Office Action 1: Non-Final Rejection (2023-07-20)
Rejection types: 101 - Patent-Eligible Subject Matter, 102 - Lack of Novelty, 103 - Obviousness, 112 - Written Description/Enablement

CLAIMS:
WHAT IS CLAIMED IS:

1\. A method for controlling a control interface of an exercise machine during the enjoy of a multimedia content, the method comprising:
providing a multimedia content of a personal trainer preparatory to performing a set workout program on the exercise machine, which can be enjoyed by a user through a 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; during the enjoy of the multimedia content, if an instant of playing time falls within a set time interval provided by the configuration instructions of the exercise machine, dynamically modifying, by the data processing unit of the exercise machine, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedPia content, in said respective operating configuration, showing the user, by the data processing unit on a display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration; and
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 respective operating configuration.

2\. 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 respective 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\. 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 respective 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\. The method of claim 3, wherein the step of dynamically modifying further comprises a step of automatically setting, at the end of a time interval corresponding to the operating configuration in which the user can select an initial workout difficulty level, by the data processing unit, if the user has not made any selection, a first initial workout difficulty level.
5\. The method of claim 3, wherein the step of dynamically modifying comprises a step of removing, by the data processing unit, once the initial workout difficulty level has been set, the temporary controls representative of initial workout difficulty levels selectable by the user on the display module.

6\. 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 assumes a respective operating configuration to display on the display module temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine.

7\. The method of claim 6, wherein the step of dynamically modifying further comprises a step of indicating on the display module, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, 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 a phase of the set workout program that the user is performing in the set time interval that the multimedia content is at.
8\. The method of claim 6, 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 respective 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\. The method of claim 8, wherein the step of dynamically modifying further comprises a step of indicating on the display module, by the data processing unit, based on the configuration instructions read together with the playing of the multimedia content, which of the temporary controls representative of values selectable by the user of a 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\. The method of claim 6, wherein, at the end of the time interval corresponding to the operating configuration in which the user can select a value of said at least one first operating parameter, the step of dynamically modifying comprises a step of setting, by the data processing unit, the exercise machine as a function of the value of said at least one first operating parameter selected by the user.
11\. The method of claim 8, wherein, at the end of the time interval corresponding to the operating configuration in which the user can select a value of the second operating parameter, the step of dynamically modifying further comprises a step of setting, by the data processing unit, the exercise machine as a function of the value of the second operating parameter selected by the user.

12\. The method of claim 6, 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, the temporary controls representative of values selectable by the user of at least one first operating parameter towards outside of the display module so that they are partially visible.

13\. The method of claim 12, wherein the step of shifting, by the data processing unit, once the value of the at least one first operating parameter has been set, the temporary controls representative of values selectable by the user of at least one first operating parameter towards outside of the display module so that they are partially visible is performed by indicating the set value and/or leaving respective temporary controls enabled to pressure.
14\. 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 set, the temporary controls representative of values selectable by the user of a second operating parameter towards outside of the display module at a same time as the temporary controls representative of values selectable by the user of at least one first operating parameter so that they are partially visible.

15\. 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 set, the temporary controls representative of values selectable by the user of a second operating parameter towards 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 so that they are partially visible is executed indicating the set values and/or leaving the respective temporary controls enabled to pressure.

16\. The method of claim 12, wherein the step of dynamically modifying further comprises a step of laterally shifting, by the data processing unit, the temporary controls representative of values selectable by the user of at least one first operating parameter towards 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\. The method of claim 14, wherein the step of dynamically modifying further comprises a step of laterally shifting, by the data processing unit, the temporary controls representative of values selectable by the user of a second operating parameter towards inside 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, enabling them to be pressed in response to a touch made by the user anywhere on the display module.
18\. An exercise machine comprising:
a data processing unit;
a control interface, operationally connected to the data processing unit, comprising a display module;
the data processing unit being configured to perform a method comprising:
providing a multimedia content of a personal trainer preparatory to performing a set workout program on the exercise machine, which can be enjoyed 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 the data processing unit of the exercise machine, synchronized with playing of the multimedia content;
during the enjoy of the multimedia content, if an instant of playing time falls within a set time interval provided by the configuration instructions of the exercise machine, dynamically modifying, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content, in said respective operating configuration, showing the user, on the display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration; and
setting 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 respective operating configuration. 59 60 61 62 63 64 65

OFFICE ACTION:
DETAILED ACTION
This is the first Office action on the merits based on the 17/342,287 application filed on 06/08/2021. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The effective filing date of the present application is 06/12/2020. Claims 1-18, as originally filed, are currently pending and considered below.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06/08/2021 and 11/15/2021 are in compliance with the provisions of 37 CFR 1.97.  Accordingly, the information disclosure statements have been considered by the examiner.
Priority
Acknowledgement is made of applicant’s claim for foreign priority to IT102020000014092 filed 06/12/2020. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The title must be amended to avoid improper language of “during the enjoy of a multimedia content” and as such, the following title, or variation thereof, is suggested: Method for Controlling a Control Interface of an Exercise Machine During the Consumption of Multimedia Content and Related Machine
The abstract of the disclosure is objected to because of the following informalities:
Line 2: “during the enjoy of a multimedia content” should read --during the enjoyment of multimedia content-- or --during the consumption of multimedia content--.
Line 3: “providing a multimedia content” should read --providing multimedia content--.
Line 9: “during the enjoy of the” should read --during the enjoyment of the-- or --during the consumption of the--.
The abstract of the disclosure is of undue length and is a run-on sentence. The abstract should be within the range of 50 to 150 words in length, and should not exceed 15 lines of text. The abstract should also be in proper narrative form and thus should not be one long sentence.
Correction is required.  See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc.  In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The disclosure is objected to because of the following informalities:
Page 1, line 3 of ‘Field of the Invention’ paragraph: “during the enjoy of a” should read --during the enjoyment of-- or --during the consumption of--.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Appropriate correction is required.
Claim Objections
Claims 1, 5, 7, 9, and 12-18 are objected to because of the following informalities:
Claim 1, line 2: “during the enjoy of a multimedia content” should read --during the consumption of multimedia content--.
Claim 1, lines 4-6: “providing a multimedia content of a personal trainer preparatory to performing a set workout program on the exercise machine, which can be enjoyed by a user” should read --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-- or something of the like to improve the phrasing of the preparatory in relation to the set workout program.
Claim 1, line 7: “a control interface” should read --the control interface-- as it was introduced in claim 1, line 1.
Claim 1, line 12: “during the enjoy of the” should read --during the consumption of the--.
Claim 1, line 20: “multimedPia” should read --multimedia--.
Claim 5, lines 4-5: “representative of initial workout difficulty levels selectable” should read -- representative of the initial workout difficulty levels selectable-- as “initial workout difficulty levels” was introduced earlier in claim 3, lines 7-8.
Claim 7, lines 7-8: “of at least one first operating parameter” should read --of the at least one first operating parameter-- or --of said at least one operating parameter-- as “at least one operating parameter” was first introduced in claim 6, lines 8-9.
Claim 9, lines 6-7: “or a second operating parameter” should read --of the second operating parameter-- as the “second operating parameter” was first introduced in claim 8, lines 8-9.
Claim 12, lines 5-6: “of at least one first operating parameter” should read --of the at least one first operating parameter-- or --of said at least one operating parameter-- as “at least one operating parameter” was first introduced in claim 6, lines 8-9.
Claim 12, lines 6-7: “parameter towards outside of the display module” should read --parameter towards an outside of the display module--.
Claim 13, line 5: “of at least one first operating parameter” should read --of the at least one first operating parameter-- or --of said at least one operating parameter-- as “at least one operating parameter” was first introduced in claim 6, lines 8-9.
Claim 13, lines 5-6: “parameter towards outside of the display module” should read --parameter towards the outside of the display module--. Note: this is contingent on the language of claim 12, lines 6-7 being addressed as “an outside of the display module” so that usage of --the-- will be proper.
Claim 14, lines 5-6: “of a second operating parameter” should read --of the second operating parameter-- as the “second operating parameter” was first introduced in claim 8, lines 8-9.
Claim 14, line 6: “parameter towards outside of the display module” should read --parameter towards an outside of the display module--.
Claim 14, lines 8-9: “of at least one first operating parameter” should read --of the at least one first operating parameter-- or --of said at least one operating parameter-- as “at least one operating parameter” was first introduced in claim 6, lines 8-9.
Claim 15, lines 4-5: “of a second operating parameter” should read --of the second operating parameter-- as the “second operating parameter” was first introduced in claim 8, lines 8-9.
Claim 15, line 5: “parameter towards outside of the display module” should read --parameter towards the outside of the display module--. Note: this is contingent on the language of claim 14, line 6 being addressed as “an outside of the display module” so that usage of --the-- will be proper.
Claim 16, lines 4-5: “of at least one first operating parameter” should read --of the at least one first operating parameter-- or --of said at least one operating parameter-- as “at least one operating parameter” was first introduced in claim 6, lines 8-9.
Claim 16, lines 5-6: “parameter towards outside of the display module” should read --parameter towards an outside of the display module--.
Claim 17, lines 4-5: “of a second operating parameter” should read --of the second operating parameter-- as the “second operating parameter” was first introduced in claim 8, lines 8-9.
Claim 17, line 5: “parameter towards outside of the display module” should read --parameter towards the outside of the display module--. Note: this is contingent on the language of claim 14, line 6 being addressed as “an outside of the display module” so that usage of --the-- will be proper.
Claim 17, lines 7-6: “of at least one first operating parameter” should read --of the at least one first operating parameter-- or --of said at least one operating parameter-- as “at least one operating parameter” was first introduced in claim 6, lines 8-9.
Claim 18, line 7-9: “providing a multimedia content of a personal trainer preparatory to performing a set workout program on the exercise machine, configured to be consumed by a user” should read --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--.
Claim 18, line 15: “during the enjoy of the multimedia content” should read --during the consumption of the multimedia content--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b)  CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 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 1 is unclear as it includes redundancy and appears to include grammatical and idiomatic errors. For example, paragraph 5 recites “in said respective operating configuration, showing the user, by the data processing unit on a display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration” in lines 21-26 of claim 1. This paragraph is redundant as the situation is already being defined as “in said respective operating configuration” and thus doesn’t need to be repeated again at the end.
Further, paragraph 4 of claim 1 is unclear as phrasing of “if an instant of playing time falls within a set time interval provided by the configuration instructions of the exercise machine, dynamically modifying, by the data processing unit of the exercise machine, based on the configurations instructions of the exercise machine,” makes it difficult to track what is being modified by the time that section is reached. It would be beneficial to rewrite the claims in a way that still addresses the structure of the method the applicant wants to convey, while also keeping the claims succinct so that the structure does not impede the ability to follow the various steps. For example, by phrasing claims in a way that once an element is defined as being in relation to another element (i.e. wherein dynamically modifying is via the data processing unit) that relationship is known to carry through the scenarios. Determining that sort of phrasing can limit the need to constantly repeat and will make it easier to follow the new elements of the element being introduced in each claim portion.
Overall, it seems elements of claim 1 are able to be understood, but does not follow the current U.S. practice of phrasing the claim, and that some portions of the claim could be more succinct to make the claim set easier to understand and follow.
Claims 2-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of their dependency on claim 1, which is rejected under 35 U.S.C. 112(b) of 35 U.S.C. 112 (pre-AIA ), second paragraph, see above.
Claim 3 recites “the step of dynamically modifying” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is suggested it read --a step of dynamically modifying--.
Claims 4 & 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of their dependency on claim 3, which is rejected under 35 U.S.C. 112(b) of 35 U.S.C. 112 (pre-AIA ), second paragraph, see above.
Claim 4 recites “the step of dynamically modifying” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is suggested it read --a step of dynamically modifying--. Note: if claim 3, lines 1-2 is amended as suggested above, it will give proper antecedent basis to this claim and will render this rejection moot.
Claim 4 recites “at the end of a time interval” in line 3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to read --at an end of a time interval--.
Claim 4 recites “a step of automatically setting” in lines 2-3, and later “if the user has not made any selection, a first initial workout difficulty level” in lines 6-7. It is unclear if “automatically setting” is the defining phrase for said specific step, or if “automatically setting” is the action that is intended to be happening. For purposes of examination, the Office interprets that “a step of automatically setting” is more of a statement of what the claim is rather than “automatically setting” being a useable verb in this instance. This logic is taken from claim 3 for example, wherein “a step of dynamically modifying” in lines 1-2 still needed to be followed with the action of “to modify” in line 5. Having an action after the description of “at the end of a time interval corresponding to the operating configuration in which the user can select an initial workout difficulty level, by the data processing unit” (claim 4, lines 3-6) rather than before also makes it easier to follow. Therefore, it is suggested to modify the language of “if the user has not made any selection, a first initial workout difficulty level” of lines 6-7 to read --wherein if the user has not made any selection, a first initial workout difficulty level will be set automatically--. Or something of the like added to the end of the claim to complete the phrase and action of what happened.
Claim 5 recites “the step of dynamically modifying” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is suggested it read --a step of dynamically modifying--. Note: if claim 3, lines 1-2 is amended as suggested above, it will give proper antecedent basis to this claim and will render this rejection moot.
Claim 5 recites “a step of removing” in line 2, and later “the temporary controls representative of initial workout difficulty levels selectable by the user on the display module” in lines 4-6. Similar to the reasoning of claim 4, it is unclear whether “a step of removing” is defining the step, or if “removing” is the action that is intended to be happening during a step. The Office interprets that “a step of removing” defines the step, and that an action is still needed, see claim 4 above and the interpretation in relation to claim 3 for the Office’s understanding. Therefore, it is suggested to modify the language “the temporary controls representative of initial workout difficulty levels selectable by the user on the display module” of lines 4-6 to read --wherein the temporary controls representative of initial workout difficulty levels selectable by the user on the display module are removed--. Or something of the like added to the end of the claim to complete the phrase and action of what happened.
Claim 6 recites “the step of dynamically modifying” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the claim so it reads --a step of dynamically modifying--. See also claims 7-9, 12, 14, and 16-17 below which includes the same limitation.
Claims 7-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of their dependency on claim 6, which is rejected under 35 U.S.C. 112(b) of 35 U.S.C. 112 (pre-AIA ), second paragraph, see above.
Claims 7-9, 12, 14, and 16-17, lines 1-2, claim 10, lines 4-5, and claim 11, line 4, recite the limitation “the step of dynamically modifying”. There is insufficient antecedent basis for this limitation in the claim. Note: if claim 6 were to be amended as suggested, it would give these claims proper antecedent basis and this rejection would be moot.
Claim 7 recites “a step of indicating on the display module” in lines 1-2 and “which of the temporary controls … is suggested by the personal trainer” in lines 5-9. This is again similar to claims 4 and 5, see above, wherein it is unclear if “a step of indicating” is defining the step, or if “indicating” is the action that is intended to be happening during a step. To remain consistent with the phrasing of other claims, the Office interprets “a step of indicating” is defining the step, with the same reasoning as previously described. As such, it is suggested to amend “a step of indicating on the display module” in lines 1-2 to read --a step of indicating,-- and “which of the temporary controls” in lines 5-6 to read --wherein it is indicated on the display module which of the temporary controls--, or something of the like.
