DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“translation mechanism” (i.e., nonce term “mechanism” for “translation”) in claims 2 and 10 to be a mechanism that facilitates lateral movement of a display including channel and rail, slot and wheel, and telescoping arm as described in paras. [0026]-[0027] of Applicant’s specification
“rotation mechanism” (i.e., nonce term “mechanism” for “rotation”) in claims 2 and 10 to be any rotation mechanism including a rod, pivot bracket and motor as described in paras. [0031], [0051], [0053], [0067] of Applicant’s specification
“pivot mechanism” (i.e., nonce term “mechanism” for “pivot”) in claim 13 as a mechanism to change a tilt of a console including a ball and socket, a telescopic arm, a friction clamp, any other mechanism as described in paras. [0047]-[0049] of Applicant’s specification
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(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.
Claims 2, 5, 7-10, 13, 16-18, and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen et al. (US PG Pub. No. 2022/0379190, effectively filed May 31, 2021) (herein “Chen”).
Regarding claim 2, Chen teaches an exercise device, comprising: a frame 30 (i.e., frame of exercise bike, see Fig. 3 below and para. [0044]); a display 50 movably connected to the frame 30 between a first rotational position (i.e., user can horizontally rotate display 50 about vertical axis A ,A6, A8, see Fig. 1,12A below, and Fig 13, and paras. [0065]-[0066]) a second rotational position (see Fig. 1,12A below, and Fig 13, and paras. [0065]-[0066]), a first translational position (see para. [0046], and Fig. 4 and 5A below), and a second translational position; a translation mechanism (i.e., connecting component rail mechanism 60, see para. [0046], and Fig. 5B below), wherein the display 50 is laterally movable along an approximately horizontal axis between the first translational position and the second translational position (i.e., slidable left and right on rails, see para. [0046]-[0047], and Fig. 5A) using the translation mechanism; and a rotation mechanism (i.e., a connecting component that includes vertical axis A6, see para. [0065]), wherein the display 50 is rotatable about an approximately vertical axis A6 (see Fig. 12A and para. [0065]) between the first rotational position and the second rotational position using the rotation mechanism.
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Regarding claim 5, Chen teaches the exercise device of claim 2, wherein the translation mechanism comprises a channel and a rail (see para. [0046).
Regarding claim 7, Chen teaches the exercise device of claim 2, wherein the exercise device comprises a treadmill, an elliptical device, an exercise bike (see Fig. 3 above), a rower, a cable resistance device, or any combination thereof.
Regarding claim 8, Chen teaches the exercise device of claim 2, further comprising: a component (i.e., handles 4,32, see Fig. 1 and 3) connected to the frame and positioned to physically prevent rotation of the display to the second rotational position when the display 2,50 (see Fig. 1 and 3) is in the first rotational position and the first translational position or visually obscure at least a portion of the display 2,50 (see Fig. 1 and 3) when the display is in the second rotational position and the first translational position (i.e., handles 2,50 block or obscure a portion of the display 2,50 when the display 2,50 is laterally moved or rotated to different positions), wherein, when the display 2,50 is in the second translational position, the component (i.e., handle 4,32, see Figs. 1 and 3) does not prevent the rotation of the display from the first rotational position to the second rotational position nor obscure the portion of the display when the display is in the second rotational position.
Regarding claim 9, Chen teaches the exercise device of claim 8, wherein the component of the exercise device comprises one or more handles 4,32 (see Figs. 1 and 3).
Regarding claim 10, Chen teaches a movable console for an exercise device, comprising: a housing (i.e., frame of display 50 having a display surface 51, see Fig. 3 above); a display 50 in the housing (see Fig. a); a post (i.e., holder 61, see para. [0046], and Fig. 5B) connecting the housing to a frame 30 of the exercise device; a translation mechanism (i.e., connecting component rail mechanism 60, see para. [0046], and Fig. 5B above) connecting the housing to the post 61, wherein the housing (i.e., frame of display 50) is laterally movable along an approximately horizontal translation axis along the translation mechanism 60 (see Figs. 4,5A and 5B and para. [0046]-[0047]); and a rotation mechanism (i.e., connecting component) connecting the post 61 to the frame 30, wherein the housing (i.e., housing of display 50) is rotatable with the rotation mechanism about an approximately vertical rotation axis (i.e., about axis A6, see Fig. 1 and 12A and para. [0065]), wherein the approximately vertical rotation axis A6 is transverse to the approximately horizontal translation axis.
