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 .
Priority
Acknowledgement is made of Applicant’s claim for priority to PCT/IB2023/060643 filed 21 October 2023 and to provisional application no. 63/508,285 filed 15 June 2023, provisional application no. 63/505,294 filed 31 May 2023, and provisional application no. 63/380,548 filed 21 October 2022. However, since independent claim 16 includes subject matter that was not described previously in provisional application no. 63/508,285, provisional application no. 63/505,294, or provisional application no. 63/380,548, the effective filing date of the claims is the filing date of PCT/IB2023/060643, which is 21 October 2023. Specifically, the provisional applications do not recite at least “the digital console comprising a display screen configured to present a graphical user interface” and “a controller configured to: receive workout content comprising a predetermined speed sequence from a remote source.”
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 14 April 2025 and 30 May 2025 have been considered by the examiner.
Preliminary Amendment
Applicant’s preliminary amendment to the claims filed 21 October 2025 is acknowledged. Claims 1-15, 18-19, 21-43, and 46-50 have been canceled. New claims 51-68 have been added. Claims 16-17, 20, 44-45, and 51-68 are still pending. An action on the merits follows.
Drawings
Figures 2-13 and 15A-20 are objected to as being color photographs or computer-aided (CAD) drawings. The figures include dark coloring/shading that render the figures difficult to reproduce and the reference characters/lead lines difficult to distinguish. Photographs are only accepted in utility applications if they are the only practicable medium for illustrating the claimed invention. Black and white line drawings are required because the subject matter of the present application admits of illustration by a drawing. See 37 C.F.R. 1.84(a and b), specifically cited at MPEP 608.02(V).
The drawings are further objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “track” in claim 16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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
Claims 17 and 53 is objected to because of the following informalities:
Claim 17, line 4, “the predetermined speed sequence at least one of:” should read --the predetermined speed sequence--
Claim 17, line 7, “or” should read --and/or--
Claim 53, line 2, “630 degrees” should read --360 degrees--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 54-55 and 61-65 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 54 recites the limitation “wherein the controller is configured to establish wireless communication with a remote device via at least one of … Wi-Fi connectivity” in lines 1-2. This limitation was not described in the original disclosure and is considered new matter.
Claim 55 depends on claim 54 and further recites “wherein the remote device comprises a mobile device running a fitness application; and the controller is configured to receive the workout content from the fitness application” in lines 1-3. This limitation was not described in the original disclosure and is considered new matter.
Claim 61 recites the limitation “wherein the digital console is configured to display a leaderboard interface showing performance rankings of multiple users” in lines 1-2. This limitation was not described in the original disclosure and is considered new matter.
Claim 62 depends on claim 61 and further recites the limitation “wherein the leaderboard interface comprises at least one of class-based rankings during a workout session or cumulative performance rankings based on historical workout data” in lines 1-3. This limitation was not described in the original disclosure and is considered new matter.
Claim 63 recites the limitation “wherein the digital console is configured to execute interactive gaming applications displayable on the graphical user interface” in lines 1-2. This limitation was not described in the original disclosure and is considered new matter.
Claim 64 recites the limitation “wherein the controller is configured to establish communication with third-party applications via the wireless communication” in lines 1-2. This limitation was not described in the original disclosure and is considered new matter.
Claim 65 depends on claim 64 and further recites the limitation “wherein the third-party applications comprise at least one of streaming media platforms, social media applications, or data synchronization applications” in lines 1-2. This limitation was not described in the original disclosure and is considered new matter.
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 20, 64-65, and 68 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 20 recites the limitation “a display” in line 2 and a rotatable “screen” in line 6. It is unclear if these limitations are referring to the same “display screen” recited previously in claim 16, upon which claim 20 depends, or to other, separate displays and screens.
Claim 64 recites the limitation “the wireless communication” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 68 recites the limitations “workout content” and “a predetermined speed sequence” in lines 2 and 3. It is unclear if these limitations are referring to the same “workout content” and “predetermined speed sequence” recited previously in claim 16, upon which claim 68 depends, or to other, separate limitations.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 17 and 20 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 17 recites the limitation “the predetermined speed sequence at least one of: is determined at least in part by a remote fitness instructor” in lines 4-5. This limitation positively recites a user/body part (the fitness instructor). Applicant is suggested to functionally recite the structure in a manner to not claim the user, such as by using “configured to” or similar language.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16-17, 20, 44, 51, 54-60, and 64-68 are rejected under 35 U.S.C. 103 as being unpatentable over Corbalis (US 2020/0316431) in view of Watterson et al. (US 2021/0170234, hereinafter Watterson).
