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 Objections
Claims 3 and 8 are objected to because of the following informalities:
Claim 3 Line 1 recites “the feedback”, it is suggested that Applicant replace the limitation with --feedback of the feedback system--.
Claim 8 Line 2 recites “can”, it is suggested that Applicant replace the limitation with –is configured to--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, and 8-9 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 2 Line 2 recites “the quality”. There is insufficient antecedent basis for this limitation in the claim. In order to proceed, “the” should be replaced with --a--.
Claim 8 Line 2 recites “the sensors”, a sensor has been indicated in Claim 1 and therefore it is unclear if Applicant is referring to the same or different sensors. In order to proceed, “the sensors” will be replaced with --the sensor--.
Claim 8 Line 2 recites “the network”. There is insufficient antecedent basis for this limitation in the claim. In order to proceed, “the” should be replaced with --a--.
Claim 9 Line 2 recites “the sensors”, a sensor has been indicated in Claim 1 and therefore it is unclear if Applicant is referring to the same or different sensors. In order to proceed, “the sensors” will be replaced with --the sensor--.
Claim 9 Line 2 recites “the network”. There is insufficient antecedent basis for this limitation in the claim. In order to proceed, “the” should be replaced with --a--.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rubin et al (US 20190344123 A1).
Regarding Claim 1, Rubin et al teaches an exercise system, comprising: a resistance based exercise tool 100; a feedback system (Refer to Paragraph [0054] In addition to providing feedback to control the dynamic force module, the exercise platform may also be used for other purposes including, without limitation: (a) monitoring changes to the center of pressure during an exercise to monitor and/or provide feedback on a user's form; (b) weighing the user; (c) counting and quantify calisthenics, plyometric, or similar exercises such as pushups, box jumps, bodyweight squats, running in place, etc. that may be performed while at least partially supported by the exercise platform; (d) acting as a form of input or controller for gamified workout programming; (e) monitoring a user's balance during balance-based exercises (e.g., yoga, physiotherapy exercises, etc.); (f) acting as a force plate for medical or other diagnostic purposes; and (g) observing a user's foot positioning during exercises.”); a sensor for sensing at least one of movement, acceleration, linear and angular velocity, position, temperature, pressure, magnetic field, heart rate, radio frequency, sound waves, and orientation (Refer to Paragraph [0061]:”As discussed below in further detail, the exercise platform 100 generally includes force sensors for measuring force applied to the top 104. Such forces are then used to provide feedback to and control the dynamic force module, among other things. For example, the force measurements obtained from the sensors may be used to determine a total force/weight applied to the top 104 such that by subtracting the weight of the user 10 and accounting for any directionality in the applied force, a tension/resistance on the cable 106 may be determined.”); and a controller adapted to use data from at least one of movement, acceleration, linear and angular velocity, position, temperature, pressure, magnetic field, heart rate, radio frequency, sound waves, and orientation from the sensor to control the feedback system (Refer to Paragraph [0054]:” In addition to providing feedback to control the dynamic force module, the exercise platform may also be used for other purposes including, without limitation: (a) monitoring changes to the center of pressure during an exercise to monitor and/or provide feedback on a user's form; (b) weighing the user; (c) counting and quantify calisthenics, plyometric, or similar exercises such as pushups, box jumps, bodyweight squats, running in place, etc. that may be performed while at least partially supported by the exercise platform; (d) acting as a form of input or controller for gamified workout programming; (e) monitoring a user's balance during balance-based exercises (e.g., yoga, physiotherapy exercises, etc.); (f) acting as a force plate for medical or other diagnostic purposes; and (g) observing a user's foot positioning during exercises…. [0060]:”FIG. 2 shows the user 10 standing on the top 104 of the exercise platform 100 while performing an exercise. As discussed below in further detail, the exercise platform 100 generally includes force sensors for measuring force applied to the top 104. Such forces are then used to provide feedback to and control the dynamic force module, among other things.”).
Regarding Claim 2, Rubin et al continues to teach wherein the controller is adapted to determine one or more of completion of repetitions, the quality of the repetitions, and metrics such as velocity, stability, activity recognition, symmetry, range of motion, and improper form (Refer to Paragraph [0064]:” Such additional force measurements enable the exercise platform 100 to determine, among other things, whether a user is imbalanced, whether a user is favoring one side of their body, whether a user is performing unilateral exercises correctly, whether a user is applying proper weight to the heel versus toe, etc. The force sensors may also provide signals that may be used to count repetitions of various possible movements.”).