Claim 9 recites “a step of indicating on the display module” in lines 1-2 and “which of the temporary controls … is suggested by the personal trainer” in lines 5-8. This is akin to claim 7, see above, wherein it is unclear if “a step of indicating” is defining the step, or if “indicating” is the action that is intended to be happening during a step. To remain consistent with the phrasing of other claims, the Office interprets “a step of indicating” is defining the step, with the same reasoning as previously described. As such, it is suggested to amend “a step of indicating on the display module” in lines 1-2 to read --a step of indicating,-- and “which of the temporary controls” in lines 5-6 to read --wherein it is indicated on the display module which of the temporary controls--, or something of the like.
Claim 10 recites “at the end of the time interval” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend to read --at an end of a time interval--.
Claim 10 recites “a step of setting, by the data processing unit, the exercise machine as a function of the value of said at least one first operating parameter selected by the user” in lines 5-8. It is unclear, similar to the discussion of claims 4, 5, 7, and 9, see above, whether “a step of setting” is to describe the step, or if “setting” is an action. To remain consistent with the phrasing of other claims, the Office interprets “a step of setting” is defining the step, with the same reasoning as previously described. As such, it is suggested to amend the phrase to include the action of setting into the claim (wherein if applicant follows the phrasing of previous suggestions, it would be included somewhere after “by the data processing unit,”).
Claim 11 recites “at the end of the time interval” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend to read --at an end of a time interval--.
Claim 11 recites “a step of setting, by the data processing unit, the exercise machine as a function of the value of said at least one first operating parameter selected by the user” in lines 5-8. It is unclear, similar to the discussion of claim 10, see above, whether “a step of setting” is to describe the step, or if “setting” is an action. To remain consistent with the phrasing of other claims, the Office interprets “a step of setting” is defining the step, with the same reasoning as previously described. As such, it is suggested to amend the phrase to include the action of setting into the claim (wherein if applicant follows the phrasing of previous suggestions, it would be included somewhere after “by the data processing unit,”).
Claim 12 recites “a step of shifting” in line 2. It is unclear, similar to the discussion of prior claims in relation to “a step”, see above, whether “a step of shifting” is to describe the step, or if “shifting” is an action. To remain consistent with the phrasing of other claims, the Office interprets “a step of shifting” as defining the step. As such, it is suggested to amend the claim to include the action of shifting into the claim, such as --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 said at least one first operating parameter are shifted towards an outside of the display module so that they are partially visible” or something of the like so that the action of shifting is near the item being shifted for clarity.
Claims 13 & 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of their dependency on claim 12, which is rejected under 35 U.S.C. 112(b) of 35 U.S.C. 112 (pre-AIA ), second paragraph, see above.
Claim 13 recites “the step of shifting” in line 1. This is unclear for the same reasoning as claim 12, to which this claim is dependent. It is suggested to amend the claim to include the action of “shifting” which would further clarify what is being shifted. It is assumed by the Office that “the temporary controls representative of values selectable by the user of at least one first operating parameter” is what is being shifted. Alternatively, this claim could be shortened so that it doesn’t repeat limitations of claim 12 that were encompassed as part of “the step of shifting” as lines 7-8 of claim 13 is the new limitation being introduced for the condition of “once the value of the at least one first operating parameter has been set” of lines 2-3, whereas the rest of the claim has already been described as part of “the step of shifting” as taught in claim 12.
Claim 13 further recites “once the value of the at least one first operating parameter has been set” in lines 2-3. It is unclear if the parameter being set means that the user has selected a value, or if the exercise machine has been set to a certain configuration based on the parameter. For purposes of examination, the Office assumes the former, wherein a user has selected a parameter, and suggests amending the language so it’s clear, such as using --selected-- as opposed to set. If applicant intends the latter, then adjustment of the machine needs to be described.
Claim 14 recites “a step of shifting” in line 2. It is unclear, similar to the discussion of prior claims in relation to “a step”, see above, whether “a step of shifting” is to describe the step, or if “shifting” is an action. To remain consistent with the phrasing of other claims, the Office interprets “a step of shifting” as defining the step, but that it is intended to include an action later in the claim of shifting. As such, it is suggested to amend the claim to include the action of shifting into the claim, such as --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 set, wherein the temporary controls representative of values selectable by the user of the second operating parameter is shifted towards an outside of the display module” or something of the like so that the action of shifting is near the item being shifted for clarity.
Also, regarding claim 14, further recites “once the value of the second operating parameter has been set” in lines 3-4. It is unclear if the parameter being set means that the user has selected a value, or if the exercise machine has been set to a certain configuration based on the parameter. For purposes of examination, the Office assumes the former, wherein a user has selected a parameter, and suggests amending the language so it’s clear, such as using --selected-- as opposed to set. If applicant intends the latter, then adjustment of the machine needs to be described.
Further regarding claim 14, lines 7-9, as a result of “a step of shifting” language (line 2) addressed above in this claim, it is unclear if the at least one first operating parameter is also being shifted as the at least one first operating parameters movement has not been discussed in this sequence of claims. The Office interprets that both the first and second parameter are intended to shift towards an outside of the display module at the same time once the second operating parameter has been selected. To make it clear what the first operating parameter is expected to do, it would be ideal to include that it is also enacting an action of shifting or being shifted, such as amending line 9 to read --operating parameter is shifted so that they are partially visible--, or adjust lines 4-9 phrasing such as --wherein the temporary controls representative of values selectable by the user of the second operating parameter and the at least one first operating parameter are shifted at the same time towards an outside of the display module so that they are both partially visible--.
Claims 15 & 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of their dependency on claim 14, which is rejected under 35 U.S.C. 112(b) of 35 U.S.C. 112 (pre-AIA ), second paragraph, see above.
Claim 15 recites “the step of shifting” in line 1. This is unclear for the same reasoning as claim 14, to which this claim is dependent. It is suggested to amend the claim to include the action of “shifting” which would further clarify what is being shifted. It is assumed by the Office that “the temporary controls representative of values selectable by the user” of both the second and the at least one first operating parameter, see claim 14 above, is what is being shifted. Alternatively, this claim could be shortened so that it doesn’t repeat limitations of claim 14 that were encompassed as part of “the step of shifting” as lines 8-10 of claim 15 is the new limitation being introduced for the condition of “once the value of the second operating parameter has been set” of lines 2-3, whereas the rest of the claim has already been described as part of “the step of shifting” as taught in claim 14.
Claim 15 further recites “once the value of the second operating parameter has been set” in lines 2-3. It is unclear if the parameter being set means that the user has selected a value, or if the exercise machine has been set to a certain configuration based on the parameter. For purposes of examination, the Office assumes the former, wherein a user has selected a parameter, and suggests amending the language so it’s clear, such as using --selected-- as opposed to set. If applicant intends the latter, then adjustment of the machine needs to be described.
Claim 16 recites “a step of laterally shifting” in line 2. It is unclear, similar to the discussion of prior claims in relation to “a step”, see above, whether “a step of laterally shifting” is to describe the step, or if “laterally shifting” is an action. To remain consistent with the phrasing of other claims, the Office interprets “a step of laterally shifting” as defining the step, but that it is intended to include an action later in the claim wherein shifting occurs. As such, it is suggested to amend the claim to include the action of laterally shifting into the claim. See previous claim rejections above for potential examples of formatting the claim.
Claim 17 recites “a step of laterally shifting” in line 2. It is unclear, similar to the discussion of prior claims in relation to “a step”, see above, whether “a step of laterally shifting” is to describe the step, or if “laterally shifting” is an action. To remain consistent with the phrasing of other claims, the Office interprets “a step of laterally shifting” as defining the step, but that it is intended to include an action later in the claim wherein shifting occurs. As such, it is suggested to amend the claim to include the action of laterally shifting into the claim. See previous claim rejections above for potential examples of formatting the claim.
Further regarding claim 17, lines 6-8, as a result of “a step of laterally shifting” language (line 2) addressed above in this claim, it is unclear if the at least one first operating parameter is also being laterally shifted towards an inside of the display module. The Office interprets that both the first and second parameter are intended to shift towards an outside of the display module at the same time in response to a touch made on the display module. To make it clear what the first operating parameter is expected to do, it would be ideal to include that it is also enacting an action of laterally shifting or being laterally shifted, see the similar rejection discussion above in claim 14 for potential phrasing/formatting suggestions.
Claim 18 is unclear as it includes redundancy and appears to include grammatical and idiomatic errors, similar to claim 1. For example, the phrasing of lines 15-22 “during the enjoy of the multimedia content, if an instant of playing time falls within a set time interval provided by the configuration instructions of the exercise machine, dynamically modifying, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content”  makes it difficult to track what is being modified by the time that section is reached and is also repetitive in regards to “the configuration instructions of the exercise machine” and time. It would be beneficial to rewrite the claims in a way that still addresses the structure of the method the applicant wants to convey, while also keeping the claims succinct so that the structure does not impede the ability to follow the various steps. For example, by phrasing claims in a way that once an element is defined as being in relation to another element (i.e. wherein dynamically modifying is via the data processing unit) that relationship is known to carry through the scenarios. Determining that sort of phrasing can limit the need to constantly repeat and will make it easier to follow the new elements of the element being introduced in each claim portion.
Overall, it seems elements of claim 18 are able to be understood, but does not follow the current U.S. practice of phrasing the claim, and that some portions of the claim could be more succinct to make the claim set easier to understand and follow.
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.
Claims 1 to 18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Each of Claims 1 to 18 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1
Each of Claims 1 to 18 recites at least one step or instruction for observing, judging or evaluation data, which is grouped as a mental process under the 2019 PEG or a certain method of organizing human activity under the 2019 PEG. Accordingly, each of Claims 1 to 18 recites an abstract idea.
Specifically, Claim 1 recites a method comprising:
providing a multimedia content of a personal trainer preparatory to performing a set workout program on the exercise machine, which can be enjoyed by a user through the control interface of the exercise machine (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG);
associating configuration instructions of the exercise machine with the multimedia content, which can be read by the data processing unit of the exercise machine, synchronized with playing of the multimedia content (judgement or evaluation, which is grouped as a mental process under 2019 PEG);
during the enjoy of the multimedia content, if an instant of playing time falls within a set time interval provided by the configuration instructions of the exercise machine, dynamically modifying, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG),
in said respective operating configuration, showing the user, on the display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG); and
setting 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 respective operating configuration (judgement or evaluation, which is grouped as a mental process under 2019 PEG).
Claim 18 recites an exercise machine comprising:
a data processing unit (additional element);
a control interface, operationally connected to the data processing unit, comprising a display module (additional element);
the data processing unit (additional element) being configured to perform a method comprising:
providing a multimedia content of a personal trainer preparatory to performing a set workout program on the exercise machine, which can be enjoyed by a user through the control interface of the exercise machine (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG);
associating configuration instructions of the exercise machine with the multimedia content, which can be read by the data processing unit of the exercise machine, synchronized with playing of the multimedia content (judgement or evaluation, which is grouped as a mental process under 2019 PEG);
during the enjoy of the multimedia content, if an instant of playing time falls within a set time interval provided by the configuration instructions of the exercise machine, dynamically modifying, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG),
in said respective operating configuration, showing the user, on the display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG); and
setting 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 respective operating configuration (judgement or evaluation, which is grouped as a mental process under 2019 PEG).
Accordingly, as indicated above, each of the above-identified claims recites an abstract idea.
Further, dependent Claims 2 to 17 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Step 2A, Prong 2
The above-identified abstract idea in each of independent Claims 1 and 18 (and their respective dependent Claims 2 to 17) is not integrated into a practical application under 2019 PEG because the additional elements (identified above in independent Claims 1 and 18), either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use.  More specifically, each of Claims 1 to 17 recites no additional elements and Claim 18 recites the additional elements of: a data processing unit and a control interface that is operationally connected to the data processing unit and includes a display module. These additional elements are generically recited computer elements in independent Claim 18 which do not improve the functioning of a computer, or any other technology or technical field.  Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.  Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer.  For at least these reasons, the abstract idea identified above in independent Claims 1 and 18 (and their respective dependent claims) is not integrated into a practical application under 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under 2019 PEG because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process and certain method of organizing human activity) using rules (e.g., computer instructions) executed by a computer (e.g., data processing unit as claimed).  In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer.  Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims.  That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.  Thus, for these additional reasons, the abstract idea identified above in independent Claims 1 and 18 (and their respective dependent claims) is not integrated into a practical application under the 2019 PEG.
Accordingly, independent Claims 1 and 18 (and their respective dependent claims) are each directed to an abstract idea under 2019 PEG.
Step 2B
None of Claims 1 and 18 include additional elements that are sufficient to amount to significantly more than the abstract idea for at least the following reasons.
Each of Claims 1 to 17 recites no additional elements and Claim 18 recites the additional elements of: a data processing unit and a control interface that is operationally connected to the data processing unit and includes a display module.
The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks.  The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, Versata Dev. Group, Inc. v. SAP Am., Inc. , 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Per Applicant’s specification, the claimed data processing unit 101 is, for example, a microprocessor or a microcontroller (Page 5, 5th paragraph) and operatively connected to a local memory unit 102 (Page 5, 6th paragraph). The claimed control interface is “of the touchscreen type” (Page 8, 1st paragraph). The control interface 103 further comprises a display module (display) 104 (Page 8, 2nd paragraph). In a preferred embodiment, in which the control interface 103 is of the touchscreen type, the display module 104 coincides with the control interface 103 (Page 8, 5th paragraph).
Accordingly, in light of Applicant’s specification, the claimed terms a data processing unit and a control interface that includes a display module is reasonably construed as a generic computing device.  Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available computers, with their already available basic functions, to use as tools in executing the claimed process.
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for the data processing unit, control interface and display module.  This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts.  By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts.  In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see Berkheimer memo from April 19, 2018, (III)(A)(1) on page 3).  Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications).
The recitation of the above-identified additional limitations in Claim 18 amounts to mere instructions to implement the abstract idea on a computer.  Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit).  Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016).  However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes.  That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement.  Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims.  Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
For at least the above reasons, the methods of Claims 1 to 17 and the exercise machine of Claim 18 are directed to applying an abstract idea (e.g., mental process or certain method of organizing human activity) on a general purpose computer without (i) improving the performance of the computer itself (as in McRO, Bascom and Enfish), or (ii) providing a technical solution to a problem in a technical field (as in DDR).  In other words, none of Claims 1 to 18 provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself.
Taking the additional elements individually and in combination, the additional elements do not provide significantly more.  Specifically, Claims 1 to 17 include no additional elements, and when viewed individually, the above-identified additional elements in independent Claim 18 does not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment.  That is, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity.  When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment.  As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application.  As such, the above-identified additional elements, when viewed as whole, do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself.  Thus, Claims 1 to 18 merely apply an abstract idea to a computer and do not (i) improve the performance of the computer itself (as in Bascom and Enfish), or (ii) provide a technical solution to a problem in a technical field (as in DDR).
Therefore, none of the Claims 1 to 18 amounts to significantly more than the abstract idea itself.