Regarding claim 13, Chen teaches the movable console of claim 10, further comprising: a pivot mechanism (i.e., pivot mechanism about A1, see Fig. 7 and para. [0052]) at the housing, wherein the housing (i.e., housing of display 50) is movable about the pivot mechanism (see Fig. 7 and para. [0052]).
Regarding claim 16, Chen teaches the movable console of claim 10, wherein a component (i.e., handles 4,32, see Fig. 1 and 3) of the exercise device prevents rotation of the housing in one or more translational positions of the translation mechanism or visually obscures at least a portion of the display 50 in the one or more translational positions of the translation mechanism (i.e., handles visually obscures a portion of the display when the display 50 is moved laterally to a different position).
Regarding claim 17, Chen teaches the movable console of claim 16, wherein the component of the exercise device comprises one or more handles (i.e., handles 4,32, see Fig. 1 and 3).
Regarding claim 18, Chen teaches a method for operating an exercise device, comprising: operating the exercise device with a display 50 in a first rotational position (i.e., rotatable about axis A6, see Figs. 1 and 12A) and a first translational position (see Figs. 5A and 5B); rotating, by a rotation mechanism (i.e., connecting component) of the exercise device, the display 50 about an approximately vertical axis A6 from the first rotational position to a second rotational position; translating, by a translation mechanism 60 (see para. [0046]-[0047] and Figs. 5A, 5B) of the exercise device, the display 50 laterally along an approximately horizontal axis from the first translational position to a second translational position (see para. [0046]-[0047] and Figs. 5A, 5B); and operating the exercise device with the display 50 in the second rotational position and the second translational position (see para. [0046]-[0047],[0065])
Regarding claim 21, Chen teaches the method of claim 18, wherein: operating the exercise device with the display 50 in the first rotational position and the first translational position comprises operating the exercise device in accordance with a first exercise activity (see para. [0070]); and operating the exercise device with the display 50 in the second rotational position and the second translational position comprises operating the exercise device in accordance with a second exercise activity (see para. [0070]).
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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chen, as applied to claim 10, in view of Lin et al. (US PG Pub. No. 2012/0046144, Feb. 23, 2012) (herein “Lin”)
Chen teaches the invention as substantially claimed.
Regarding claim 10, Chen is silent in explicitly teaching wherein the rotation mechanism comprises a motor configured to move the housing between a first rotational position and a second rotational position.
Lin, however, in an analogous art teaches a movable base 40 (i.e., such as an arm) connected to a display screen 10 (see para. [0027], and Fig. 6 below), where a motor 50 is drives movement of the display screen 10 by the movable base 40 such that the display screen 10 moves in multiple positions.
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the of the claimed invention to modify the device of Hutchins such that rotation mechanism comprises a motor 50 as taught by Lin which moves the position of the display screen 20 in order to vary a position of the screen during exercise.
References Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rozo et al. (US PG Pub. No. 2022/0016511, filed Jul. 20, 2022) (herein “Rozo”).
Claim Objections
Claims 3-4, 6, 11-12, 14, and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, none of the prior art either alone or in combination teach or suggest the exercise device of claim 2, further comprising: a position controller configured to operate one or more motors of the translation mechanism, the rotation mechanism, or both to move the display between the first translational position, the second translational position, the first rotational position, the second rotational position, or any combination thereof based at least in part on a sensory input obtained via one or more sensors of the exercise device.
Claim 4 depends from claim 3.
Regarding claim 6, none of the prior art either alone or in combination teach or suggest the exercise device of claim 2, further comprising: a pivot mechanism connected to the display and comprising a motor; and an exercise controller connected to the motor and configured to automatically change a tilt of the display.
Regarding claim 11, none of the prior art either alone or in combination teach or suggest the movable console of claim 10, further comprising: a position controller configured to operate one or more motors of the translation mechanism, the rotation mechanism, or both to move the housing between a first translational position, a second translational position, a first rotational position, a second rotational position, or any combination thereof based at least in part on a sensory input obtained via one or more sensors of the exercise device.
Claim 12 depends from claim 11.
Regarding claim 14, none of the prior art either alone or in combination teach or suggest the movable console of claim 13, wherein the pivot mechanism comprises: a motor configured to automatically adjust a tilt of the housing in accordance with an exercise controller of the exercise device.
Regarding claim 19, none of the prior art either alone or in combination teach or suggest the method of claim 18, further comprising: operating, by a position controller of the exercise device, one or more motors of the translation mechanism, the rotation mechanism, or both to move the display between the first translational position, the second translational position, the first rotational position, the second rotational position, or any combination thereof based at least in part on a sensory input obtained via one or more sensors of the exercise device.
Claim 20 depends from claim 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached on (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW S LO/Primary Examiner, Art Unit 3784