Regarding Claim 3, Rubin et al continues to teach wherein the feedback is provided in real time (Refer to Paragraph [0103]:” In certain implementations, the system controller 1102 may be adapted to automatically download updates to a workout program or exercise in response to user performance or other feedback obtained from the user. In certain implementations, such updating may occur in real-time during the course of an exercise, a set, or a workout.”).
Regarding Claim 4, Rubin et al continues to teach wherein the feedback system is adapted to change resistance based on an exercise program (Refer to Paragraph [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. For example, 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).”).
Regarding Claim 5, Rubin et al continues to teach wherein the controller is adapted to communicate over a network, wherein the exercise program is provided over the network (Refer to Paragraph [0056]:” Exercise platforms in accordance with this disclosure may be communicatively coupled to each other and to other computing devices over a network, such as the Internet. In one implementation, a cloud-based computing platform may interact with dynamic force modules and user computing devices to, among other things, distribute force profiles, store and update user information, and present tracking information to users and personnel such as gym facility managers, personal trainers, physiotherapists, and others who may be working with a user. The cloud-based computing platform further enables the generation, updating, and storage of content for use with dynamic force modules including, but not limited to, force profiles, workout plans, multimedia content, and the like.”).
Regarding Claim 6, Rubin et al continues to teach wherein the controller is adapted to communicate over a network, wherein data from sensors of other exercise systems are provided over the network (Refer to Paragraph [0053]-[0056]:” Exercise platforms in accordance with this disclosure may be communicatively coupled to each other and to other computing devices over a network, such as the Internet. In one implementation, a cloud-based computing platform may interact with dynamic force modules and user computing devices to, among other things, distribute force profiles, store and update user information, and present tracking information to users and personnel such as gym facility managers, personal trainers, physiotherapists, and others who may be working with a user. The cloud-based computing platform further enables the generation, updating, and storage of content for use with dynamic force modules including, but not limited to, force profiles, workout plans, multimedia content, and the like.”).
Regarding Claim 7, Rubin et al continues to teach wherein the feedback system comprises at least one of a display screen, a sound generator, and a haptic device (Refer to Paragraph [0094]:” In certain implementations, exercise platforms in accordance with this disclosure provide such feedback, at least in part, through a user interface that is presented to the user via the computing device. The user interface generally includes textual, audio, speech, and/or graphical elements for guiding the user through exercises or workouts. For example, the user interface may include animated graphs or other representations for displaying a measured user parameter relative to an optimal value or optimal range for the same parameter.”).
Regarding Claim 8, Rubin et al continues to teach wherein the controller stores data from the sensors over the network and can run pattern recognition, data analytics, and machine learning models on a user's data set in order to analyze user specific metrics (Refer to Paragraph [0156] In certain implementations, the cloud-based computing platform 2050 may be accessible through a web portal 2062 or through a corresponding application. In the example cloud-based computing platform 2050, the web portal 2062 includes various modules such as a data insights module 2064, a workout builder module 2066, an AI/feedback generator module 2068, a content management module 2070, and a personal trainer module 2072”… [0160] The AI/feedback generator module 2068 may include a machine-learning or similar system adapted to provide feedback and recommendations to a user based on, among other things, the user's personal information, and exercise history.”).
Regarding Claim 9, Rubin et al continues to teach wherein the controller stores data from the sensors over the network and uses artificial intelligence to provide personalized performance and health insights as well as user-specific exercise and program recommendations to the user (Refer to Paragraph [0160]:”The AI/feedback generator module 2068 may include a machine-learning or similar system adapted to provide feedback and recommendations to a user based on, among other things, the user's personal information, and exercise history. For example, the AI/feedback generator module 2068 may analyze the user's personal information and exercise history to identify particular areas of weakness or areas of concern in order to recommend particular exercises or workout routines to the user. The AI/feedback generator may also provide recommendations and/or recommended workout schedules to the user based on goals or desired results identified by the user or a doctor, trainer, or similar professional working with the user. In certain implementations, the AI/feedback generator module 2068 may also be used to recommend exercises and workouts to improve client retention for a particular gym facility. For example, the AI/feedback generator module 2068 may identify exercises based on historical user data that are highly correlated with regular and consistent gym attendance and user motivation. The AI/feedback generator module 2068 may then provide recommendations to a user aimed to encourage high participation by the user and high retention for the gym facility.”).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NYCA T NGUYEN whose telephone number is (571)272-7168. The examiner can normally be reached Mon-Fri 9:00-5:00.
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.
/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784
Prosecution Insights