Regarding claim 16, Corbalis teaches a fitness system comprising:
a stair climbing machine having a moveable step (steps 102) and a track (chains 912) configured to guide at least a portion of the moveable step along the track (Fig. 9a: The steps 102 are coupled to the chain 912 which guides the steps as they revolve around the axles 906, 908.);
a digital console (control panel 208) integrated with the stair climbing machine, the digital console comprising a display screen (display 1414) configured to present a graphical user interface (Figs. 1, 14 show the stair machine integrated with a display on the control panel 208.); and
a controller (controller 1401).
Corbalis does not teach the fitness system configured to: receive workout content comprising a predetermined speed sequence from a remote source; and automatically control a speed of the moveable step along the track based on the predetermined speed sequence synchronized with the workout content.
However, in a similar field of endeavor, Watterson teaches a fitness system comprising: a stair climbing machine (Para. [0116]: “Also, although only a treadmill, elliptical machine, exercise bike, and rower machine are illustrated in the exercise system disclosed herein, it is understood that other types of exercise machines may be employed in the exercise system. For example, a cable weight machine or cable strength training machine (such as the NordicTrack Fusion CST machine), a stair climbing machine, or any other type of exercise machine may be employed.”); a digital console (console 122) integrated with the stair climbing machine (Figure 2), the digital console comprising a display screen configured to present a graphical user interface (Para. [0033]: “the video workout program may be transmitted from the local server 116 to a console 122a, 122b, 122c, or 122d of the exercise machine 120a, 120b, 120c, or 120d, which may include a display, such as a touchscreen display.”); and a controller configured to: receive workout content comprising a predetermined speed sequence from a remote source; and automatically control a speed of the moveable step along the track based on the predetermined speed sequence synchronized with the workout content (Para. [0084]: “The method 600 may include, at action 614, displaying the video and, at action 616, controlling one or more moveable members of the exercise machine using the exercise machine control commands. In some embodiments, changes in the control of the one or more moveable members of the exercise machine may occur synchronously with associated changes in the workout being displayed in the video. For example, the console 122a of the exercise machine 120a may display the video, including the frames 300a-300d (which may be interleaved with other frames, since the frames 300a-300d are successively one second apart). Simultaneously, the console 122a of the exercise machine 120a may control the running belt 126a and the running deck 126b of the exercise machine 120a using the exercise machine control commands. In this example, when the console 122a receives and decodes the CSV encoding 305b, simultaneously to displaying the frame 300b, the console 122a may control the running belt 126a to operate at 6 miles per hour based on the control command “6” found in the 2.sup.nd position of the CSV encoding 305b, and may control the running deck 126b to incline to 0.5% based on the control command “0.5” found in the 3.sup.rd position of the CSV encoding 305b.” Watterson teaches synchronizing a speed of the exercise machine with a speed shown in a video displayed to the user during a workout.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fitness system of Corbalis by including the workout display and corresponding synchronous control commands of Watterson. One of ordinary skill in the art would have been motivated to make this modification in order to “enable a user to become immersed in a workout on the exercise machine, which may help the user to avoid the boredom and burnout that is often experienced by users of exercise machines,” as suggested by Watterson (Para. [0110]).
Regarding claim 17, the combination of Corbalis and Watterson as discussed above with regards to claim 16 teaches the fitness system of claim 16, wherein:
the stair climbing machine further comprises a frame (frame 104) configured to support the track (Corbalis: Figs. 1, 9a); and
the predetermined speed sequence at least one of:
is determined at least in part by a remote fitness instructor;
comprises at least two predetermined speeds, the predetermined speeds configured to mimic a terrain; or
corresponds to a video stream (Watterson: Para. [0076]: “changes in the exercise machine control commands may be synchronized with associated changes in a workout depicted in the video.”).
