Office Action 4: Notice of Allowance (2025-03-07)

CLAIMS:
AMENDMENTS TO THE CLAIMS

Please amend the claims as follows. The following Listing of the Claims replaces all previous versions

Listing of the Claims

Response dated January 17, 2025

1\. (currently amended) A method for controlling a control interface of an exercise machine during the consumption of multimedia content, the method comprising:providing multimedia content of a personal trainer preparatory to a performance of a set workout program on the exercise machine, configured to be consumed by a user through the control interface of the exercise machine;
associating configuration instructions of the exercise machine with the multimedia content, which can be read by a data processing unit of the exercise machine, synchronized with playing of the multimedia content;
a step of dynamically modifying, via the data processing unit, wherein if an instant of playing time falls within a set time interval provided by the configuration instructions, the control interface is dynamically modified so that it takes a first operating configuration corresponding to a set time interval reached by the multimedia content;
in said first operating configuration, simultaneously showing the user, by the data processing unit, on one lateral side of a display module of the control interface, a first plurality of temporary controls made available by the control interface and enabled to be used by the user through the control interface; and
physically setting, by the data processing unit, the exercise machine based on the first plurality of temporary controls made available by the control interface and selected by the user through Page 2 of 18

the control interface in said first operating configuration;wherein the step of dynamically modifying is performed, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, to modify the control interface so that it assumes a second operating configuration to simultaneously display on the display module a plurality of temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine, each of the temporary controls showing the corresponding value;
wherein the step of dynamically modifying further comprises a step of indicating, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, wherein it is indicated on the display module which of the first plurality of temporary controls representative of values selectable by the user of the at least one first operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content for a phase of the set workout program that the user is performing in the set time interval that the multimedia content is at;
wherein the step of dynamically modifying, based on the configuration instructions read together with the playing of the multimedia content, further comprises recognizing that the value of the at least one first operating parameter that the user has selected is different from the suggested value, and in response to said recognizing, maintaining, by the data processing unit, on said one lateral side of the display module the indication of which of the temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content for that phase of the set workout program;

wherein said exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength exercise machine, or a station for practicing boxing.

2\. (previously presented) The method of claim 1, comprising, at starting playing the multimedia content, a step of dynamically modifying, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, the control interface so that it assumes a third operating configuration to display fixed controls of a plurality of controls made available to the user on the display module of the control interface.

3\. (previously presented) The method of claim 1, wherein the step of dynamically modifying is performed, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, to modify the control interface so that it takes a third operating configuration to display temporary controls representative of initial workout difficulty levels selectable by the user on the display module of the control interface.

4\. (previously presented) The method of claim 3, wherein the step of dynamically modifying further comprises a step of automatically setting, at an end of a time interval corresponding to the third operating configuration, via the data processing unit, wherein if the user has not made any selection, a first initial workout difficulty level will be set automatically.

5\. (previously presented) The method of claim 3, wherein the Page 4 of 18

step of dynamically modifying comprises a step of removing, via the data processing unit, once the initial workout difficulty level has been selected, wherein the temporary controls representative of the initial workout difficulty levels selectable by the user on the display module are removed.

6\. (cancelled)

7\. (cancelled)

8\. (previously presented) The method of claim 1, wherein the step of dynamically modifying is performed, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content to dynamically modify the control interface so that it takes a third operating configuration to display on the display module temporary controls representative of values selectable by the user of a second operating parameter of the exercise machine.

9\. (previously presented) The method of claim 8, wherein the step of dynamically modifying further comprises a step of indicating, by the data processing unit, based on the configuration instructions read together with the playing of the multimedia content, wherein it is indicated on the display module which of the temporary controls representative of values selectable by the user of the second operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content for the phase of the set workout program that the user is performing in the set time interval that the multimedia content is at.

10\. (previously presented) The method of claim 1, wherein, at an Page 5 of 18

end of the time interval corresponding to the second operating configuration, the step of dynamically modifying comprises a step of setting the exercise machine, by the data processing unit, wherein the exercise machine is set as a function of the value of said at least one first operating parameter selected by the user.

11\. (cancelled)

12\. (previously presented) The method of claim 1, wherein the step of dynamically modifying comprises a step of shifting, by the data processing unit, once the value of the at least one first operating parameter has been set, wherein the temporary controls representative of values selectable by the user of the at least one first operating parameter are shifted towards an outside of the display module so that they are partially visible.