Accordingly, Claims 1 to 18 are not patent eligible and rejected under 35 U.S.C. 101 as being directed to abstract ideas implemented on a generic computer in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al. and 2019 PEG.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA  35 U.S.C. 102 and 103 (or as subject to pre-AIA  35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA  to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Intonato et al (US 2019/0336827 A1, hereinafter Intonato) as can best be interpreted in view of the 112 rejections, see above.
Independent Claim 1: Intonato discloses a method for controlling a control interface of an exercise machine during the consumption of multimedia content [abstract- wherein a method includes providing video files, receiving user data, and associating settings and performance metrics with timestamps; 0002], the method comprising:
providing multimedia content of a personal trainer preparatory to the performance of a set workout program on the exercise machine [0061- wherein “an exercise class is being displayed, played back, and/or otherwise provided via the one or more displays 104 through the user interface 400”; 0063- wherein the user interface 400 is configured to show “the live or archived exercise class or other content” selected, see also Fig. 4], which can be consumed by a user through a control interface (400 user interface, see Fig. 4) [0040- “one or more user interfaces 200 displayed on the display 104”; 0061- “the user interface 400 may be similar to and/or the same as the user interface 200 described above with respect to Fig. 2”] of the exercise machine (102 exercise machine, Fig. 2) [0061- wherein the content is provided via the display(s) through the user interface];
associating configuration instructions (418 one or more executable controls) [0065- “the user interface 400 may also include one or more executable controls 418”; 0066- “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”] of the exercise machine with the multimedia content, which can be read by a data processing unit (148 digital hardware, Fig. 2) [0035- “The digital hardware 148 may include digital storage (e.g., a hard drive or other such memory), or more processors] of the exercise machine, synchronized with playing of the multimedia content [0065- “such executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class”];
during the consumption of the multimedia content, if an instant of playing time falls within a set time interval [0062- “an example segmented timeline 402 may include one or more segments” 404, and “the segmented timeline 402 may also provide an indication 406 of elapsed time and/or remaining time for the present workout segment and/or for the exercise class generally”] provided by the configuration instructions of the exercise machine, dynamically modifying, by the data processing unit (148 digital hardware, Fig. 2) of the exercise machine, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content [0062- wherein such segmented timelines may include “one or more lists or windows identifying and/or describing upcoming workout segments or features, instructional information such as graphics or videos demonstrating how to properly perform exercise, or other information relevant to the exercise class in progress”; 0065- “the processor of the digital hardware 148 may provide one or more such executable controls 418 during particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; wherein controls displayed upon the user interface are altered throughout exercise class portions],
in said respective operating configuration, showing the user, by the data processing unit on a display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration [0065- “such executable controls 418 may comprise pop-up messages or other means by which the instructor may enhance engagement with exercise class participants”; 0066- “such relatively vague executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class using the exercise machine 102, and may be operable to modify the speed of the belt 120 and/or other settings or parameters of the exercise machine 102 based at least in part on such an input”; 0064- wherein “the user interface 400 may allow the user 106 to hide or display information elements”; 0070- wherein “such example executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class using the exercise machine 102, and such executable controls may be operable to modify the corresponding parameter of the exercise machine 102 based at least in part on such an input”]; and
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 respective operating configuration [0070- wherein “executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class sing the exercise machine 102, and such executable controls may be operable to modify the corresponding parameter of the exercise machine 102 based at least in part on such an input”].
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Claim 2: Intonato further discloses the method of claim 1, wherein 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 is assumes a respective operating configuration to display fixed controls of a plurality of controls made available to the user on the display module of the control interface [0043- “the processor or other components of the digital hardware 148 may cause the display 104 to display a user interface 200 comprising a home screen that provides basic information about the system 100 and/or the exercise machine 102, as well as available options”; 0061- “the user interface 400 may be similar to and/or the same as the user interface 200 described above with respect to Fig. 2”; wherein a home screen provides options of a workout selection or beginning controls for a user, or in an alternative interpretation, the following describes wherein a workout segment begins and operating configurations are selected/set by an instructor, the program, or the user; 0062- wherein segments of the workout can be displayed and include indicia indicating an activity or equipment requirement, and “such segmented timelines 402 may also provide and/or otherwise include information 409 indicating the current segment or the exercise class and/or the current activity that the instructor is requesting the user 106 to perform”; 0065- wherein “executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class” wherein such executable controls may provide a corresponding performance command; 0066- wherein a user is able to modify parameters such as a speed of a belt in accordance with a desired goal identified by the instructor; therefore, in a beginning time segment of the exercise, which would be the start, the control interface is modified to show information of that segment, as well as provide playback information from the instructor of said workout].
Independent claim 18: Intonato discloses an exercise machine (102 exercise machine, Fig. 2 above in claim 1) comprising:
a data processing unit (148 digital hardware, Fig. 2 above in claim 1) [0035- “The digital hardware 148 may include digital storage (e.g., a hard drive or other such memory), or more processors];
a control interface (400 user interface, see Fig. 4 above in claim 1), operationally connected to the data processing unit, comprising a display module [0040- “one or more user interfaces 200 displayed on the display 104”; 0061- “the user interface 400 may be similar to and/or the same as the user interface 200 described above with respect to Fig. 2”; 0065- wherein the user interface 400 may include executable controls “executable by a processor of the digital hardware 148”];
the data processing unit being configured to perform a method [0035- wherein the one or more processors included in the digital hardware 148 “may be programmed to perform operations in accordance with rules, programs, or other instructions of the control logic” and may communicate with user input] comprising:
providing multimedia content of a personal trainer preparatory to the performance of a set workout program on the exercise machine [0061- wherein “an exercise class is being displayed, played back, and/or otherwise provided via the one or more displays 104 through the user interface 400”; 0063- wherein the user interface 400 is configured to show “the live or archived exercise class or other content” selected, see also Fig. 4 above in claim 1], which can be consumed by a user through the control interface of the exercise machine [0061- wherein the user interface 400 may be provided to the user during a selected exercise class, and said exercise class is “provided via the one or more displays 104 through the user interface”];
associating configuration instructions (418 one or more executable controls, Fig. 4 above in claim 1) [0065- “the user interface 400 may also include one or more executable controls 418”] of the exercise machine with the multimedia content, which can be read by the data processing unit of the exercise machine, synchronized with playing of the multimedia content [0066- “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”; 0065- “such executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class”];
during the consumption of the multimedia content, if an instant of playing time falls within a set time interval [0062- “an example segmented timeline 402 may include one or more segments” 404, and “the segmented timeline 402 may also provide an indication 406 of elapsed time and/or remaining time for the present workout segment and/or for the exercise class generally”] provided by the configuration instructions of the exercise machine, dynamically modifying, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content [0062- wherein such segmented timelines may include “one or more lists or windows identifying and/or describing upcoming workout segments or features, instructional information such as graphics or videos demonstrating how to properly perform exercise, or other information relevant to the exercise class in progress”; 0065- “the processor of the digital hardware 148 may provide one or more such executable controls 418 during particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; wherein controls displayed upon the user interface are altered throughout exercise class portions],
in said respective operating configuration, showing the user, on the display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration [0065- “such executable controls 418 may comprise pop-up messages or other means by which the instructor may enhance engagement with exercise class participants”; 0066- “such relatively vague executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class using the exercise machine 102, and may be operable to modify the speed of the belt 120 and/or other settings or parameters of the exercise machine 102 based at least in part on such an input”; 0064- wherein “the user interface 400 may allow the user 106 to hide or display information elements”; 0070- wherein “such example executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class using the exercise machine 102, and such executable controls may be operable to modify the corresponding parameter of the exercise machine 102 based at least in part on such an input”]; and
setting 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 respective operating configuration [0070- wherein “executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class sing the exercise machine 102, and such executable controls may be operable to modify the corresponding parameter of the exercise machine 102 based at least in part on such an input”].
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.
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.
Claims 3-17 are rejected under 35 U.S.C. 103 as being unpatentable over Intonato et al (US 2019/0336827 A1, hereinafter Intonato) in view of Evancha et al (US 2019/0111318 A1, hereinafter Evancha) as can best be interpreted in view of the 112 rejections, see above.
Intonato discloses the invention as substantially claimed, see above.
Claim 3: Intonato further discloses the method of claim 1, wherein the step of dynamically modifying is performed, by the data processing unit (148 digital hardware, Fig. 2), based on the configuration instructions of the exercise machine read together with the playing of the multimedia content [0065- “the processor of the digital hardware 148 may provide one or more such executable controls 418 during particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; wherein controls displayed upon the user interface are altered throughout exercise class portions], to modify the control interface so that it takes a respective operating configuration to display temporary controls representative of workout conditions selectable by the user on the display module of the control interface [0067- wherein executable controls 418 may include a vague control that can be customized, programmed, entered, and/or otherwise selected by the user before or during an exercise class; 0065- wherein said executable controls 418 “may be executable by a processor of the digital hardware 148 upon playback” and may appear for particular portions of an exercise class, where such controls can appear as “text windows, images, pop-up boxes, graphics, icons, or other visual content”; so the display will include a window for specific portions of an exercise with a command/control for the exercise state].
Intonato is silent to temporary controls representative of initial workout difficulty levels selectable by the user.
Evancha, in the same field of endeavor, teaches displaying temporary controls representative of initial workout difficulty levels selectable by a user [Evancha: 0058- wherein “window 418 may include a “jog” executable control 420, a “run” executable control 422, a “sprint” executable control 424, and or other executable controls configured to modify a speed of the belt” and is able to receive input from the user while they’re participating in an exercise class using the exercise machine; wherein the controls ‘jog’, ‘run’, and ‘sprint’ are various levels of speed difficulty for a user to select for their workout, and setting the speeds for each of these difficulty levels is further described in at least paragraphs 0059-0063].
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Therefore, 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 Intonato to include the window comprising temporary controls representative of initial workout difficulty levels of Evancha for the benefit of ease of use for the user as they can press a single button that associates with a specific speed difficulty while also enabling for the associated speed difficulty to be customized [Evancha: 0068]. It would also be obvious to include as Intonato does teach executable controls such as ‘jog’ and ‘run’, but is silent to showing them all at once in this window format for difficulty selection [Intonato: 0066].
Claim 4: Intonato in view of Evancha further teach the method of claim 3, wherein the step of dynamically modifying further comprises a step of automatically setting, at the end of a time interval corresponding to the operating configuration in which the user can select an initial workout difficulty level by the data processing unit, if the user has not made any selection, a first initial workout difficulty level [Intonato: 0062- wherein the segmented timeline 402 has segments 404 which correspond to parts of the exercise, wherein for example there is a “running segment” 404c; 0066- wherein the executable control 418 may be configured to modify a speed in accordance with a desired speed or pace identified by the instructor, so the instructor can set to relatively vague jog/run/sprint controls or to a specific pace desired for a specific segment; 0025- describes executable controls and settings may correspond to “verbal cues, suggestions, directions, comments, or other performance commands uttered by an instructor”; 0057- teaches instructors can set targets for user and “the system may allow the instructor to remotely adjust exercise machine settings for individual users”; wherein it is interpreted that an example “run” executable control could be enacted by the instructor during a “run” segment, and if a user doesn’t select a different difficulty level, the instructor would enable the executable control during the segment to keep with the workout; Evancha: 0058- wherein jog/run/sprint are the previously defined difficulty levels shown in window 418; 0060- wherein selected speed associated with jog, for example, may be associated with a warm-up period/segment of an exercise class].
Claim 5: Intonato in view of Evancha further teach the method of claim 3, wherein the step of dynamically modifying comprises a step of removing, by the data processing unit, once the initial workout difficulty level has been set, the temporary controls representative of initial workout difficulty levels selectable by the user on the display module [Evancha: 0068- wherein “wherein window 418 may include an executable control 432 operable to close the window 418 such that the window 418) and the executable controls provided therein) is no longer displayed on the display 402”; so a user can select to remove the controls box once they have selected or no longer have a need to select a difficulty level for their workout, thus modifying the screen to remove the window].
Claim 6: Intonato further discloses 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 [0061- wherein information elements are presented on the display of the user interface which are related to the activity being performed during segments of the exercise class; 0065- wherein executable controls are executable by a processor of the digital hardware upon playback of a video file of an exercise class and said controls may correspond to a performance command and include physical indicia], to modify the control interface so that it assumes a respective operating configuration to display on the display module temporary controls selectable by the user of at least one first operating parameter of the exercise machine [0066- wherein a first operating parameter is a desired speed or pace, and “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”, and such parameters can be modified during an exercise class; 0067- wherein “a relatively vague “jog” executable control 418 may be associated with a first speed of the belt 120” and the speed that correlates with “jog” may be selected by a user via their profile, or before or during the current exercise class; 0065 & 0066- wherein “the processor of the digital hardware 148 may provide one or more such executable controls 418 during particular portions of the exercise class” and may or may not be configured to receive input from a user; therefore a general instructive control such as “jog” may require input from a user for a specific value, and once the input is obtained, the visual content of the request would no longer be needed].
Intonato is silent to the temporary controls being representative of values plural selectable by the user, as Intonato displays figure 4 ‘executable controls 418’ as a miscellaneous window for various associations.
Evancha, in the same field of endeavor, teaches temporary controls being representative of values selectable by the user [Evancha: 0058- wherein window 418, as seen in Fig. 5, may show one or more executable controls for modifying a parameter of the exercise machine, specifically controls 420, 422, and 424 which correspond to jog, run, and sprint controls, respectively, for modifying a speed of the belt, wherein speed is the first operating parameter].
Therefore, 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 control interface of Intonato to include the controls window and function thereof of Evancha for the benefit of providing the user with the parameter options for their workout all at once in a window [Evancha: 0058] especially as Intonato describes these same parameters, but doesn’t display a figure that includes multiple controls at once [Intonato: 0066].
Claim 7: Intonato in view of Evancha teach the invention as substantially claimed, see claim 6, and Intonato further teaches wherein the step of dynamically modifying further comprises a step of indicating on the display module, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, 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 [Intonato: 0069- wherein “a speed of the belt 120 corresponding to such a relatively vague “jog” executable control 418 may be selected and/or indicated by the instructor of the exercise class” 0062- wherein information for the current segment such as “10 min easy run” displayed in Fig. 4 above in claim 1, gives a suggestion by the instructor for a speed; 0066- wherein a desired speed or pace can be suggested by the instructor as an executable control, for example “6.0 minute mile pace” in Fig. 4 above in claim 1] 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 [Intonato: 0069- wherein the selection or indication by the instructor of the exercise class can be provided “either prior to the exercise class or during performance of the exercise class”; 0065- wherein executable controls may be provided during “particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; 0062- wherein exercise segments are described that can provide indication of an activity requirement or other requirement associated with a respective exercise segment of the selected exercise class].
Claim 8: Intonato in view of Evancha further teach the method of claim 6, 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 respective 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 [Intonato: 0066- wherein “one or more executable controls 418 of the present disclosure may be configured to modify an incline of the deck 112”; Evancha: 0064- wherein the window 418 as introduced in claim 6 “may also include a plurality of additional executable controls 426, 428, 430 and/or other executable controls configured to modify an incline of the deck 112”.