Regarding claim 20, Corbalis in view of Watterson teaches the fitness system of claim 17 further comprising one or more of:
a display (display 1414) (Corbalis: Figs. 1, 14);
a removeable handle removably connected to the frame;
a wheel (casters 904) (Corbalis: Fig. 9a);
an anchor point on an external surface of the frame (Corbalis: Fig. 1: The handles act as anchor points on an external surface of the frame.);
a rotatable screen coupled to the frame;
a motor (motor 909) and internal electrical components connected to the track and configured to move the moveable step (Corbalis: Fig. 10; Para. [0076]: “In other embodiments, the controller 1401 commands the electric brake mechanism 909 to increase or decrease the rotational resistance by increasing or decreasing the load of the electric brake mechanism 909 by, for example, controlling variable resistors.”); or
a shield (cladding 108) (Corbalis: Fig. 1 shows the cladding 108 acting as a shield for the internal parts.).
Regarding claim 44, the combination of Corbalis and Watterson as discussed above with regards to claim 16 teaches the fitness system of claim 16 further comprising:
a processing platform comprising at least one processor (processor unit 1404) (Corbalis: Fig. 14); and
memory (memory 1406) in communication with the processing platform and storing instructions (Corbalis: Fig. 14; Para. [0079]: “The processor unit 1404 serves to execute instructions for software that may be loaded into memory 1406.”).
Corbalis does not teach wherein the instructions, when executed by the processing platform, are configured to: transmit a signal to the controller, the signal being configured to change a speed of the moveable step along the track based on the predetermined speed sequence.
However, in a similar field of endeavor, Watterson teaches a processing platform comprising at least one processor (processor 702); and memory (memory 704) in communication with the processing platform and storing instructions that, when executed by the processing platform, are configured to: transmit a signal to the controller, the signal being configured to change a speed of the moveable step along the track based on the predetermined speed sequence (Para. [0103]: “In some embodiments, the processor 702 may interpret and/or execute program instructions and/or process data stored in the memory 704 and/or the file system 706. In some embodiments, the processor 702 may fetch program instructions from the file system 706 and load the program instructions into the memory 704. After the program instructions are loaded into the memory 704, the processor 702 may execute the program instructions. In some embodiments, the instructions may include the processor 702 performing one or more actions of the method 600 of FIGS. 6A-6B.” The method 600 depicted in Figs. 6A, 6B describe methods for changing a speed of the exercise device synchronously with a speed shown in a video workout.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Corbalis by including the instructions to change a speed of the moveable step based on the speed of a video workout, as taught by Watterson. One of ordinary skill in the art would have been motivated to make this modification in order to “enable a user to become immersed in a workout on the exercise machine, which may help the user to avoid the boredom and burnout that is often experienced by users of exercise machines,” as suggested by Watterson (Para. [0110]).
Regarding claim 51, Corbalis in view of Watterson teaches the fitness system of claim 16.
Corbalis does not teach wherein the display screen comprises a touchscreen interface configured to receive user input commands.
However, in a similar field of endeavor, Watterson teaches wherein the display screen comprises a touchscreen interface configured to receive user input commands (Para. [0033]: “a console 122a, 122b, 122c, or 122d of the exercise machine 120a, 120b, 120c, or 120d, which may include a display, such as a touchscreen display.” Claim 1: “an override input by the user selecting an override control on the touchscreen display.” The user can provide inputs on the touchscreen display.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display of Corbalis by making it a touchscreen, as taught by Watterson, with the predicted result of providing an interface that is easy to use during an exercise workout (see MPEP 2141(III)).
Regarding claim 54, the Corbalis in view of Watterson teaches the fitness system of claim 16.
Corbalis does not teach wherein the controller is configured to establish wireless communication with a remote device via at least one of Bluetooth or Wi-Fi connectivity.
However, in a similar field of endeavor, Watterson teaches wherein the controller is configured to establish wireless communication with a remote device (tablet 124) via at least one of Bluetooth or Wi-Fi connectivity (Watterson: Para. [0033]: “The tablet 124 may communicate with the console 122a, 122b, 122c, or 122d, and/or with the exercise machine 120a, 120b, 120c, or 120d, via a network connection, such as a Bluetooth connection.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Corbalis by including the remote device of Watterson with the predicted result of providing a device that a personal trainer can use to control the stair machine for a user during a personal training session without a need for the trainer to reach and control the device from the attached console (see MPEP 2141(III)).
