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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16, 19-22 of U.S. Patent No. 12,226,671. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims anticipate the instant application claims, as detailed in the Claim comparison chart below.
Double Patenting Claims Comparison Chart
Instant Application
US Pat. 12,226,671
1.
A pedal assembly for equipment for electromechanical exercise or rehabilitation of a user, comprising:
1.
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A pedal assembly for equipment for electromechanical exercise or rehabilitation of a user, comprising:
a pedal configured to be engaged by the user;
a spindle pivotably mounted to the pedal and having a spindle axis;
a pedal arm assembly mounted to a spindle, the pedal arm assembly comprises a housing with an elongate aperture through which a spindle extends,
and a pedal arm assembly mounted to the spindle for support thereof, the pedal arm assembly comprises *a housing with an elongate aperture through which the spindle extends,
the spindle pivotably mounted to a pedal,
the pedal arm assembly is configured to be coupled to an, the axle is offset from the spindle axis to define a range of travel of the pedal relative to the axle,
the housing comprising an elongate aperture through which the spindle extends,
*
the pedal arm assembly comprising a coupling assembly comprising
and a carriage mounted in the housing to support the spindle and an electric motor moves the spindle relative to the housing.
a carriage mounted in the housing, and an electric motor coupled to the carriage to move the spindle relative to the housing.
2.
The pedal assembly of claim 1, wherein the elongate aperture is orthogonal to a spindle axis.
2.
The pedal assembly of claim 1, wherein the elongate aperture is orthogonal to the spindle axis.
3.
The pedal assembly of claim 1, wherein a coupling assembly comprises a leadscrew configured to be rotated by the electric motor and threadingly coupled to the carriage
3.
The pedal assembly of claim 1, wherein the coupling assembly comprises a leadscrew configured to be rotated by the electric motor and threadingly coupled to the carriage.
4.
The pedal assembly of claim 3, wherein the carriage comprises a throughbore that receives the leadscrew and a threaded nut mounted adjacent to the throughbore, such that the threaded nut threadingly engages the leadscrew.
4.
The pedal assembly of claim 3, wherein the carriage comprises a throughbore that receives the leadscrew and a threaded nut mounted adjacent to the throughbore, such that the threaded nut threadingly engages the leadscrew.
5.
The pedal assembly of claim 4, wherein the coupling assembly comprises a rail adjacent and parallel to the leadscrew, the rail and the leadscrew are in the housing, and the carriage engages the rail for travel along the rail in the range of travel of the pedal.
5.
The pedal assembly of claim 4, wherein the coupling assembly comprises a rail adjacent and parallel to the leadscrew, the rail and the leadscrew are in the housing, and the carriage engages the rail for travel along the rail in the range of travel of the pedal.
6.
The pedal assembly of claim 3, wherein the coupling assembly comprises a slide pad between the carriage and an interior wall of the housing, and the slide pad is adjacent to the leadscrew.
6.
The pedal assembly of claim 3, wherein the coupling assembly comprises a slide pad between the carriage and an interior wall of the housing, and the slide pad is adjacent to the leadscrew.
7.
The pedal assembly of claim 3, wherein, during operation, the coupling assembly is configured to adjust the position of the pedal in response to a control signal.
7.
The pedal assembly of claim 3, wherein, during operation, the coupling assembly is configured to adjust the position of the pedal in response to the control signal.
8.
The pedal assembly of claim 3, wherein the coupling assembly is configured to adjust the position of the pedal to produce an elliptical pedal path, relative to an axle, during a revolution of the pedal.
8.
The pedal assembly of claim 3, wherein the coupling assembly is configured to adjust the position of the pedal to produce an elliptical pedal path, relative to the axle, during a revolution of the pedal.
9.
The pedal assembly of claim 1, wherein the pedal comprises a pressure sensor to sense a force applied to the pedal, and transmit the sensed force to a distal receiver.
9.
The pedal assembly of claim 1, wherein the pedal comprises a pressure sensor to sense a force applied to the pedal, and transmit the sensed force to a distal receiver.
10.
The pedal assembly of claim 9, wherein the pedal comprises a pedal bottom to receive and pivot about the spindle, the pressure sensor comprises a pluralityof pressure sensors, a base plate on the pedal bottom to support the plurality of pressure sensors, and a pedal top positioned above the base plate and operatively engaged with the plurality of pressure sensors to transmit force from the user of the pedal to the plurality of pressure sensors.
10.
The pedal assembly of claim 9, wherein the pedal comprises a pedal bottom to receive and pivot about the spindle, the pressure sensor comprises a plurality of pressure sensors, a base plate on the pedal bottom to support the plurality of pressure sensors, and a pedal top positioned above the base plate and operatively engaged with the plurality of pressure sensors to transmit force from the user of the pedal to the plurality of pressure sensors.
11.