Claim 9: Intonato in view of Evancha teach the invention as substantially claimed, see claim 8, and Intonato further teaches wherein the step of dynamically modifying further comprises a step of indicating on the display module, by the data processing unit, based on the configuration instructions read together with the playing of the multimedia content, which of the temporary controls representative of values selectable by the user of a second operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content [Intonato: 0066- wherein a desired speed or pace can be suggested by the instructor as an executable control, for example “6.0 minute mile pace” in Fig. 4 above in claim 1; 0104- wherein an example of another specific performance command from an instructor is “go to a 5.0 incline”] for the phase of the set workout program that the user is performing in the set time interval that the multimedia content is at [Intonato: 0069- wherein the selection or indication by the instructor of the exercise class can be provided “either prior to the exercise class or during performance of the exercise class”; 0065- wherein executable controls may be provided during “particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; 0062- wherein exercise segments are described that can provide indication of an activity requirement or other requirement associated with a respective exercise segment of the selected exercise class].
Claim 10: Intonato in view of Evancha further teach the method of claim 6, wherein, following the user selecting a value of said at least one first operating parameter, the step of dynamically modifying comprises a step of setting, by the data processing unit, the exercise machine as a function of the value of said at least one first operating parameter selected by the user [Intonato: 0066- wherein “an executable control 418 may be operable to modify a parameter of the exercise machine 102 while the user 106 is participating in an exercise class. For example, such an executable control 418 may be configured to modify a speed of the belt 120 in accordance with a desired speed or pace identified by the instructor” wherein speed, incline, resistance, cadence, etc. can be modified].
Intonato in view of Evancha are silent to an end of a time interval corresponding to the timing of a user selecting a parameter. It would be obvious to one of ordinary skill in the art to include a time limit for the selection process for the user as the workout of Intonato can be segmented, and so the segment the user is in (i.e., an easy run segment) would have desirable settings that wouldn’t be applicable to a later segment (i.e., a sprint segment), so the time interval would ideally be for the current segment. It would then be obvious that once a parameter, such as speed, has been selected, the exercise machine would begin its adjustment to that setting, as many current exercise machines on the market instantaneously adjust their parameters following input. Adjusting an exercise device following an instructional input for a setting change is known in the exercise device market.
Claim 11: Intonato in view of Evancha teach the invention as substantially claimed, see claim 8, and Intonato further teaches wherein, at an end of a time interval corresponding to the operating configuration in which the user can select a value of the second operating parameter, the step of dynamically modifying further comprises a step of setting, by the data processing unit, the exercise machine as a function of the value of the second operating parameter selected by the user [Intonato: 0066- wherein “an executable control 418 may be operable to modify a parameter of the exercise machine 102 while the user 106 is participating in an exercise class. For example, such an executable control 418 may be configured to modify a speed of the belt 120 in accordance with a desired speed or pace identified by the instructor” wherein speed, incline, resistance, cadence, etc. can be modified].
Intonato in view of Evancha are silent to an end of a time interval corresponding to the timing of a user selecting a parameter. It would be obvious to one of ordinary skill in the art to include a time limit for the selection process for the user as the workout of Intonato can be segmented, and so the segment the user is in (i.e., an easy run segment) would have desirable settings that wouldn’t be applicable to a later segment (i.e., a sprint segment), so the time interval would ideally be for the current segment. It would then be obvious that once a parameter, such as incline or speed, has been selected, the exercise machine would begin its adjustment to that setting, as many current exercise machines on the market instantaneously adjust their parameters following input. Adjusting an exercise device following an instructional input for a setting change is known in the exercise device market.
Claim 12: Intonato in view of Evancha further teach the method of claim 6, wherein the step of dynamically modifying comprises a step, by the data processing unit, once the value of the at least one first operating parameter has been set, the temporary controls representative of values selectable by the user of at least one first operating parameter can be altered [Intonato: 0066- “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”; 0065- “such executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class”; Evancha: 0068- wherein “wherein window 418 may include an executable control 432 operable to close the window 418 such that the window 418) and the executable controls provided therein) is no longer displayed on the display 402”; therefore the window comprising the operating parameters isn’t taught as a permanent element on the display; 0058- wherein window 418 can be overlaid on and/or otherwise displayed with the primary window, and includes both selections for the first and second parameter].
Intonato in view of Evancha do not teach shifting the temporary controls towards an outside of the display module so that they are partially visible.
Intonato does teach, however, that “various metric windows 412 may be presented anywhere on the display 104, and may be user selectable such that they can be displayed or removed by a screen touch or gesture” [Intonato: 0063] and further describes performance information can be displayed in various display bars that can be hidden or displayed as a group or individually [Intonato: 0064]. It can be noted that some of the metric windows as described by Intonato have small arrows that can be interpreted to push a window to the side (Intonato: see Fig. 4 above in claim 1). It would be obvious to one of ordinary skill in the art to modify the window 418 comprising the operating parameter selections [Evancha: 0058] so that it is movable and able to be displayed or removed as taught by Intonato. It would also be obvious that as such windows are movable, said window could be shifted from an inner position on the screen to an outer position on the screen.
Shifting windows on a screen is known in the art of display devices, videos, applications, etc. and therefore, shifting the window comprising the operating parameter selections would be done applying known techniques which would be obvious to try and yield predictable results. For example, various applications on a display include a side bar that can be toggled open and closed, and may close following a selection (for example, email applications have this for an inbox), or online videos may bring up menu options if pressed. It would be obvious to shift or toggle windows out of the way of a primary video to ensure a better visual of the primary workout or to ensure a user won’t accidentally select or change a setting if they happen to tap the screen. Therefore, as moving windows along a screen is known in the art of displays, and Intonato teaches windows that can be moved, it would be obvious to one of ordinary skill in the art to move or shift the parameter selection window to the side of the display to feature the primary video.
Claim 13: Intonato in view of Evancha teach the method of claim 12, wherein the step of shifting, by the data processing unit, once the value of the at least one first operating parameter has been set, the temporary controls representative of values selectable by the user of at least one first operating parameter towards an outside of the display module so that they are partially visible [see claim 12 above for the teaching of this portion of the limitation]..
Intonato in view of Evancha are silent to whether the operating parameter being partially visible entails that the indicated set value is visible or if the respective temporary controls are enabled to be pressed.
Similar to the discussion of claim 12, wherein the window of Evancha is taught as moveable in combination with the description of Intonato in view of known displays,  it would further be obvious to one of ordinary skill in the art that the window of Evancha being shifted to an outside of the display would leave a portion of the window that is shown on the touchscreen as enabled to be pressed. For example, when looking to an email application wherein the sidebar is toggled to the side, the inbox, sent items, deleted items, and commonly used icons are still accessible. A similar scenario can be seen when on YouTube on a browser, wherein the settings selection when pressed can display the specific parameter options offered, but otherwise provides just an icon that is enabled to be pressed. Therefore, it would be obvious to one of ordinary skill in the art that the window of Evancha would be enabled to be pressed as it was merely shifted to an outside of the screen and that it is known windows can be toggled to a side and still be engaged.
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Claim 14: Intonato in view of Evancha further teach the method of claim 8, wherein the step of dynamically modifying comprises a step, by the data processing unit, once the value of the second operating parameter has been set, the temporary controls representative of values selectable by the user of a second operating parameter can be altered on the display module at a same time as the temporary controls representative of values selectable by the user of at least one first operating parameter [Intonato: 0066- “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”; 0065- “such executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class”; Evancha: 0068- wherein “wherein window 418 may include an executable control 432 operable to close the window 418 such that the window 418) and the executable controls provided therein) is no longer displayed on the display 402”; 0058- wherein window 418 can be overlaid on and/or otherwise displayed with the primary window, and includes both selections for the first and second parameter (speed and incline); therefore the window comprising the operating parameters isn’t taught as a permanent element on the display and can be modified, as well as both the first and second parameter selections being within the same window so they would move together].
Intonato in view of Evancha do not teach shifting the temporary controls towards an outside of the display module so that they are partially visible.
Intonato does teach, however, that “various metric windows 412 may be presented anywhere on the display 104, and may be user selectable such that they can be displayed or removed by a screen touch or gesture” [Intonato: 0063] and further describes performance information can be displayed in various display bars that can be hidden or displayed as a group or individually [Intonato: 0064]. It can be noted that some of the metric windows as described by Intonato have small arrows that can be interpreted to push a window to the side (Intonato: see Fig. 4 above in claim 1). It would be obvious to one of ordinary skill in the art to modify the window 418 comprising the operating parameter selections [Evancha: 0058] so that it is movable and able to be displayed or removed as taught by Intonato. It would also be obvious that as such windows are movable, said window could be shifted from an inner position on the screen to an outer position on the screen.
Shifting windows on a screen is known in the art of display devices, videos, applications, etc. and therefore, shifting the window comprising the operating parameter selections would be done applying known techniques which would be obvious to try and yield predictable results. For example, various applications on a display include a side bar that can be toggled open and closed, and may close following a selection (for example, email applications have this for an inbox), or online videos may bring up menu options if pressed. It would be obvious to shift or toggle windows out of the way of a primary video to ensure a better visual of the primary workout or to ensure a user won’t accidentally select or change a setting if they happen to tap the screen. Therefore, as moving windows along a screen is known in the art of displays, and Intonato teaches windows that can be moved, it would be obvious to one of ordinary skill in the art to move or shift the parameter selection window to the side of the display to feature the primary video.
Claim 15: Intonato in view of Evancha further teach 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 set, the temporary controls representative of values selectable by the user of a second operating parameter towards an 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 so that they are partially visible [see claim 14 above for the teaching of this portion of the limitation].
Intonato in view of Evancha are silent to whether the operating parameter being partially visible entails that the indicated set value is visible or if the respective temporary controls are enabled to be pressed.
Similar to the discussion of claim 14, wherein the window of Evancha is taught as moveable in combination with the description of Intonato in view of known displays,  it would further be obvious to one of ordinary skill in the art that the window of Evancha being shifted to an outside of the display would leave a portion of the window that is shown on the touchscreen as enabled to be pressed. For example, when looking to an email application wherein the sidebar is toggled to the side, the inbox, sent items, deleted items, and commonly used icons are still accessible. A similar scenario can be seen when on YouTube on a browser, wherein the settings selection when pressed can display the specific parameter options offered, but otherwise provides just an icon that is enabled to be pressed. Therefore, it would be obvious to one of ordinary skill in the art that the window of Evancha would be enabled to be pressed as it was merely shifted to an outside of the screen and that it is known windows can be toggled to a side and still be engaged (see Figures above in claim 13).
Claim 16: Intonato in view of Evancha further teach the method of claim 12, wherein the step of dynamically modifying further comprises, by the data processing unit, the temporary controls representative of values selectable by the user of at least one first operating parameter on the display module enabled to be pressed, in response to a touch made by the user anywhere on the display module [Intonato: 0035- wherein the display may comprise a touch screen or be able to receive input from the user; 0063- wherein metric windows may be presented anywhere on the display, and may be displayed or removed by a screen touch or gesture by a user; Evancha: 0058- wherein the windows 418 can be overlaid on/or otherwise displayed with the primary window; wherein it was explained in claim 12 wherein it’d be obvious to modify the window of Evancha to include the movability of the metric windows described by Intonato and as such, the window of Evancha comprising the temporary controls would be able to be displayed or removed by a screen touch or gesture].
Intonato in view of Evancha are silent to laterally shifting the temporary controls towards an inside of the display module in response to a touch made on the display module.
It would have been obvious to one of ordinary skill in the art to laterally shift the window comprising the temporary controls towards an inside of the display module in response to a touch made on a display module as the art of displays and user interfaces comprise means of doing so in multiple scenarios. For example, when referencing the email figures in claim 13, when the arrow at the top is pressed, the menu window is toggled towards the center from its scaled down position to display the full options. There is a similar scenario wherein a YouTube video may have the primary video content as the full screen, but upon pressing the video can bring up a menu of selections. Therefore, it would have been obvious to one of ordinary skill in the art to modify the control interface and temporary controls of Intonato in view of Evancha to include the lateral shifting as taught in the examples of control interfaces and displays as it would have been obvious to try as the windows have already been taught to be able to move and be displayed or hidden, and so moving said window towards a center from a previous position would be a predictable act if there was a desire to alter the primary focus on the interface.
Claim 17: Intonato in view of Evancha further teach the method of claim 14, wherein the step of dynamically modifying further comprises, by the data processing unit, the temporary controls representative of values selectable by the user of a second operating parameter on 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, enabled to be pressed in response to a touch made by the user anywhere on the display module [Intonato: 0035- wherein the display may comprise a touch screen or be able to receive input from the user; 0063- wherein metric windows may be presented anywhere on the display, and may be displayed or removed by a screen touch or gesture by a user; Evancha: 0058- wherein the windows 418 can be overlaid on/or otherwise displayed with the primary window; wherein it was explained in claim 12 wherein it’d be obvious to modify the window of Evancha to include the movability of the metric windows described by Intonato and as such, the window of Evancha comprising the temporary controls would be able to be displayed or removed by a screen touch or gesture; wherein it was determined in claim 14 that the window 418 of Evancha comprises both the first and second parameter and so they would move together].
Intonato in view of Evancha are silent to laterally shifting the temporary controls towards an inside of the display module in response to a touch made on the display module.
It would have been obvious to one of ordinary skill in the art to laterally shift the window comprising the temporary controls towards an inside of the display module in response to a touch made on a display module as the art of displays and user interfaces comprise means of doing so in multiple scenarios. For example, when referencing the email figures in claim 13, when the arrow at the top is pressed, the menu window is toggled towards the center from its scaled down position to display the full options. There is a similar scenario wherein a YouTube video may have the primary video content as the full screen, but upon pressing the video can bring up a menu of selections. Therefore, it would have been obvious to one of ordinary skill in the art to modify the control interface and temporary controls of Intonato in view of Evancha to include the lateral shifting as taught in the examples of control interfaces and displays as it would have been obvious to try as the windows have already been taught to be able to move and be displayed or hidden, and so moving said window towards a center from a previous position would be a predictable act if there was a desire to alter the primary focus on the interface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kolman et al (US 2014/0194248 A1) teaches controls for speed and incline displayed on the edge of a user interface screen that can correlate with a  time segment.
Swanson (US 2015/0181314 A1) teaches displaying a workout summary, workout levels, and the user interface changes from pre-workout, in workout, and post-workout displays with various settings.
Brammer (US 2016/0256745 A1) teaches graphs that associated operating parameter levels with time intervals of a workout.

APPLICANT REBUTTAL: REMARKS AND ARGUMENTS
Amendments in General
The title, abstract, and body of the specification have been amended for formality purposes. Claims 6 and 7 have been cancelled, and limitations substantially similar to those of claims 6 and 7 have been added to claim 1. Claims 1, 4, 5, and 9-18 have been amended for formality purposes and/or to better define the subject matter therein. No new matter has been added.
Specification Objections
The Office has objected to portions of the specification, including but not limited to the title and abstract. While Applicant does not necessarily agree, Applicant submits that these issues have been resolved by the amendments to the body of the specification, the title, and the abstract.