Regarding claim 55, the combination of Corbalis and Watterson as discussed above with regards to claim 54 teaches the fitness system of claim 54, wherein:
the remote device comprises a mobile device running a fitness application; and
the controller is configured to receive the workout content from the fitness application (Watterson: Para. [0113]: “In another example, a local server may be eliminated, and the video workout program may be transmitted directly from the network to a console, or to a tablet where the tablet functions as a console or functions in connection with a console.” Para. [0068]: “The method 600 may be performed, in some embodiments, by one or more applications, devices, or systems, such as by… the tablet.” The tablet can be used to execute the method. A user would begin the method using the tablet.).
Regarding claim 56, the combination of Corbalis and Watterson as discussed above with regards to claim 16 teaches the fitness system of claim 16, wherein:
the workout content comprises a video stream featuring coaching instructions; and
the predetermined speed sequence is synchronized with the coaching instructions in the video stream (Watterson: Para. [0129] describes how a trainer depicted in the video workout program can give verbal instructions that are synchronized with control commands that affect the speed of the machine.).
Regarding claim 57, Corbalis in view of Watterson as discussed above with regards to claims 16 and 56 teaches the fitness system of claim 56, wherein the video stream comprises at least one of a pre-recorded coaching session or a live coaching session (Watterson: Para. [0024]: “Where the video workout program depicts a live workout, the encoding may occur synchronously with the capturing of the video. Alternatively, where the video workout program depicts a pre-recorded workout, the encoding may occur subsequent to the capturing of the video.” The video workout program can be a live workout or a pre-recorded workout.).
Regarding claim 58, the combination of Corbalis and Watterson as discussed above with regards to claim 16 teaches the fitness system of claim 16, wherein:
the workout content comprises scenic video content; and
the predetermined speed sequence is configured to simulate terrain variations corresponding to the scenic video content (Watterson: Figs. 3A-3D show a scenic video content that is shown to a user. The exercise machine is synchronized with the video workout content to simulate the variations within the video.).
Regarding claim 59, the combination of Corbalis and Watterson as described above with regards to claim 16 teaches the fitness system of claim 16, wherein the controller is further configured to:
receive a user fitness level parameter from a user of the fitness system; and
modify the predetermined speed sequence based on the user fitness level parameter (Watterson: Para. [0123]: “a video workout program executing on the exercise machine may continue to automatically scale the workout up and down to follow the workout depicted in the video, but may do so with the current difficulty level reset to the level set by the user.”).
Regarding claim 60, the combination of Corbalis and Watterson as described above with regards to claims 16 and 59 teaches the fitness system of claim 59, wherein modifying the predetermined speed sequence comprises proportionally adjusting speed values in the predetermined speed sequence according to the user fitness level parameter (Watterson: Para. [0126]: “In some embodiments, the adaptive scaling of a video workout program by adjusting the current difficulty level may include adjusting multiple exercise machine parameters simultaneously. For example, in the case of a treadmill, the adaptive scaling of a video workout program may include simultaneously adjusting the current difficulty level of both a speed of a running belt and an incline percentage of a running deck.”).
Regarding claim 64, Corbalis in view of Watterson teaches the fitness system of claim 16.
Corbalis does not teach wherein the controller is configured to establish communication with third-party applications via the wireless communication.
However, in a similar field of endeavor, Watterson teaches wherein the controller is configured to establish communication with third-party applications via the wireless communication (Para. [0087]: “Further, in addition control commands encoded in the subtitle stream of the video, other information may be encoded in the video or otherwise included with the video, such as TWITTER or FACEBOOK or INSTAGRAM comments, or other types of comments received from users or trainers, such as over the Internet via an app or website.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Corbalis by including the communication with the social media platforms, as taught by Watterson. One of ordinary skill in the art would have been motivated to make this modification in order to “enable a user to become immersed in a workout on the exercise machine, which may help the user to avoid the boredom and burnout that is often experienced by users of exercise machines,” as suggested by Watterson (Para. [0110]).
Regarding claim 65, the combination of Corbalis and Watterson as described above with regards to claim 64 teaches the fitness system of claim 64, wherein the third-party applications comprise at least one of streaming media platforms, social media applications, or data synchronization applications (Watterson: Para. [0087] describes information provided with the video including TWITTER, FACEBOOK, or INSTAGRAM comments, which would all come from the respective social media applications.).
Regarding claim 66, Corbalis in view of Watterson teaches the fitness system of claim 16.