13\. (cancelled)

14\. (previously presented) The method of claim 8, wherein the step of dynamically modifying comprises a step of shifting, by the data processing unit, once the value of the second operating parameter has been selected, wherein the temporary controls representative of values selectable by the user of the second operating parameter are shifted towards an outside of the display module at a same time as the temporary controls representative of values selectable by the user of the at least one first operating parameter so that they are partially visible.

15\. (previously presented) The method of claim 14, wherein the step of shifting, by the data processing unit, once the value of the second operating parameter has been selected, wherein the Page 6 of 18

temporary controls representative of values selectable by the user of the second operating parameter are shifted towards the outside of the display module at the same time as the temporary controls representative of values selectable by the user of at least one first operating parameter are shifted so that they are partially visible is executed indicating the set values and/or leaving the respective temporary controls enabled to pressure.

16\. (previously presented) The method of claim 12, wherein the step of dynamically modifying further comprises a step of laterally shifting, by the data processing unit, wherein the temporary controls representative of values selectable by the user of the at least one first operating parameter are laterally shifted towards an inside of the display module enabling them to be pressed, in response to a touch made by the user anywhere on the display module.
17\. (previously presented) The method of claim 14, wherein the step of dynamically modifying further comprises a step of laterally shifting, by the data processing unit, wherein the temporary controls representative of values selectable by the user of the second operating parameter are laterally shifted towards the inside of the display module at the same time as the temporary controls representative of values selectable by the user of the at least one first operating parameter, enabling them to be pressed in response to a touch made by the user anywhere on the display module.

18\. (currently amended) An exercise machine comprising:a data processing unit;
a control interface, operationally connected to the data Page 7 of 18

processing unit, comprising a display module;the data processing unit being configured to perform:
providing multimedia content of a personal trainer preparatory to a performance of a set workout program on the exercise machine, configured to be consumed by a user through the control interface of the exercise machine;
associating configuration instructions of the exercise machine with the multimedia content, which can be read by a data processing unit of the exercise machine, synchronized with playing of the multimedia content;
a step of dynamically modifying, via the data processing unit, wherein if an instant of playing time falls within a set time interval provided by the configuration instructions, the control interface is dynamically modified so that it takes a first operating configuration corresponding to a set time interval reached by the multimedia content;
in said first operating configuration, simultaneously showing the user, by the data processing unit, on one lateral side of a display module of the control interface, a first plurality of temporary controls made available by the control interface and enabled to be used by the user through the control interface; and
physically setting, by the data processing unit, the exercise machine based on the first plurality of temporary controls made available by the control interface and selected by the user through the control interface in said first operating configuration;
wherein the step of dynamically modifying is performed, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, to modify the control interface so that it assumes a second operating configuration to simultaneously display on the display module a plurality of temporary controls Page 8 of 18

representative of values selectable by the user of at least one first operating parameter of the exercise machine, each of the temporary controls showing the corresponding value; andwherein the step of dynamically modifying further comprises a step of indicating, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, wherein it is indicated on the display module which of the first plurality of temporary controls representative of values selectable by the user of the at least one first operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content for a phase of the set workout program that the user is performing in the set time interval that the multimedia content is at;
wherein the step of dynamically modifying, based on the configuration instructions read together with the playing of the multimedia content, further comprises recognizing that the value of the at least one first operating parameter that the user has selected is different from the suggested value, and in response to said recognizing, maintaining, by the data processing unit, on said one lateral side of the display module the indication of which of the temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content for that phase of the set workout program;
wherein said exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength exercise machine, or a station for practicing boxing.

19\. (previously presented) The exercise machine of claim 18, wherein said at least one first operating parameter comprises:speed and/or slope of said treadmill;

resistance of said bike or exercise bike;
resistance of said rowing machine;
resistance of said indoor cycling machine; or resistance of said strength exercise machine.

20\. (cancelled)

21\. (previously presented) The method of claim 1, wherein the values selectable by the user of the at least one first operating parameter of the exercise machine are a function of an initial workout difficulty level selected by the user.

22\. (previously presented) The method of claim 1, wherein which of the temporary controls representative of values selectable by the user of the at least one first operating parameter of the exercise machine is suggested is a function of an initial workout difficulty level selected by the user.

23\. (cancelled)

24\. (previously presented) The method of claim 1, wherein after an interval in which the user can select one of said values, if a value has not been selected, the value of the at least one first operating parameter suggested by the personal trainer is automatically selected.

