant Granted Aug 25, 2026
Patent 12685889
ELECTRIC LOCKING STRUCTURE FOR RESISTANCE MOTOR OF EXERCISE MACHINE
2y 3m to grant Granted Jul 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
51%
Grant Probability
99%
With Interview (+48.5%)
2y 7m (~11m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1381 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month