Corbalis does not explicitly teach wherein: the digital console comprises multiple display regions; and the graphical user interface is configured to simultaneously display different content in the multiple display regions.
However, in a similar field of endeavor, Watterson teaches wherein: the digital console comprises multiple display regions (widgets 508, 510); and the graphical user interface is configured to simultaneously display different content in the multiple display regions (Fig. 5A shows wherein the widgets 508, 510 are overlaid on the video workout content.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display screen of Corbalis by including the multiple widgets of Watterson with the predicted result of providing the user with more information about their performance in order to help the user see their progress over time (see MPEP 2141(III)).
Regarding claim 67, Corbalis in view of Watterson teaches the fitness system of claim 16 further comprising:
a removeable transport handle (steps 112) removably connected to a frame of the stair climbing machine, the removeable transport handle being configured to assist with transportation of the fitness system (Corbalis: Fig. 13a: The steps 112 are capable of being grasped as handles and are capable of being used to assist with transportation by lifting the stair machine such that the caster on the back can be used to wheel the machine around.) and
at least one wheel (casters 905) connected to the frame (Corbalis: Fig. 9a); and optionally
at least one anchor point disposed on an external surface of the stair climbing machine, the at least one anchor point being configured to receive strength training attachments (Corbalis: Fig. 8 shows a number of anchor points on the handles of the stair machine that are capable of receiving an elastic band for strength training. An anchor point is interpreted as any point on the machine that is capable of being used as an anchor for an accessory. It is noted that use of the term “optionally” has resulted in this limitation not being required.).
Corbalis does not explicitly teach wherein the steps 112 are removable and thus removably connected to the frame of the stair climbing machine, but appears to show wherein the steps 112 are attached via bolts or screws in Fig. 13a. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the steps of Corbalis to be removable, because the stair machine would not operate differently with the claimed attachment and the steps would function appropriately as access steps, as desired by Corbalis. Such a modification involves merely making components separable which fails to distinguish the invention over the prior art (see MPEP 2144.04).
Regarding claim 68, the combination of Corbalis and Watterson as discussed above with regards to claim 16 teaches a method for controlling the fitness system of Claim 16 comprising:
receiving, at the controller of the fitness system, workout content comprising a predetermined speed sequence from the remote source;
displaying the workout content on the digital console integrated with the stair climbing machine; and
automatically controlling, by the controller, the speed of the moveable step of the stair climbing machine based on the predetermined speed sequence synchronized with the workout content (Watterson: Para. [0084]: “The method 600 may include, at action 614, displaying the video and, at action 616, controlling one or more moveable members of the exercise machine using the exercise machine control commands. In some embodiments, changes in the control of the one or more moveable members of the exercise machine may occur synchronously with associated changes in the workout being displayed in the video. For example, the console 122a of the exercise machine 120a may display the video, including the frames 300a-300d (which may be interleaved with other frames, since the frames 300a-300d are successively one second apart). Simultaneously, the console 122a of the exercise machine 120a may control the running belt 126a and the running deck 126b of the exercise machine 120a using the exercise machine control commands. In this example, when the console 122a receives and decodes the CSV encoding 305b, simultaneously to displaying the frame 300b, the console 122a may control the running belt 126a to operate at 6 miles per hour based on the control command “6” found in the 2.sup.nd position of the CSV encoding 305b, and may control the running deck 126b to incline to 0.5% based on the control command “0.5” found in the 3.sup.rd position of the CSV encoding 305b. Similarly, in this example, when the console 122a receives and decodes the CSV encoding 305c, simultaneously to displaying the frame 300c, which shows changes in the workout of the trainer 108a from running at 6 mph to 5 mph, and from running on an incline of 0.5% to running on an incline of 4.5%, the console 122a may control the running belt 126a to change from operating at 6 mph to 5 mph based on the control command “5” found in the 2.sup.nd position of the CSV encoding 305c, and may control the running deck 126b to change from being inclined at 0.5% to being inclined at 4.5% based on the control command “4.5” found in the 3.sup.rd position of the CSV encoding 305c.”).
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Corbalis (US 2020/0316431) in view of Watterson (US 2021/0170234) as applied to claim 44 above, and further in view of Oglesby et al. (US 2007/0161466, hereinafter Oglesby) and Rosenberg et al. (US 2023/0274813, hereinafter Rosenberg).