The pedal assembly of claim 10, wherein the plurality of pressure sensors comprises a toe sensor to sense a first pressure and a heel sensor to sense a second pressure, and the first pressure and the second pressure are used by a control system to determine a net force on the pedal.
11.
The pedal assembly of claim 10, wherein the plurality of pressure sensors comprises a toe sensor to sense a first pressure and a heel sensor to sense a second pressure, and the first pressure and the second pressure are used by the control system to determine a net force on the pedal.
12.
The pedal assembly of claim 11, wherein the transmitted sensed force signal is used by a controller to adjust at least one of rotation of the pedals or a radial position of the pedal.
12.
The pedal assembly of claim 11, wherein the transmitted sensed force signal is used by a controller to adjust at least one of rotation of the pedals or the radial position of the pedals.
13.
A method for electromechanical exercise or rehabilitation for a user, comprising:electrically adjusting a position of a pedal relative to an axle in response to a control signal; and regulating motion of the pedal engaged with the user; wherein electrically adjusting the position of the pedal comprises controlling an electric motor coupled to a carriage to move a spindle in a housing and along an elongate aperture of a housing.
13.
A method for electromechanical exercise or rehabilitation for a user, comprising: electrically adjusting a position of a pedal relative to an axle in response to a control signal; regulating motion of the pedal engaged with the user;
14.
The method of claim 13, wherein electrically adjusting the position of the pedal comprises mechanically supporting a carriage on a rail of the housing for travel of the carriage over a range of travel of the pedal.
14.
The method of claim 13, wherein electrically adjusting the position of the pedal comprises mechanically supporting the carriage on a rail of the housing for travel of the carriage over a range of travel of the pedal.
15.
The method of claim 13, wherein electrically adjusting the position of the pedal comprises rotating a leadscrew with the electric motor to move a carriage.
15.
The method of claim 13, wherein electrically adjusting the position of the pedal comprises rotating a leadscrew with the electric motor to move the carriage.
16.
The method of claim 13, wherein the coupling assembly is configured to adjust the position of the pedal to produce an elliptical pedal path, relative to the axle, during a revolution of the pedal.
16.
The method of claim 13, wherein electrically adjusting the position of the pedal comprises, during a revolution of the pedal, adjusting the position of the pedal to produce an elliptical pedal path relative to the axle.
17.
The method of claim 13, wherein the pedal comprises a pressure sensor to sense a force applied to the pedal, and transmit the sensed force to a distal receiver.
19.
The method of claim 13, wherein the pedal comprises a pressure sensor to sense a force applied to the pedal, and transmit the sensed force to a distal receiver.
18.
The method of claim 17, wherein the pedal comprises a pedal bottom to receive and pivot about the spindle, the pressure sensor comprises a plurality of pressure sensors, a base plate on the pedal bottom to support the plurality of pressure sensors, and a pedal top positioned above the base plate and operatively engaged with the plurality of pressure sensors to transmit force from the user of the pedal to the plurality of pressure sensors.
20.
The method of claim 17, wherein the pedal comprises a pedal bottom to receive and pivot about the spindle, the pressure sensor comprises a plurality of pressure sensors, a base plate on the pedal bottom to support the plurality of pressure sensors, and a pedal top positioned above the base plate and operatively engaged with the plurality of pressure sensors to transmit force from the user of the pedal to the plurality of pressure sensors.
19.
The method of claim 18, wherein the plurality of pressure sensors comprises a toe sensor to sense a first pressure and a heel sensor to sense a second pressure, and the first pressure and the second pressure are used by the control system to determine a net force on the pedal.
21.
The method of claim 18, wherein the plurality of pressure sensors comprises a toe sensor to sense a first pressure and a heel sensor to sense a second pressure, and the first pressure and the second pressure are used by the control system to determine a net force on the pedal.
20.
The method of claim 19, wherein the transmitted sensed force signal is used by a controller to adjust at least one of rotation of the pedal or the radial position of the pedal.
22.
The method of claim 19, wherein the transmitted sensed force signal is used by a controller to adjust at least one of rotation of the pedals or the radial position of the pedals.
Allowable Subject Matter
Claims 1-20 would be allowable upon filing a Terminal Disclaimer to overcome the Double Patenting rejections set forth in this Office action. US Pat. 12,226,671 already has an approved Terminal Disclaimer to US Pat. 11,541,274. Any terminal disclaimer involving the instant application should reference US Pat. 11,541,274 as well.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not show an elongate aperture through the housing through which a spindle extends. The prior art of record neither shows nor teaches a motor configured to move a carriage with respect to the elongate housing. For at least this reason, claims 1 and 13 and all claims depending therefrom are considered allowable over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNDHARA M GANESAN whose telephone number is (571)272-3340. The examiner can normally be reached 9:30AM-5:30PM.
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/SUNDHARA M GANESAN/ Primary Examiner, Art Unit 3784
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