Claim Objections
The Office has objected to 1, 5, 7, 9, and 12-18 for alleged informalities. While   Applicant  does  not  necessarily  agree, Applicant submits that these issues have been resolved by the amendments to the claims.
Claim Rejections - 35 U.S.C. § 112(b)
The Office has rejected claims 1-18 under 35 U.S.C. § 112(b) as being indefinite. While Applicant does not necessarily agree, Applicant submits that these rejections are moot in light of the amendments to the claims.
Claim Rejections - 35 U.S.C. § 101
Claims 1-18 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.
As a threshold matter, the Office indicates on page 20 that "each of Claims 1 to 17 recites no additional elements and Claim 18 recites the additional elements of: a data processing unit and a control interface that is operationally connected to the data processing unit and includes a display module. These additional elements are generically recited computer elements." Applicant disagrees. Claims 1 to 17 recite at least the following additional elements:
(1) An exercise machine;
(2) Multimedia content;
(3) A control interface;
(4) A data processing unit;
(5) A display module.
These elements are integrally connected with the recited method steps. For instance, "dynamic[] modifying is performed on the data processing unit . . . to modify the control interface so that it assumes a respective operating configuration to display on the display module temporary controls representative of values selectable by the user." Moreover, "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 temporary controls representative of values selectable by the user . . . is suggested by the personal trainer in the multimedia content."
These are not generic computer elements performing generic computer steps. These are steps that are being performed by physical components of a specifically practical machine - an exercise machine - to enhance the user experience and improve the exercise machine's overall functionality.
The Office cites the 2019 PEG for the rejection under 35 U.S.C. § 101 but fails to provide any guidance from the 2019 PEG that actually supports the rejection. Indeed, the 2019 PEG actually supports the proposition that the claims are eligible under Step
2A, Prong 2, in Example 37 - 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. 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.
Applicant submits that similar arguments apply to claim 18. For at least the above reasons, Applicant requests the withdrawal of the rejections under 35 U.S.C. § 101.
Claim Rejections - 35 U.S.C. §§ 102 and 103
Claims 1, 2, and 18 have been rejected under 35 U.S.C. § 102 as being anticipated by U.S. Pub. No. 2019/0336827 to Intonato et al. (hereinafter "Intonato").
Claims 3-17 have been rejected under 35 U.S.C. § 103 as being obvious over Intonato in view of U.S. Pub. No. 2019/0111318 to Evancha et al. (hereinafter "Evancha").
Claims 1 and 18 are independent claims from which all other claims depend, and as such the below arguments will focus upon these claims.
Claim 1
Claim 1 has been rejected as being anticipated by Intonato. Limitations substantially similar to those of claims 6 and 7 have been added to amended claim 1. Additionally, the claim has been amended to recite a method with "each of the temporary controls showing the corresponding value." Support for the amendments to claim 1 can be found, for example, in original claims 6 and 7, as well as FIGs. 5B-5D and pages 20, 23, and 24 of the specification as originally filed. For instance, the application as originally filed states:
The  temporary  controls CV-P1  representative of
values selectable by the user of at least one first
operating parameter P1 comprise:
a first temporary control Vii to select a first value
of the first operating parameter P1, e.g., a speed value
of the treadmill corresponding to a walk, "walk" (e.g.,
6 km/h) ;
a second temporary control V12 to select a first
value of the second operating parameter P1, e.g., a speed value of the treadmill corresponding to a slow pace run,
"jog" (e. g. , 9 km/h) ;
a third temporary control V13 to select a third value
of the first operating parameter P1, e.g., a speed value
of the treadmill corresponding to a normal pace run, "run"
(e.g., 12 km/h) ; and
a fourth temporary control V14 to select a fourth
value of the first operating parameter P1, e.g., a speed value of the treadmill corresponding to a fast pace run,
"sprint" (e.g., 15 km/h) .
The application as filed also states on page 20 (emphasis
added):
In an embodiment, in combination with any of the
preceding ones
in which the user has selected a value of the at least one first operating parameter P
and in
which an indication is provided on the display module 104
of
which
among
the
temporary
controls
CV-P
representative of values selectable by the user of at least one first operating parameter P
of the exercise machine 100 is suggested by the personal trainer in the multimedia content CM,
the data processing unit 101, based on the configuration instructions IC read together
with the playing of the multimedia content CM.
Claims 6 and 7 were rejected as being obvious over Intonato in view of Evancha. Applicant respectfully disagrees and requests that the Office reconsider.
One objective of claim    1 is to provide a method for controlling a control interface of an exercise machine during consumption of multimedia content which allows the machine to be as intuitive, versatile, and simple as possible. This is achieved by making available to the user 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 it is indicated 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 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, which provides the user with all the selectable values plus the value as suggested
by the user to set up the exercise machine in a manner as intuitive, versatile and simple as possible. The user, even under stress or in presence of fatigue and/or excessive effort, is thus able to easily set up the machine, constituting a great improvement over the prior art.
A person of skill in the art would not come to the method of claim 1 based on Intonato and Evancha. This combination of references only provides the user with a single box with a value to be selected by the user. See, e.g., Intonato at FIG. 4, block 418; Evancha at FIG. 5, block 504. For instance, the block 418 in FIG. 4 of Evancha simply shows "jog", "run", and "sprint", without any indication of a corresponding value.
In addition, neither of Intonato and Evancha shows a plurality of values selectable by a user of a first operating parameter, each of them showing the corresponding value of the operating parameter, wherein an indication of the value as suggested by the personal trainer is provided on one of the temporary controls. The indication 409 "10 MIN EASY RUN" of FIG. 4 of Intonato and FIG. 4 of Evancha simply informs the user about the progression of the workout without any calculated suggestions to select one of the selectable operation mode of the treadmill (e.g. "jog", "run", or "sprint").
Furthermore, Intonato and Evancha teach add an additional single box with a value of a parameter to be selected by the user: block 418 of FIG. 5 of Intonato refers to a "6.0 MINUTE MILE PACE" and block 418 of FIG. 5 of Evancha refers to a "6.0 MINUTE MILE PACE." These are separate selections from the plurality of selectable operation modes of the treadmill such as "jog", "run", or "sprint," therefore creating a further difficulty for the user who has to move his gaze and does not have a view of the indication in the same place as the selectable operation modes.
There is therefore no teaching, suggestion, or motivation from the Intonato/Evancha combination to arrive at the method of claim 1. For at least the above reasons, Applicant respectfully submits that the claim is non-obvious over the cited art, and requests the withdrawal of the rejection.
Claim 18
While different than claim 1, claim 18 has been amended in a similar manner, and Applicant submits that similar arguments apply. As such, Applicant requests the withdrawal of the claim 18 rejection.
Claims 2-17
Each of claims 2-17 depends from
independent claim   1,
discussed above. As such, Applicant submits that each of these claims is also novel and non-obvious, and requests the withdrawal of the rejections.
CONCLUSION

NEXT OFFICE ACTION: DETAILED ACTION
This Office Action is in response to applicant’s amendments and arguments filed 12/15/2023 for application 17/342,287. In applicant’s amendments filed 12/15/2023, claims 6 & 7 were cancelled, and claims 1, 4-5, and 9-18 were amended.
Claims 1-5 and 8-18 are acknowledged as pending in this application and are considered below.
Response to Amendment
The objections to the abstract of the disclosure withdrawn. The objections to the specifications have been obviated in view of applicant’s amendments and were withdrawn. Most of the claim objections have been withdrawn in view of the amendments, however, some remain or are new in light of the amendments filed 12/15/2023, and there is a note with regards to phrasing repetition and simplifying the claim language.
Some of the rejections under 35 U.S.C. 112(b) have been obviated and were withdrawn in view of applicant’s amendments and arguments, however some rejections remain, and some new rejections were introduced as a result of the amendments filed 12/15/2023. The claims are still rejected under 35 U.S.C. 101 despite applicant’s amendments and arguments. The rejections of claims 1, 2, and 18 under 35 U.S.C. 102(a)(1) have been withdrawn as applicant’s amendments introduced former claims 6 & 7 into claim 1, however, applicant’s amendments necessitated new grounds of rejection under 35 U.S.C. 103, see below.
Claim Objections
Claims 1, 4, 5, and 12 are objected to for the following informalities:
Claim 1, paragraph 4: Phrasing should be amended so that there is better flow from the method comprising to the action of what the step includes. Such as rephrasing the paragraph to read something akin to --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 respective operating configuration corresponding to a set time interval reached by the multimedia content,--. This would also cure the 112(b) issue below in regards to whether “a step of dynamically modifying” is the name of the step or the action.
Claim 4, lines 2-8: The suggestion from the previous 112(b) rejection should have substituted the lines with regards to “a step of automatically setting”. Adding the Office’s limitation suggestion to the end of the claim makes it redundant (the Office notes the non-final states to modify one language for the other, or something of the like that completes the phrase and action of what happened should be added to the end). Therefore, the claim should state --a step of automatically setting, at an end of a time interval corresponding to the operating configuration in which the user can select an initial workout difficulty level, via the data processing unit, wherein if the user has not made any selection, a first initial workout difficulty level will be set automatically.--
Claim 5, lines 1-8: Similar to the reasoning of the objection to claim 4, this claim should be restated to simply --the step of dynamically modifying comprises a step of removing, via the data processing unit, once the initial workout difficulty level has been set, wherein the temporary controls representative of the initial workout difficulty levels selectable by the user on the display module are removed.--
Claim 12, lines 5-6: “of at least one first operating parameter” should read --of the at least one first operating parameter-- or --of said at least one operating parameter-- as “at least one operating parameter” was previously introduced.
Although not a formal objection, the Office suggests amending the claims so that the phrasing is concise. For example, in limitations such as “a step of dynamically modifying, by the data processing unit of the exercise machine, based on the configuration instructions of the exercise machine”, the relationship of the data processing unit to the exercise machine is already known, as well as the configuration instructions are known to be related to the exercise machine. Further, it was already expressed that the configuration instructions are read by the data processing unit. Therefore, if applicant feels mentioning that the step of dynamically modifying is done by the data processing unit, that should be the only part that needs to be listed. For example, it would then be --a step of dynamically modifying, by the data processing unit,--. Other examples can be found in the non-final rejection mailed 07/20/2023 which drew attention (on at least page 7) to the redundancy and idiomatic errors in the previous set of claims.
Overall, it seems elements of independent claims 1 and 18 are able to be understood, but does not follow the current U.S. practice of phrasing the claim, and that some portions of the claim could be more succinct to make the claim set easier to understand and follow.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b)  CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 and 8-18 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.
Claims 8-17 are either directly or indirectly dependent on a now cancelled claim (claim 6). Examiner suggests amending the claims so that they have proper dependency.
Claim 1 recites the limitation “a step of dynamically modifying” in lines 15-16. It is unclear if “dynamically modifying” is the defining phrase for said specific step, or if it is the action that is intended to be happening. As other similar limitations including steps appear to be the defining phrase for the specific step, the Office suggests amending the language of lines 15-21, beginning at “a step of” to --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 respective operating configuration corresponding to a set time interval reached by the multimedia content,--.
Claim 1 is also unclear as it includes redundancy and appears to include grammatical and idiomatic errors. For example, paragraph 5 recites “in said respective operating configuration, showing the user, by the data processing unit on a display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration” in lines 21-26 of claim 1. This paragraph is redundant as the situation is already being defined as “in said respective operating configuration” and thus doesn’t need to be repeated again at the end.
Claim 14 recites “once the value of the second operating parameter has been set” in lines 3-4. It is unclear if the parameter being set means that the user has selected a value, or if the exercise machine has been set to a certain configuration based on the parameter. For purposes of examination, the Office assumes the former, wherein a user has selected a parameter, and suggests amending the language so it’s clear, such as using --selected-- as opposed to set. If applicant intends the latter, then adjustment of the machine needs to be described.
Claim 15 further recites “once the value of the second operating parameter has been set” in lines 2-3. It is unclear if the parameter being set means that the user has selected a value, or if the exercise machine has been set to a certain configuration based on the parameter. For purposes of examination, the Office assumes the former, wherein a user has selected a parameter, and suggests amending the language so it’s clear, such as using --selected-- as opposed to set. If applicant intends the latter, then adjustment of the machine needs to be described.
Claims 1 (line 35), 2 (line 6), 3 (lines 5-6), 8 (lines 5-6) recite the limitation “a respective operating configuration”. It is unclear if this is supposed to be the same respective operating configuration as first introduced in claim 1, line 19, or if “respective” is intended to apply the operating configuration to a specific scenario.
Further, claims 4 (lines 3-4), 10 (lines 2-3), and 11 (lines 2-3) recite the limitation “the operating configuration”. It is unclear if this is supposed to be the same respective operating configuration as first introduced in claim 1, line 19, or if “the” operating configuration is different from a “respective” operating configuration.
Applicant’s specification makes it seem as though there can be more than one operating configuration (for example, page 18 mentions a “second operating configuration”, and there are instances of different operating configurations for different scenarios). As such, the Office will assume, for the purposed of examination, that the operating configuration is configuration that is defined by the situation, and sometimes the claims may be referring to the same configuration depending on the action or step, and other times it may be different. Applicant is responsible for amending the various recitations of “[] operating configuration” so it is clear when the same configuration is being used, or when there are different scenarios. The mixing of both “the” and “the respective” as well as “a” to describe the operating configurations is insufficient.
Claim 18 recites the limitation “assumes a respective operating configuration” in line 37. Similar to the discussion above, as claim 18 first introduces a respective operating configuration in lines 21-22, and later recites “said respective operating configuration” in lines 24 and 31-32, Applicant needs to amend the claim to clarify if the respective operating configuration in line 37 is the same as that of the other instances in the claim.
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.
Claims 1-5 and 8-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Each of Claims 1-5 and 8-18 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1
Each of Claims 1-5 and 8-18 recites at least one step or instruction for observing, judging or evaluation data, which is grouped as a mental process under the 2019 PEG or a certain method of organizing human activity under the 2019 PEG. Accordingly, each of Claims 1 to 18 recites an abstract idea.
Specifically, Claim 1 recites a method comprising:
providing a multimedia content of a personal trainer preparatory to performing a set workout program on the exercise machine, which can be enjoyed by a user through the control interface of the exercise machine (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG);
associating configuration instructions of the exercise machine with the multimedia content, which can be read by the data processing unit of the exercise machine, synchronized with playing of the multimedia content (judgement or evaluation, which is grouped as a mental process under 2019 PEG);
during the enjoy of the multimedia content, if an instant of playing time falls within a set time interval provided by the configuration instructions of the exercise machine, dynamically modifying, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG),
in said respective operating configuration, showing the user, on the display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG);
setting 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 respective operating configuration (judgement or evaluation, which is grouped as a mental process under 2019 PEG);
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 respective operating configuration to display on the display module 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 (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG); and
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 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 (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG).