Regarding claim 45, the combination of Corbalis and Watterson as discussed above with regards to claims 16 and 44 teaches the fitness system of claim 44 further comprising:
wherein the instructions are further configured to:
receive a selection of a video stream from a user;
transmit the video stream to a screen of the stair climbing machine and instructions to the stair climbing machine to cause a motor of the stair climbing machine to move the step along the track based on the predetermined speed sequence in sync with the video stream (Watterson: Para. [0084]: “The method 600 may include, at action 614, displaying the video and, at action 616, controlling one or more moveable members of the exercise machine using the exercise machine control commands. In some embodiments, changes in the control of the one or more moveable members of the exercise machine may occur synchronously with associated changes in the workout being displayed in the video.”).
Corbalis in view of Watterson does not teach a sensor attached to a frame of the stair climbing machine configured to dynamically monitor a presence of a user on the step; wherein the instructions are further configured to receive data from the sensor; based at least in part on the data received from the sensor being indicative of a user no longer being present, output a signal to stop a movement of the step along the track.
However, in a similar field of endeavor, Oglesby teaches a fitness system comprising an exercise machine (treadmill 10) comprising a sensor attached to a frame configured to dynamically monitor a presence of a user on the step; wherein the instructions are further configured to receive data from the sensor; based at least in part on the data received from the sensor being indicative of a user no longer being present, output a signal to stop a movement of the track (Para. [0032]: “In order to overcome the problem of users leaving treadmills before the end of workout programs which can result in treadmills continuing to run for an extended period of time, the treadmill 10 can be provided with a mechanism for stopping the belt 28 that is responsive to various criteria for indicating whether or not the user is on the treadmill 10. Preferably, all of the various resources of information available to the system 34 are used to control this feature. For example, information can be obtained from the motor controller 36 to determine the load on the motor 38 for a predetermined speed which would indicate the presence of a user on the belt 28. This information can also include timing of the use of the key pad 24, the inclination mechanism 32 and use of the pulse sensors 46. In addition, detectors such as an IR detector 72, a weight sensor 74 using a load cell, and a foot pressure sensor 76 can be used to infer the presence of a user on the belt 28. As indicated in FIGS. 11 and 12C, combinations of this type of information in combination with information received from the IR receiver/transmitter 72 can be used to optimize the determination of the presence of a user on the belt 28.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the stair climbing machine of Corbalis by including a sensor and stopping mechanism of Oglesby. One of ordinary skill in the art would have been motivated to make this modification in order to “overcome the problem of users leaving [machines] before the end of workout programs which can result in [machines] continuing to run for an extended period of time,” as suggested by Oglesby (Para. [0032]).
Corbalis in view of Watterson further in view of Oglesby still does not teach wherein the instructions are further configured to: determine, based at least in part on data from the sensor and using a machine learning model, whether a safety hazard is present; and in response to determining a safety hazard is present, stop the movement of the step along the track; and wherein the machine learning model is: trained to identify the safety hazard based on marked indicators in historical safety hazard data; and retrained after a safety hazard incident using marked indicators from the safety hazard incident.
However, in a similar field of endeavor, Rosenberg teaches an exercise machine (treatment apparatus 70) configured to: determine, based at least in part on data from the sensor and using a machine learning model, whether a safety hazard is present; and in response to determining a safety hazard is present, stop the movement of the exercise machine (Para. [0348]: “The threshold condition may be satisfied when one or more of the measurements, alone or in combination, exceed a certain value. For example, if the user's heart rate is outside of 60 to 100 beat per minute, the machine learning model may determine a high probability the user may be experiencing a heart attack and cause a preventative action to be performed, such as initiating a telecommunication transmission (e.g., calling 911) and/or stopping the electromechanical machine.”); and wherein the machine learning model is: trained to identify the safety hazard based on marked indicators in historical safety hazard data (Para. [0164]: “the processing device may execute the one or more trained machine learning models 13 to determine the one or more probabilities based on (i) historical data pertaining to the user, another user, or both.”); and retrained after a safety hazard incident using marked indicators from the safety hazard incident (Para. [0106]: “the machine learning models 13 may be re-trained on the fly as subsequent data is received, and therefore, the machine learning models 13 may continue to learn.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Corbalis by including the machine learning model of Rosenberg with the predicted result of providing an emergency stop mechanism for preventing injury (see MPEP 2141(III)).