25\. (previously presented) The method of claim 1, wherein it is indicated by one or more arrows on the display module which of the temporary controls representative of values selectable by the user of the at least one first operating parameter of the exercise machine is suggested by the personal trainer in the multimedia Page 10 of 18

Office Action dated September 27, 2024 Response dated January 17, 2025 content for a phase of the set workout program that the user is performing in the set time interval that the multimedia content is at.

OFFICE ACTION:
EXAMINER'S AMENDMENT
An examiner’s amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.
Authorization for this examiner’s amendment was given in an interview with Corey Donaldson on 02/06/2025.
The application has been amended as follows:
Claim 1 has been amended as follows:
On line 56, “program;” has been amended to ---program; wherein the step of dynamically modifying further comprises a step of automatically setting, at an end of a time interval corresponding to the third operating configuration, via the data processing unit, wherein if the user has not made any selection, a first initial workout difficulty level will be set automatically and a step of automatically setting, at an end of a time interval corresponding to the third operating configuration, via the data processing unit, wherein if the user has not made any selection, a first initial workout difficulty level will be set automatically;---
Claims 3-4 has been cancelled.
Claim 5 has been amended as follows:
On line 1, “claim 3” has been amended to ---claim 1---
Claim 18 has been amended as follows:
On line 58, “program;” has been amended to ---program; wherein the step of dynamically modifying further comprises a step of automatically setting, at an end of a time interval corresponding to the third operating configuration, via the data processing unit, wherein if the user has not made any selection, a first initial workout difficulty level will be set automatically and a step of automatically setting, at an end of a time interval corresponding to the third operating configuration, via the data processing unit, wherein if the user has not made any selection, a first initial workout difficulty level will be set automatically;---
Examiner’s note
The amendments submitted on 01/17/2025 were sufficient to overcome  the prior art of record. However, the amendments were not sufficient in overcoming the 35 USC 101 rejections. Claim 4 was determined to be allowable, as claim 4 has the AI system controlling the machine when the user does not make a selection; in other words, the control of the device is tied to the decision making of the abstract idea.
Conclusion