Claim 18 recites an exercise machine comprising:
a data processing unit (additional element);
a control interface, operationally connected to the data processing unit, comprising a display module (additional element);
the data processing unit (additional element) being configured to perform a method comprising:
providing a multimedia content of a personal trainer preparatory to performing a set workout program on the exercise machine, which can be enjoyed by a user through the control interface of the exercise machine (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG);
associating configuration instructions of the exercise machine with the multimedia content, which can be read by the data processing unit of the exercise machine, synchronized with playing of the multimedia content (judgement or evaluation, which is grouped as a mental process under 2019 PEG);
during the enjoy of the multimedia content, if an instant of playing time falls within a set time interval provided by the configuration instructions of the exercise machine, dynamically modifying, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG),
in said respective operating configuration, showing the user, on the display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG); and
setting 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 respective operating configuration (judgement or evaluation, which is grouped as a mental process under 2019 PEG);
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 respective operating configuration to display on the display module 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 (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG); and
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 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 (involves managing interactions between people, namely, humans following rules, which is grouped as a certain method of organizing human activity under 2019 PEG and/or a judgement or evaluation, which is grouped as a mental process under 2019 PEG).
Accordingly, as indicated above, each of the above-identified claims recites an abstract idea.
Further, dependent Claims 2-5 and 8-17 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Step 2A, Prong 2
The above-identified abstract idea in each of independent Claims 1 and 18 (and their respective dependent Claims 2-5 and 8-17) is not integrated into a practical application under 2019 PEG because the additional elements (identified above in independent Claims 1 and 18), either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use.  More specifically, each of Claims 1-5 and 8-17 recites no additional elements and Claim 18 recites the additional elements of: a data processing unit and a control interface that is operationally connected to the data processing unit and includes a display module. These additional elements are generically recited computer elements in independent Claim 18 which do not improve the functioning of a computer, or any other technology or technical field.  Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.  Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer.  For at least these reasons, the abstract idea identified above in independent Claims 1 and 18 (and their respective dependent claims) is not integrated into a practical application under 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under 2019 PEG because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process and certain method of organizing human activity) using rules (e.g., computer instructions) executed by a computer (e.g., data processing unit as claimed).  In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer.  Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims.  That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.  Thus, for these additional reasons, the abstract idea identified above in independent Claims 1 and 18 (and their respective dependent claims) is not integrated into a practical application under the 2019 PEG.
Accordingly, independent Claims 1 and 18 (and their respective dependent claims) are each directed to an abstract idea under 2019 PEG.
Step 2B
None of Claims 1 and 18 include additional elements that are sufficient to amount to significantly more than the abstract idea for at least the following reasons.
Each of Claims 1-5 and 8-17 recites no additional elements and Claim 18 recites the additional elements of: a data processing unit and a control interface that is operationally connected to the data processing unit and includes a display module.
The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks.  The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, Versata Dev. Group, Inc. v. SAP Am., Inc. , 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Per Applicant’s specification, the claimed data processing unit 101 is, for example, a microprocessor or a microcontroller (Page 5, 5th paragraph) and operatively connected to a local memory unit 102 (Page 5, 6th paragraph). The claimed control interface is “of the touchscreen type” (Page 8, 1st paragraph). The control interface 103 further comprises a display module (display) 104 (Page 8, 2nd paragraph). In a preferred embodiment, in which the control interface 103 is of the touchscreen type, the display module 104 coincides with the control interface 103 (Page 8, 5th paragraph).
Accordingly, in light of Applicant’s specification, the claimed terms a data processing unit and a control interface that includes a display module is reasonably construed as a generic computing device.  Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available computers, with their already available basic functions, to use as tools in executing the claimed process.
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for the data processing unit, control interface and display module.  This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts.  By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts.  In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see Berkheimer memo from April 19, 2018, (III)(A)(1) on page 3).  Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications).
The recitation of the above-identified additional limitations in Claim 18 amounts to mere instructions to implement the abstract idea on a computer.  Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit).  Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016).  However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes.  That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement.  Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims.  Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
For at least the above reasons, the methods of Claims 1-5 and 8-17 and the exercise machine of Claim 18 are directed to applying an abstract idea (e.g., mental process or certain method of organizing human activity) on a general purpose computer without (i) improving the performance of the computer itself (as in McRO, Bascom and Enfish), or (ii) providing a technical solution to a problem in a technical field (as in DDR).  In other words, none of Claims 1-5 and 8-18 provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself.
Taking the additional elements individually and in combination, the additional elements do not provide significantly more.  Specifically, Claims 1-5 and 8-17 include no additional elements, and when viewed individually, the above-identified additional elements in independent Claim 18 does not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment.  That is, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity.  When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment.  As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application.  As such, the above-identified additional elements, when viewed as whole, do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself.  Thus, Claims 1-5 and 8-18 merely apply an abstract idea to a computer and do not (i) improve the performance of the computer itself (as in Bascom and Enfish), or (ii) provide a technical solution to a problem in a technical field (as in DDR).
Therefore, none of the Claims 1 to 18 amounts to significantly more than the abstract idea itself.
Accordingly, Claims 1-5 and 8-18 are not patent eligible and rejected under 35 U.S.C. 101 as being directed to abstract ideas implemented on a generic computer in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al. and 2019 PEG.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 and 7-18 are rejected under 35 U.S.C. 103 as being unpatentable over Intonato et al (US 2019/0336827 A1, hereinafter Intonato) in view of Evancha et al (US 2019/0111318 A1, hereinafter Evancha) as can best be interpreted in view of the 112 rejections, see above.
Independent Claim 1: Intonato discloses a method for controlling a control interface of an exercise machine during the consumption of multimedia content [abstract- wherein a method includes providing video files, receiving user data, and associating settings and performance metrics with timestamps; 0002], the method comprising:
providing multimedia content of a personal trainer preparatory to the performance of a set workout program on the exercise machine [0061- wherein “an exercise class is being displayed, played back, and/or otherwise provided via the one or more displays 104 through the user interface 400”; 0063- wherein the user interface 400 is configured to show “the live or archived exercise class or other content” selected, see also Fig. 4], which can be consumed by a user through a control interface (400 user interface, see Fig. 4) [0040- “one or more user interfaces 200 displayed on the display 104”; 0061- “the user interface 400 may be similar to and/or the same as the user interface 200 described above with respect to Fig. 2”] of the exercise machine (102 exercise machine, Fig. 2) [0061- wherein the content is provided via the display(s) through the user interface];
associating configuration instructions (418 one or more executable controls) [0065- “the user interface 400 may also include one or more executable controls 418”; 0066- “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”] of the exercise machine with the multimedia content, which can be read by a data processing unit (148 digital hardware, Fig. 2) [0035- “The digital hardware 148 may include digital storage (e.g., a hard drive or other such memory), or more processors] of the exercise machine, synchronized with playing of the multimedia content [0065- “such executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class”];
during the consumption of the multimedia content, if an instant of playing time falls within a set time interval [0062- “an example segmented timeline 402 may include one or more segments” 404, and “the segmented timeline 402 may also provide an indication 406 of elapsed time and/or remaining time for the present workout segment and/or for the exercise class generally”] provided by the configuration instructions of the exercise machine, dynamically modifying, by the data processing unit (148 digital hardware, Fig. 2) of the exercise machine, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content [0062- wherein such segmented timelines may include “one or more lists or windows identifying and/or describing upcoming workout segments or features, instructional information such as graphics or videos demonstrating how to properly perform exercise, or other information relevant to the exercise class in progress”; 0065- “the processor of the digital hardware 148 may provide one or more such executable controls 418 during particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; wherein controls displayed upon the user interface are altered throughout exercise class portions],
in said respective operating configuration, showing the user, by the data processing unit on a display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration [0065- “such executable controls 418 may comprise pop-up messages or other means by which the instructor may enhance engagement with exercise class participants”; 0066- “such relatively vague executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class using the exercise machine 102, and may be operable to modify the speed of the belt 120 and/or other settings or parameters of the exercise machine 102 based at least in part on such an input”; 0064- wherein “the user interface 400 may allow the user 106 to hide or display information elements”; 0070- wherein “such example executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class using the exercise machine 102, and such executable controls may be operable to modify the corresponding parameter of the exercise machine 102 based at least in part on such an input”]; and
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 respective operating configuration [0070- wherein “executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class sing the exercise machine 102, and such executable controls may be operable to modify the corresponding parameter of the exercise machine 102 based at least in part on such an input”];
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 [0061- wherein information elements are presented on the display of the user interface which are related to the activity being performed during segments of the exercise class; 0065- wherein executable controls are executable by a processor of the digital hardware upon playback of a video file of an exercise class and said controls may correspond to a performance command and include physical indicia], to modify the control interface so that it assumes a respective operating configuration to display on the display module temporary controls selectable by the user of at least one first operating parameter of the exercise machine [0066- wherein a first operating parameter is a desired speed or pace, and “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”, and such parameters can be modified during an exercise class; 0067- wherein “a relatively vague “jog” executable control 418 may be associated with a first speed of the belt 120” and the speed that correlates with “jog” may be selected by a user via their profile, or before or during the current exercise class; 0065 & 0066- wherein “the processor of the digital hardware 148 may provide one or more such executable controls 418 during particular portions of the exercise class” and may or may not be configured to receive input from a user; therefore a general instructive control such as “jog” may require input from a user for a specific value, and once the input is obtained, the visual content of the request would no longer be needed]; and
wherein the step of dynamically modifying further comprises a step of indicating on the display module, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, 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 [Intonato: 0069- wherein “a speed of the belt 120 corresponding to such a relatively vague “jog” executable control 418 may be selected and/or indicated by the instructor of the exercise class” 0062- wherein information for the current segment such as “10 min easy run” displayed in Fig. 4 above in claim 1, gives a suggestion by the instructor for a speed; 0066- wherein a desired speed or pace can be suggested by the instructor as an executable control, for example “6.0 minute mile pace” in Fig. 4 above in claim 1] 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 [Intonato: 0069- wherein the selection or indication by the instructor of the exercise class can be provided “either prior to the exercise class or during performance of the exercise class”; 0065- wherein executable controls may be provided during “particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; 0062- wherein exercise segments are described that can provide indication of an activity requirement or other requirement associated with a respective exercise segment of the selected exercise class].
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Intonato is silent to the temporary controls being representative of values plural selectable by the user, as Intonato displays figure 4 ‘executable controls 418’ as a miscellaneous window for various associations.
Evancha, in the same field of endeavor, teaches temporary controls being representative of values selectable by the user [Evancha: 0058- wherein window 418, as seen in Fig. 5, may show one or more executable controls for modifying a parameter of the exercise machine, specifically controls 420, 422, and 424 which correspond to jog, run, and sprint controls, respectively, for modifying a speed of the belt, wherein speed is the first operating parameter].
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Therefore, 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 control interface of Intonato to include the controls window and function thereof of Evancha for the benefit of providing the user with the parameter options for their workout all at once in a window [Evancha: 0058] especially as Intonato describes these same parameters and that there may be one or more executable controls, but just doesn’t display a figure that includes multiple controls at once [Intonato: 0066].
Claim 2: Intonato in view of Evancha teach the method as substantially claimed, see above, and Intonato further teaches wherein 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 is assumes a respective operating configuration to display fixed controls of a plurality of controls made available to the user on the display module of the control interface [Intonato: 0043- “the processor or other components of the digital hardware 148 may cause the display 104 to display a user interface 200 comprising a home screen that provides basic information about the system 100 and/or the exercise machine 102, as well as available options”; 0061- “the user interface 400 may be similar to and/or the same as the user interface 200 described above with respect to Fig. 2”; wherein a home screen provides options of a workout selection or beginning controls for a user, or in an alternative interpretation, the following describes wherein a workout segment begins and operating configurations are selected/set by an instructor, the program, or the user; 0062- wherein segments of the workout can be displayed and include indicia indicating an activity or equipment requirement, and “such segmented timelines 402 may also provide and/or otherwise include information 409 indicating the current segment or the exercise class and/or the current activity that the instructor is requesting the user 106 to perform”; 0065- wherein “executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class” wherein such executable controls may provide a corresponding performance command; 0066- wherein a user is able to modify parameters such as a speed of a belt in accordance with a desired goal identified by the instructor; therefore, in a beginning time segment of the exercise, which would be the start, the control interface is modified to show information of that segment, as well as provide playback information from the instructor of said workout].
Claim 3: Intonato in view of Evancha teach the method as substantially claimed, see above, and Intonato further teaches 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 respective operating configuration to display temporary controls representative of workout conditions selectable by the user on the display module of the control interface [Intonato: 0067- wherein executable controls 418 may include a vague control that can be customized, programmed, entered, and/or otherwise selected by the user before or during an exercise class; 0065- wherein said executable controls 418 “may be executable by a processor of the digital hardware 148 upon playback” and may appear for particular portions of an exercise class, where such controls can appear as “text windows, images, pop-up boxes, graphics, icons, or other visual content”; so the display will include a window for specific portions of an exercise with a command/control for the exercise state]. Evancha teaches the temporary controls being representative of values selectable by a user (as stated in claim 1).
Intonato is silent to temporary controls representative of initial workout difficulty levels selectable by the user.
Evancha, in the same field of endeavor, teaches displaying temporary controls representative of initial workout difficulty levels selectable by a user [Evancha: 0058- wherein “window 418 may include a “jog” executable control 420, a “run” executable control 422, a “sprint” executable control 424, and or other executable controls configured to modify a speed of the belt” and is able to receive input from the user while they’re participating in an exercise class using the exercise machine; wherein the controls ‘jog’, ‘run’, and ‘sprint’ are various levels of speed difficulty for a user to select for their workout, and setting the speeds for each of these difficulty levels is further described in at least paragraphs 0059-0063].
Therefore, 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 Intonato to include the window comprising temporary controls representative of initial workout difficulty levels of Evancha for the benefit of ease of use for the user as they can press a single button that associates with a specific speed difficulty while also enabling for the associated speed difficulty to be customized [Evancha: 0068]. It would also be obvious to include as Intonato does teach executable controls such as ‘jog’ and ‘run’, but is silent to showing them all at once in this window format for difficulty selection [Intonato: 0066]. The Office notes amended claim 1 now includes the combination of Intonato in view of Evancha, and this claim further displays that the plurality of temporary controls being display by Evancha are representative of different difficulty levels.
Claim 4: Intonato in view of Evancha teach the method as substantially claimed, see above, and Intonato further teaches wherein the step of dynamically modifying further comprises a step of automatically setting, at the end of a time interval corresponding to the operating configuration in which the user can select an initial workout difficulty level by the data processing unit, if the user has not made any selection, a first initial workout difficulty level [Intonato: 0062- wherein the segmented timeline 402 has segments 404 which correspond to parts of the exercise, wherein for example there is a “running segment” 404c; 0066- wherein the executable control 418 may be configured to modify a speed in accordance with a desired speed or pace identified by the instructor, so the instructor can set to relatively vague jog/run/sprint controls or to a specific pace desired for a specific segment; 0025- describes executable controls and settings may correspond to “verbal cues, suggestions, directions, comments, or other performance commands uttered by an instructor”; 0057- teaches instructors can set targets for user and “the system may allow the instructor to remotely adjust exercise machine settings for individual users”; wherein it is interpreted that an example “run” executable control could be enacted by the instructor during a “run” segment, and if a user doesn’t select a different difficulty level, the instructor would enable the executable control during the segment to keep with the workout; Evancha: 0058- wherein jog/run/sprint are the previously defined difficulty levels shown in window 418; 0060- wherein selected speed associated with jog, for example, may be associated with a warm-up period/segment of an exercise class].