Claims 52-53 are rejected under 35 U.S.C. 103 as being unpatentable over Corbalis (US 2020/0316431) in view of Watterson (US 2021/0170234) as applied to claim 16 above, and further in view of Oddsen, Jr. (US 6,505,988, hereinafter Oddsen).
Regarding claim 52, Corbalis in view of Watterson teaches the fitness system of claim 16.
Corbalis does not teach wherein the display screen is rotatably mounted to the stair climbing machine and configured to rotate about at least one axis.
However, in a similar field of endeavor, Oddsen teaches a tilter (tilter 10) for positioning electronic devices (device 100) comprising a display screen, wherein the display screen is rotatably mounted to the tilter and configured to rotate about at least one axis (Col. 3, line 62-Col. 4, line 3: “FIG. 2 illustrates how the tilter 10 can be rotated around all three axis, i.e. the x-axis, the y-axis and the z-axis. … The tilter 10 is rotated around the y-axis by rotating the support block shaft 30 within the coupling 210 of the extension arm 200.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display console of Corbalis by making it rotatable, as taught by Oddsen, with the predicted result of providing a display screen that can be moved and adjusted for the comfort of the user, such as to avoid glare from an open window (see MPEP 2141(III)).
Regarding claim 53, the combination of Corbalis, Watterson, and Oddsen as discussed above with regards to claim 52 teaches the fitness system of claim 52, wherein the display screen is configured to rotate by at least 630 degrees about the at least one axis (Oddsen: Fig. 2 shows wherein the display screen is fully rotatable around the y-axis, such that it is capable of rotating at least 630 degrees.).
Claims 61-62 are rejected under 35 U.S.C. 103 as being unpatentable over Corbalis (US 2020/0316431) in view of Watterson (US 2021/0170234) as applied to claim 16 above, and further in view of Dion et al. (US 2018/0126248, hereinafter Dion).
Regarding claim 61, Corbalis in view of Watterson teaches the fitness system of claim 16.
Corbalis does not teach wherein the digital console is configured to display a leaderboard interface showing performance rankings of multiple users.
However, in a similar field of endeavor, Dion teaches a fitness system comprising a digital console with a display screen configured to display a leaderboard interface (leaderboard 244) showing performance rankings of multiple users (Fig. 18. Para. [0080]: “As shown in FIG. 18, a leaderboard 244 may also be displayed to allow the user 106 to see their performance in comparison to others taking the same exercise class.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display of Corbalis by including the leaderboard of Dion with the predicted result of creating a competitive environment for a user to push themselves during a workout (see MPEP 2141(III)).
Regarding claim 62, the combination of Corbalis, Watterson, and Dion as discussed above with regards to claim 61 teaches the fitness system of claim 61, wherein the leaderboard interface comprises at least one of class-based rankings during a workout session or cumulative performance rankings based on historical workout data (Dion: Para. [0080]: “As shown in FIG. 18, a leaderboard 244 may also be displayed to allow the user 106 to see their performance in comparison to others taking the same exercise class.”).
Claim 63 is rejected under 35 U.S.C. 103 as being unpatentable over Corbalis (US 2020/0316431) in view of Watterson (US 2021/0170234) as applied to claim 16 above, and further in view of DeLuca et al. (US 2018/0021629, hereinafter DeLuca).
Regarding claim 63, Corbalis in view of Watterson teaches the fitness system of claim 16.
Corbalis does not teach wherein the digital console is configured to execute interactive gaming applications displayable on the graphical user interface.
However, in a similar field of endeavor, DeLuca teaches a fitness system comprising a digital console configured to execute interactive gaming applications displayable on the graphical user interface (Para. [0002]: “This invention relates to fitness systems and methods for providing interactive and dynamic fitness or gaming programs. More particularly, this invention relates to a fitness or gaming environment incorporating virtual, augmented, or mixed reality, tracking systems, and dynamically-controlled exercise equipment to improve a participant's fitness performance and overall enjoyment.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the digital console of Corbalis by including the gaming applications of DeLuca. One of ordinary skill in the art would have been motivated to make this modification in order to “improve a participant's fitness performance and overall enjoyment,” as suggested by DeLuca (Para. [0002]).
Conclusion
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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