APPLICANT REBUTTAL: REMARKS AND ARGUMENTS
Examiner Interview of January 14, 2025
On January 14, 2025, Attorney for Applicant Corey Donaldson and  Primary Examiner Megan Anderson
conducted a telephonic
interview regarding the outstanding Office Action. The parties tentatively agreed that the amendments to claim 1 submitted herewith overcame the rejection under 35 U.S.C. § 103. Regarding the § 101 rejection, the parties agreed for Applicant to formally submit its arguments.
Amendments in General
Claims 20 and 23 have been cancelled. Claim 1 has been amended to further define the subject matter therein, and is supported at least  by
FIGs.  4a-5e  and  accompanying  portions  of  the
specification, including but not limited to paragraphs [0133] and [0247] of U.S. Pub. No. 2021/0387073 (to which all following paragraph numbers refer). Similar amendments have been made to claim 18. No new matter has been added.
Claim Rejections - 35 U.S.C. § 112(b)
The Office has rejected 20 and 23 under 35 U.S.C. § 112 as lacking support from the original disclosure. While Applicant disagrees, these claims have been cancelled. As such, Applicant submits that the rejection is moot and requests the withdrawal of the rejection.
Claim Rejections - 35 U.S.C. § 103
Claims 1-5, 8-10, 12, 14-19, 21-23, and 25 have been rejected under 35 U.S.C. § 103 as being obvious over U.S. Pub. No. 2019/0336827 to Intonato et al. (hereinafter "Intonato") in view of U.S. Pub. No. 2019/0111318 to Evancha et al. (hereinafter "Evancha") . Claim 24 has been rejected as being obvious over Intonato and Evancha, further in view of U.S. Pub. No. 2019/0111318 to Flynt et al. (hereinafter "Flynt").
Claims 1 and 18 are independent claims from which all other claims depend, and as such the below arguments will focus upon these claims.
Independent Claim 1
Claim 1 has been rejected as being obvious over Intonato in view of Evancha. While Applicant does not necessarily agree, claim 1 has been amended to further define the subject matter therein. Namely, claim now 1 recites a method:
wherein the step of dynamically modifying, based on the configuration  instructions  read  together  with   the playing of the multimedia content, further comprises recognizing that the value of the at least one first operating parameter that the user has selected is different from the suggested value, and in response to said recognizing, maintaining, by the data processing unit, on said one lateral side of the display module the indication   of  which   of  the   temporary   controls representative of values selectable by the user of at least one first operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content for that phase of the set workout
program
As discussed and tentatively agreed during the Examiner Interview of January 14, 2025, Applicant submits that none of the prior art, including but not limited to Intonato and Evancha, whether taken individually or as a combination, discloses or suggests the method of amended claim 1. As such, Applicant requests the withdrawal of the rejection.
Dependent Claims 2-4, 7-12, 14-17, 21, 22, 24, and 25
Each of dependent claims 2-4, 7-12, 14-17, 21, 22, 24, and 25 depends from allowable independent claim 1. As such, each of these claims is also non-obvious and allowable.
Independent Claim 18
While different than independent claim 1, independent claim 18 contains similar limitations for which similar arguments apply. As such, Applicant submits that claim 18 is also non-obvious and allowable.
Dependent Claim 19
Dependent claim 19 depends from allowable independent claim 18. As such, this claim is also non-obvious and allowable.
Claim Rejections - 35 U.S.C. § 101
Claims 1-5, 8-10, 12, 14-19, 21, 22, 24, and 25 have been rejected under 35 U.S.C. § 101 as being directed to a judicial exception, and more specifically, directed to an abstract idea. Applicant respectfully disagrees and requests that the Office reconsider, at least on the ground that the claims are integrated into a practical application under Step 2A, Prong 2 of the analysis.
Step 2A, Prong 2
Step 2A, Prong 2 asks whether the claim recites an additional element that integrates the judicial exception into a practical application. The Office argues on pages 10-11 of the Office Action
that the claim elements do not "serve to apply the above-identified abstract idea with, or by use of, a particular machine." The Office further argues that the claims "do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer." But this is not the case.
Claims 1 and 18 explicitly recite an exercise machine, which is not a generic computer component. Numerous claim limitations are  exercise-specific,  such  as values    of  exercise  machine operating parameters, and suggestions of the multimedia content personal trainer. The claim provides exercisers with various options for their workout via a display module, including suggested options; and the recited exercise machine's settings are modified based on user selections. Moreover, claims 1 and 18 require "physically setting, by the data processing unit, the exercise machine based on the temporary controls made available by the control interface and selected by the user through the control interface in said first operating configuration." The settings of the exercise machine are being physically altered by selections made by a user. This is a practical application.
MPEP § 2106.05 (b) is directly on point. In the Eibel Process case, a natural law that "was applied by a Fourdrinier machine (which was understood in the art to have a specific structure comprising a headbox, a paper-making wire, and a series of rolls)" was found to be eligible. Here, the claims require the components of an exercise machine as would be understood by one of skill in the art.
Beyond the MPEP, additional guidance from the USPTO supports the eligibility of the claims. The following are some of the similar examples from the Patent Subject Matter Eligibility Guidance ("PEG") where claims were found to be eligible:
" PEG Example 4, where mathematical operations were recited in
combination with a mobile device including a GPS receiver, wireless transceiver, and display, and the claim was found to
be eligible.
" PEG Example 23, where a claim reciting relocating obscured
text, and reciting an ordered combination that improved the
functioning of a display, was found to be eligible.
" PEG Example 37, where a claim reciting reorganization of icons
on a display based on frequency of use was found to be
eligible.
By way of example only PEG Example 37 supports eligibility under Step 2A, Prong 2 - Relocation of Icons on a Graphical User Interface. In that example, icons are rearranged on a graphical user interface (GUI) such that the most used icons are nearest the "start" icon of the computer system. There, the claim is eligible because "[t]he claim as a whole integrates the mental process into a practical application. Specifically, the additional elements recite a specific manner of automatically displaying icons to the user based on usage which provides a specific improvement over prior systems, resulting in an improved user interface for electronic devices." Such is the case here-indeed, the recited claim limitations are an even more concrete practical application than that of Example 37. As described above, the claimed method uses the exercise machine components to provide, through a display interface, an improved and enhanced experience. As such, any
judicial exception is integrated into a practical application such that the claims are eligible.
Moreover, claim 18 recites that the "exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength exercise machine, or a station for practicing boxing." These are concrete, practical machines for use by exercisers.
For at least the above reasons, Applicant submits that the claims meet Step 2A, Prong 2 of the analysis, and requests the withdrawal of the rejection.
CONCLUSION