Claim 5: Intonato in view of Evancha teach the method as substantially claimed, see above, and Evancha further teaches wherein the step of dynamically modifying comprises a step of removing, by the data processing unit, once the initial workout difficulty level has been set, the temporary controls representative of initial workout difficulty levels selectable by the user on the display module [Evancha: 0068- wherein “wherein window 418 may include an executable control 432 operable to close the window 418 such that the window 418) and the executable controls provided therein) is no longer displayed on the display 402”; so a user can select to remove the controls box once they have selected or no longer have a need to select a difficulty level for their workout, thus modifying the screen to remove the window].
Claim 8: Intonato in view of Evancha teach the method as substantially claimed, see above, and further teach 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 respective 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 [Intonato: 0066- wherein “one or more executable controls 418 of the present disclosure may be configured to modify an incline of the deck 112”; Evancha: 0064- wherein the window 418 as introduced in claim 6 “may also include a plurality of additional executable controls 426, 428, 430 and/or other executable controls configured to modify an incline of the deck 112”.
Claim 9: Intonato in view of Evancha teach the method as substantially claimed, see above, and Intonato further teaches wherein the step of dynamically modifying further comprises a step of indicating on the display module, by the data processing unit, based on the configuration instructions read together with the playing of the multimedia content, which of the temporary controls representative of values selectable by the user of a second operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content [Intonato: 0066- wherein a desired speed or pace can be suggested by the instructor as an executable control, for example “6.0 minute mile pace” in Fig. 4 above in claim 1; 0104- wherein an example of another specific performance command from an instructor is “go to a 5.0 incline”] for the phase of the set workout program that the user is performing in the set time interval that the multimedia content is at [Intonato: 0069- wherein the selection or indication by the instructor of the exercise class can be provided “either prior to the exercise class or during performance of the exercise class”; 0065- wherein executable controls may be provided during “particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; 0062- wherein exercise segments are described that can provide indication of an activity requirement or other requirement associated with a respective exercise segment of the selected exercise class].
Claim 10: Intonato in view of Evancha teach the method as substantially claimed, see above, and Intonato further teaches wherein, following the user selecting a value of said at least one first operating parameter, the step of dynamically modifying comprises a step of setting, by the data processing unit, the exercise machine as a function of the value of said at least one first operating parameter selected by the user [Intonato: 0066- wherein “an executable control 418 may be operable to modify a parameter of the exercise machine 102 while the user 106 is participating in an exercise class. For example, such an executable control 418 may be configured to modify a speed of the belt 120 in accordance with a desired speed or pace identified by the instructor” wherein speed, incline, resistance, cadence, etc. can be modified].
Intonato in view of Evancha are silent to an end of a time interval corresponding to the timing of a user selecting a parameter. It would be obvious to one of ordinary skill in the art to include a time limit for the selection process for the user as the workout of Intonato can be segmented, and so the segment the user is in (i.e., an easy run segment) would have desirable settings that wouldn’t be applicable to a later segment (i.e., a sprint segment), so the time interval would ideally be for the current segment. It would then be obvious that once a parameter, such as speed, has been selected, the exercise machine would begin its adjustment to that setting, as many current exercise machines on the market instantaneously adjust their parameters following input. Adjusting an exercise device following an instructional input for a setting change is known in the exercise device market.
Claim 11: Intonato in view of Evancha teach the method as substantially claimed, see above, and Intonato further teaches wherein, at an end of a time interval corresponding to the operating configuration in which the user can select a value of the second operating parameter, the step of dynamically modifying further comprises a step of setting, by the data processing unit, the exercise machine as a function of the value of the second operating parameter selected by the user [Intonato: 0066- wherein “an executable control 418 may be operable to modify a parameter of the exercise machine 102 while the user 106 is participating in an exercise class. For example, such an executable control 418 may be configured to modify a speed of the belt 120 in accordance with a desired speed or pace identified by the instructor” wherein speed, incline, resistance, cadence, etc. can be modified].
Intonato in view of Evancha are silent to an end of a time interval corresponding to the timing of a user selecting a parameter. It would be obvious to one of ordinary skill in the art to include a time limit for the selection process for the user as the workout of Intonato can be segmented, and so the segment the user is in (i.e., an easy run segment) would have desirable settings that wouldn’t be applicable to a later segment (i.e., a sprint segment), so the time interval would ideally be for the current segment. It would then be obvious that once a parameter, such as incline or speed, has been selected, the exercise machine would begin its adjustment to that setting, as many current exercise machines on the market instantaneously adjust their parameters following input. Adjusting an exercise device following an instructional input for a setting change is known in the exercise device market.
Claim 12: Intonato in view of Evancha teach the method as substantially claimed, see above, and further teach wherein the step of dynamically modifying comprises a step, by the data processing unit, once the value of the at least one first operating parameter has been set, the temporary controls representative of values selectable by the user of at least one first operating parameter can be altered [Intonato: 0066- “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”; 0065- “such executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class”; Evancha: 0068- wherein “wherein window 418 may include an executable control 432 operable to close the window 418 such that the window 418) and the executable controls provided therein) is no longer displayed on the display 402”; therefore the window comprising the operating parameters isn’t taught as a permanent element on the display; 0058- wherein window 418 can be overlaid on and/or otherwise displayed with the primary window, and includes both selections for the first and second parameter].
Intonato in view of Evancha do not teach shifting the temporary controls towards an outside of the display module so that they are partially visible.
Intonato does teach, however, that “various metric windows 412 may be presented anywhere on the display 104, and may be user selectable such that they can be displayed or removed by a screen touch or gesture” [Intonato: 0063] and further describes performance information can be displayed in various display bars that can be hidden or displayed as a group or individually [Intonato: 0064]. It can be noted that some of the metric windows as described by Intonato have small arrows that can be interpreted to push a window to the side (Intonato: see Fig. 4 above in claim 1). It would be obvious to one of ordinary skill in the art to modify the window 418 comprising the operating parameter selections [Evancha: 0058] so that it is movable and able to be displayed or removed as taught by Intonato. It would also be obvious that as such windows are movable, said window could be shifted from an inner position on the screen to an outer position on the screen.
Shifting windows on a screen is known in the art of display devices, videos, applications, etc. and therefore, shifting the window comprising the operating parameter selections would be done applying known techniques which would be obvious to try and yield predictable results. For example, various applications on a display include a side bar that can be toggled open and closed, and may close following a selection (for example, email applications have this for an inbox), or online videos may bring up menu options if pressed. It would be obvious to shift or toggle windows out of the way of a primary video to ensure a better visual of the primary workout or to ensure a user won’t accidentally select or change a setting if they happen to tap the screen. Therefore, as moving windows along a screen is known in the art of displays, and Intonato teaches windows that can be moved, it would be obvious to one of ordinary skill in the art to move or shift the parameter selection window to the side of the display to feature the primary video.
Claim 13: Intonato in view of Evancha teach the method as substantially claimed, see above, and further teach wherein the step of shifting, by the data processing unit, once the value of the at least one first operating parameter has been set, the temporary controls representative of values selectable by the user of at least one first operating parameter towards an outside of the display module so that they are partially visible [see claim 12 above for the teaching of this portion of the limitation].
Intonato in view of Evancha are silent to whether the operating parameter being partially visible entails that the indicated set value is visible or if the respective temporary controls are enabled to be pressed.
Similar to the discussion of claim 12, wherein the window of Evancha is taught as moveable in combination with the description of Intonato in view of known displays,  it would further be obvious to one of ordinary skill in the art that the window of Evancha being shifted to an outside of the display would leave a portion of the window that is shown on the touchscreen as enabled to be pressed. For example, when looking to an email application wherein the sidebar is toggled to the side, the inbox, sent items, deleted items, and commonly used icons are still accessible. A similar scenario can be seen when on YouTube on a browser, wherein the settings selection when pressed can display the specific parameter options offered, but otherwise provides just an icon that is enabled to be pressed. Therefore, it would be obvious to one of ordinary skill in the art that the window of Evancha would be enabled to be pressed as it was merely shifted to an outside of the screen and that it is known windows can be toggled to a side and still be engaged.
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Claim 14: Intonato in view of Evancha teach the method as substantially claimed, see above, and Intonato further teaches wherein the step of dynamically modifying comprises a step, by the data processing unit, once the value of the second operating parameter has been set, the temporary controls representative of values selectable by the user of a second operating parameter can be altered on the display module at a same time as the temporary controls representative of values selectable by the user of at least one first operating parameter [Intonato: 0066- “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”; 0065- “such executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class”; Evancha: 0068- wherein “wherein window 418 may include an executable control 432 operable to close the window 418 such that the window 418) and the executable controls provided therein) is no longer displayed on the display 402”; 0058- wherein window 418 can be overlaid on and/or otherwise displayed with the primary window, and includes both selections for the first and second parameter (speed and incline); therefore the window comprising the operating parameters isn’t taught as a permanent element on the display and can be modified, as well as both the first and second parameter selections being within the same window so they would move together].
Intonato in view of Evancha do not teach shifting the temporary controls towards an outside of the display module so that they are partially visible.
Intonato does teach, however, that “various metric windows 412 may be presented anywhere on the display 104, and may be user selectable such that they can be displayed or removed by a screen touch or gesture” [Intonato: 0063] and further describes performance information can be displayed in various display bars that can be hidden or displayed as a group or individually [Intonato: 0064]. It can be noted that some of the metric windows as described by Intonato have small arrows that can be interpreted to push a window to the side (Intonato: see Fig. 4 above in claim 1). It would be obvious to one of ordinary skill in the art to modify the window 418 comprising the operating parameter selections [Evancha: 0058] so that it is movable and able to be displayed or removed as taught by Intonato. It would also be obvious that as such windows are movable, said window could be shifted from an inner position on the screen to an outer position on the screen.
Shifting windows on a screen is known in the art of display devices, videos, applications, etc. and therefore, shifting the window comprising the operating parameter selections would be done applying known techniques which would be obvious to try and yield predictable results. For example, various applications on a display include a side bar that can be toggled open and closed, and may close following a selection (for example, email applications have this for an inbox), or online videos may bring up menu options if pressed. It would be obvious to shift or toggle windows out of the way of a primary video to ensure a better visual of the primary workout or to ensure a user won’t accidentally select or change a setting if they happen to tap the screen. Therefore, as moving windows along a screen is known in the art of displays, and Intonato teaches windows that can be moved, it would be obvious to one of ordinary skill in the art to move or shift the parameter selection window to the side of the display to feature the primary video.
Claim 15: Intonato in view of Evancha teach the method as substantially claimed, see above, and Intonato further teaches wherein the step of shifting, by the data processing unit, once the value of the second operating parameter has been set, the temporary controls representative of values selectable by the user of a second operating parameter towards an 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 so that they are partially visible [see claim 14 above for the teaching of this portion of the limitation].
Intonato in view of Evancha are silent to whether the operating parameter being partially visible entails that the indicated set value is visible or if the respective temporary controls are enabled to be pressed.
Similar to the discussion of claim 14, wherein the window of Evancha is taught as moveable in combination with the description of Intonato in view of known displays,  it would further be obvious to one of ordinary skill in the art that the window of Evancha being shifted to an outside of the display would leave a portion of the window that is shown on the touchscreen as enabled to be pressed. For example, when looking to an email application wherein the sidebar is toggled to the side, the inbox, sent items, deleted items, and commonly used icons are still accessible. A similar scenario can be seen when on YouTube on a browser, wherein the settings selection when pressed can display the specific parameter options offered, but otherwise provides just an icon that is enabled to be pressed. Therefore, it would be obvious to one of ordinary skill in the art that the window of Evancha would be enabled to be pressed as it was merely shifted to an outside of the screen and that it is known windows can be toggled to a side and still be engaged (see Figures above in claim 13).
Claim 16: Intonato in view of Evancha teach the method as substantially claimed, see above, and further teach wherein the step of dynamically modifying further comprises, by the data processing unit, the temporary controls representative of values selectable by the user of at least one first operating parameter on the display module enabled to be pressed, in response to a touch made by the user anywhere on the display module [Intonato: 0035- wherein the display may comprise a touch screen or be able to receive input from the user; 0063- wherein metric windows may be presented anywhere on the display, and may be displayed or removed by a screen touch or gesture by a user; Evancha: 0058- wherein the windows 418 can be overlaid on/or otherwise displayed with the primary window; wherein it was explained in claim 12 wherein it’d be obvious to modify the window of Evancha to include the movability of the metric windows described by Intonato and as such, the window of Evancha comprising the temporary controls would be able to be displayed or removed by a screen touch or gesture].
Intonato in view of Evancha are silent to laterally shifting the temporary controls towards an inside of the display module in response to a touch made on the display module.
It would have been obvious to one of ordinary skill in the art to laterally shift the window comprising the temporary controls towards an inside of the display module in response to a touch made on a display module as the art of displays and user interfaces comprise means of doing so in multiple scenarios. For example, when referencing the email figures in claim 13, when the arrow at the top is pressed, the menu window is toggled towards the center from its scaled down position to display the full options. There is a similar scenario wherein a YouTube video may have the primary video content as the full screen, but upon pressing the video can bring up a menu of selections. Therefore, it would have been obvious to one of ordinary skill in the art to modify the control interface and temporary controls of Intonato in view of Evancha to include the lateral shifting as taught in the examples of control interfaces and displays as it would have been obvious to try as the windows have already been taught to be able to move and be displayed or hidden, and so moving said window towards a center from a previous position would be a predictable act if there was a desire to alter the primary focus on the interface.
Claim 17: Intonato in view of Evancha teach the method as substantially claimed, see above, and  further teach wherein the step of dynamically modifying further comprises, by the data processing unit, the temporary controls representative of values selectable by the user of a second operating parameter on 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, enabled to be pressed in response to a touch made by the user anywhere on the display module [Intonato: 0035- wherein the display may comprise a touch screen or be able to receive input from the user; 0063- wherein metric windows may be presented anywhere on the display, and may be displayed or removed by a screen touch or gesture by a user; Evancha: 0058- wherein the windows 418 can be overlaid on/or otherwise displayed with the primary window; wherein it was explained in claim 12 wherein it’d be obvious to modify the window of Evancha to include the movability of the metric windows described by Intonato and as such, the window of Evancha comprising the temporary controls would be able to be displayed or removed by a screen touch or gesture; wherein it was determined in claim 14 that the window 418 of Evancha comprises both the first and second parameter and so they would move together].
Intonato in view of Evancha are silent to laterally shifting the temporary controls towards an inside of the display module in response to a touch made on the display module.
It would have been obvious to one of ordinary skill in the art to laterally shift the window comprising the temporary controls towards an inside of the display module in response to a touch made on a display module as the art of displays and user interfaces comprise means of doing so in multiple scenarios. For example, when referencing the email figures in claim 13, when the arrow at the top is pressed, the menu window is toggled towards the center from its scaled down position to display the full options. There is a similar scenario wherein a YouTube video may have the primary video content as the full screen, but upon pressing the video can bring up a menu of selections. Therefore, it would have been obvious to one of ordinary skill in the art to modify the control interface and temporary controls of Intonato in view of Evancha to include the lateral shifting as taught in the examples of control interfaces and displays as it would have been obvious to try as the windows have already been taught to be able to move and be displayed or hidden, and so moving said window towards a center from a previous position would be a predictable act if there was a desire to alter the primary focus on the interface.
Independent claim 18: Intonato discloses an exercise machine (102 exercise machine, Fig. 2 above in claim 1) comprising:
a data processing unit (148 digital hardware, Fig. 2 above in claim 1) [0035- “The digital hardware 148 may include digital storage (e.g., a hard drive or other such memory), or more processors];
a control interface (400 user interface, see Fig. 4 above in claim 1), operationally connected to the data processing unit, comprising a display module [0040- “one or more user interfaces 200 displayed on the display 104”; 0061- “the user interface 400 may be similar to and/or the same as the user interface 200 described above with respect to Fig. 2”; 0065- wherein the user interface 400 may include executable controls “executable by a processor of the digital hardware 148”];
the data processing unit being configured to perform a method [0035- wherein the one or more processors included in the digital hardware 148 “may be programmed to perform operations in accordance with rules, programs, or other instructions of the control logic” and may communicate with user input] comprising:
providing multimedia content of a personal trainer preparatory to the performance of a set workout program on the exercise machine [0061- wherein “an exercise class is being displayed, played back, and/or otherwise provided via the one or more displays 104 through the user interface 400”; 0063- wherein the user interface 400 is configured to show “the live or archived exercise class or other content” selected, see also Fig. 4 above in claim 1], which can be consumed by a user through the control interface of the exercise machine [0061- wherein the user interface 400 may be provided to the user during a selected exercise class, and said exercise class is “provided via the one or more displays 104 through the user interface”];
associating configuration instructions (418 one or more executable controls, Fig. 4 above in claim 1) [0065- “the user interface 400 may also include one or more executable controls 418”] of the exercise machine with the multimedia content, which can be read by the data processing unit of the exercise machine, synchronized with playing of the multimedia content [0066- “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”; 0065- “such executable controls 418 may be executable by a processor of the digital hardware 148 upon playback of a video file comprising audio and/or video content of an exercise class”];
during the consumption of the multimedia content, if an instant of playing time falls within a set time interval [0062- “an example segmented timeline 402 may include one or more segments” 404, and “the segmented timeline 402 may also provide an indication 406 of elapsed time and/or remaining time for the present workout segment and/or for the exercise class generally”] provided by the configuration instructions of the exercise machine, dynamically modifying, based on the configuration instructions of the exercise machine, the control interface of the exercise machine so that it takes a respective operating configuration corresponding to the set time interval reached by the multimedia content [0062- wherein such segmented timelines may include “one or more lists or windows identifying and/or describing upcoming workout segments or features, instructional information such as graphics or videos demonstrating how to properly perform exercise, or other information relevant to the exercise class in progress”; 0065- “the processor of the digital hardware 148 may provide one or more such executable controls 418 during particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; wherein controls displayed upon the user interface are altered throughout exercise class portions],
in said respective operating configuration, showing the user, on the display module of the control interface, temporary controls made available by the control interface and enabled to be used by the user through the control interface in said respective operating configuration [0065- “such executable controls 418 may comprise pop-up messages or other means by which the instructor may enhance engagement with exercise class participants”; 0066- “such relatively vague executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class using the exercise machine 102, and may be operable to modify the speed of the belt 120 and/or other settings or parameters of the exercise machine 102 based at least in part on such an input”; 0064- wherein “the user interface 400 may allow the user 106 to hide or display information elements”; 0070- wherein “such example executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class using the exercise machine 102, and such executable controls may be operable to modify the corresponding parameter of the exercise machine 102 based at least in part on such an input”];
setting 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 respective operating configuration [0070- wherein “executable controls may be configured to receive one or more inputs from the user 106 while the user 106 is participating in an exercise class sing the exercise machine 102, and such executable controls may be operable to modify the corresponding parameter of the exercise machine 102 based at least in part on such an input”] ;
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 [0061- wherein information elements are presented on the display of the user interface which are related to the activity being performed during segments of the exercise class; 0065- wherein executable controls are executable by a processor of the digital hardware upon playback of a video file of an exercise class and said controls may correspond to a performance command and include physical indicia], to modify the control interface so that it assumes a respective operating configuration to display on the display module temporary controls selectable by the user of at least one first operating parameter of the exercise machine [0066- wherein a first operating parameter is a desired speed or pace, and “the user interface 400 may include one or more relatively specific and/or relatively descriptive executable controls 418 indicating a particular setting of the exercise machine 102 that will be implemented in response to an input received via the executable control 418”, and such parameters can be modified during an exercise class; 0067- wherein “a relatively vague “jog” executable control 418 may be associated with a first speed of the belt 120” and the speed that correlates with “jog” may be selected by a user via their profile, or before or during the current exercise class; 0065 & 0066- wherein “the processor of the digital hardware 148 may provide one or more such executable controls 418 during particular portions of the exercise class” and may or may not be configured to receive input from a user; therefore a general instructive control such as “jog” may require input from a user for a specific value, and once the input is obtained, the visual content of the request would no longer be needed]; and
wherein the step of dynamically modifying further comprises a step of indicating on the display module, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, 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 [Intonato: 0069- wherein “a speed of the belt 120 corresponding to such a relatively vague “jog” executable control 418 may be selected and/or indicated by the instructor of the exercise class” 0062- wherein information for the current segment such as “10 min easy run” displayed in Fig. 4 above in claim 1, gives a suggestion by the instructor for a speed; 0066- wherein a desired speed or pace can be suggested by the instructor as an executable control, for example “6.0 minute mile pace” in Fig. 4 above in claim 1] 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 [Intonato: 0069- wherein the selection or indication by the instructor of the exercise class can be provided “either prior to the exercise class or during performance of the exercise class”; 0065- wherein executable controls may be provided during “particular portions of the exercise class at which an instructor utters and/or otherwise provides a corresponding performance command”; 0062- wherein exercise segments are described that can provide indication of an activity requirement or other requirement associated with a respective exercise segment of the selected exercise class].
Intonato is silent to the temporary controls being representative of values plural selectable by the user, as Intonato displays figure 4 ‘executable controls 418’ as a miscellaneous window for various associations.
Evancha, in the same field of endeavor, teaches temporary controls being representative of values selectable by the user [Evancha: 0058- wherein window 418, as seen in Fig. 5, may show one or more executable controls for modifying a parameter of the exercise machine, specifically controls 420, 422, and 424 which correspond to jog, run, and sprint controls, respectively, for modifying a speed of the belt, wherein speed is the first operating parameter].
Therefore, 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 control interface of Intonato to include the controls window and function thereof of Evancha for the benefit of providing the user with the parameter options for their workout all at once in a window [Evancha: 0058] especially as Intonato describes these same parameters and that there may be one or more executable controls, but just doesn’t display a figure that includes multiple controls at once [Intonato: 0066].
Response to Arguments
Applicant's arguments filed 12/15/2023 have been fully considered but they are not persuasive.
In regards to the arguments against the rejection of claims 1-5 and 8-18 under 35 U.S.C. 101, they are insufficient as elements cited by Applicant on page 14 of their remarks (12/15/2023) are either generic elements (an exercise machine, a control interface, a data processing unit, a display module) or a component (multimedia content) that would not be an advancement over the 101. As the few components are generic or components, it has not amounted to the significantly more. The amendments did not appear to include any additional structure, and thus the rejection remains.
In regards to the arguments of the prior art rejection, wherein the Office notes limitations of claims 6 and 7 have been introduced into both independent claims 1 and 18 (claims 6 and 7 having previously been rejection under 35 U.S.C. 103), they are not sufficient in overcoming the prior art of record. Specifically, Applicant states (pages 16-19 of remarks filed 12/15/2023) the objective of claim 1 is to provide a method for controlling a control interface of an exercise machine which allows said machine to be “intuitive, versatile, and simple as possible”. It is argued that a person of skill in the art wouldn’t come to the method of claim 1 based on Intonato and Evancha as the combination of references only provides the user with a single box with a value to be selected by the user, wherein Intonato showing “jog”, “run”, and “sprint” doesn’t include an indication of a corresponding value. The Office argues it is never defined the corresponding value is a numerical value, and Intonato describes various operating parameters the combination of references would be obvious to modify the window comprising the temporary controls of Intonato to include additional operating parameters as Intonato is capable of having more than one, so displaying them in one area would be beneficial.
Further, they argue that the references provide the personal trainer instruction in a different window rather than in the same window the selectable operation modes are in, thus creating difficulty for a user that has to shift their gaze. Applicant is arguing narrower than claimed. The Office notes that lines 43-47 state that it is indicated “on the display module which of the temporary controls … is suggested by the personal trainer”, and that the indication does not need to be provided on one of the temporary controls, just on the display module. Therefore, it is not required that instructor suggestions and the temporary controls be listed in one window.
In regards to the argument about the personal trainers’ suggestions to an executable control, the Office believes an indication such as “10 MIN EASY RUN” would indicate a user to select the “run” executable control, and that personal trainer suggestions can vary, and not every user engagement from the personal trainer must result in an executable action (as some can be for means of encouragement).
The Office also aims to further clarify that the operating parameter is the speed (first) and slope (second) of the deck (although Intonato states other parameters of the exercise machine that associated with incremental increase or decreases could be used), and that the temporary controls are the selectable values, with those values being “jog”, “sprint”, “run”, and with Evancha, the slope numerical values. As Intonato teaches that operating parameters are associated with incremental increases or decreases, it would be obvious to one of ordinary skill in the art that jog, sprint, run, are incremental stages, and that the incremental values could apply to other parameters.
Further, Intonato describes in paragraph 0069 that the speed associated with, for example, the ““jog” control may comprise a mean, median, or mode belt speed included in user data received”. So, although Applicant argues descriptions such as ‘jog’ don’t constitute a value, it is never claimed that is must be a numerical value, and if is intended to be a numerical value, Intonato states that the short name controls are related to a numerical speed value, and that “relatively vague, nebulous, or nondescript executable controls 418 described herein may be configured in a similar fashion”.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.  Accordingly, THIS ACTION IS MADE FINAL.  See MPEP § 706.07(a).  Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.  In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.  In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.

CITED REFERENCE SUMMARIES: Ref US20190111318A1: Claims:
A method, comprising: receiving, with a processor associated with an exercise machine, electronic content via a network, the electronic content comprising an exercise class; receiving, with the processor, user data associated with a user participating in the exercise class using the exercise machine; generating, with the processor, an executable control for a user interface based at least in part on the user data; and providing the executable control, via a display of the exercise machine, while the user is participating in the exercise class, wherein the executable control is operable to modify a parameter of the exercise machine while the user is participating in the exercise class.
receiving, with a processor associated with an exercise machine, electronic content via a network, the electronic content comprising an exercise class;
receiving, with the processor, user data associated with a user participating in the exercise class using the exercise machine;
generating, with the processor, an executable control for a user interface based at least in part on the user data; and
providing the executable control, via a display of the exercise machine, while the user is participating in the exercise class, wherein the executable control is operable to modify a parameter of the exercise machine while the user is participating in the exercise class.
The method of claim 1 , wherein the exercise machine comprises a first treadmill, the exercise class comprises a running class performed by an instructor at least partially on a second treadmill, and the user data indicates at least one of a speed of a belt associated with a deck of the first treadmill, and an incline of the deck.
a speed of a belt associated with a deck of the first treadmill, and
an incline of the deck.
The method of claim 1 , wherein the exercise class comprises a first class of a plurality of exercise classes, and the user data comprises first user data, the method further comprising: receiving, with the processor, second user data associated with the user participating in a second exercise class of the plurality of exercise classes; determining that the first user data, combined with the second user data, comprises greater than a minimum amount of user data; and generating the executable control based at least in part on determining that the first user data, combined with the second user data, comprises greater than the minimum amount of user data.
receiving, with the processor, second user data associated with the user participating in a second exercise class of the plurality of exercise classes;
determining that the first user data, combined with the second user data, comprises greater than a minimum amount of user data; and
generating the executable control based at least in part on determining that the first user data, combined with the second user data, comprises greater than the minimum amount of user data.
The method of claim 3 , wherein the first exercise class has a first duration, the method further comprising: determining that the first user data corresponds to a first length of time within the duration; determining that the second user data corresponds to a second length of time greater than or equal to the first length of time; determining that the first length of time exceeds a threshold length of time; and generating the executable control based at least in part on determining that the first length of time exceeds the threshold length of time.
determining that the first user data corresponds to a first length of time within the duration;
determining that the second user data corresponds to a second length of time greater than or equal to the first length of time;
determining that the first length of time exceeds a threshold length of time; and
generating the executable control based at least in part on determining that the first length of time exceeds the threshold length of time.
The method of claim 1 , wherein the executable control comprises a first executable control having a first setting corresponding to the parameter, the method further comprising: providing a second executable control, via the display and while the user is participating in the exercise class, wherein the second executable control is operable to modify the parameter of the exercise machine, the second executable control having a second setting corresponding to the parameter; and determining that a difference between the first setting and the second setting exceeds a threshold, wherein the first executable control is provided based at least in part on the difference.
providing a second executable control, via the display and while the user is participating in the exercise class, wherein the second executable control is operable to modify the parameter of the exercise machine, the second executable control having a second setting corresponding to the parameter; and
determining that a difference between the first setting and the second setting exceeds a threshold, wherein the first executable control is provided based at least in part on the difference.
The method of claim 1 , wherein the exercise class is characterized by a level of difficulty requirement, and the executable control includes a setting, the method further comprising: determining that the setting satisfies the level of difficulty requirement, wherein the executable control is provided based at least in part on determining that the setting satisfies the level of difficulty requirement.
determining that the setting satisfies the level of difficulty requirement, wherein the executable control is provided based at least in part on determining that the setting satisfies the level of difficulty requirement.
The method of claim 1 , wherein the exercise class comprises at least one exercise segment characterized by an activity requirement, and the executable control includes a setting, the method further comprising: determining that the setting satisfies the activity requirement of the at least one segment, wherein providing the executable control comprises providing the executable control while the user is participating in the at least one exercise segment and based at least in part on determining that the setting satisfies the activity requirement.
determining that the setting satisfies the activity requirement of the at least one segment, wherein providing the executable control comprises providing the executable control while the user is participating in the at least one exercise segment and based at least in part on determining that the setting satisfies the activity requirement.
The method of claim 1 , wherein the executable control comprises a component of the user interface, the executable control being configured to: receive a touch input from the user via the display, and modify the parameter of the exercise machine, while the user is participating in the exercise class, based at least in part on the touch input, wherein the parameter of the exercise machine comprises at least one of a speed of a belt associated with a deck of the exercise machine, and an incline of the deck.
receive a touch input from the user via the display, and
modify the parameter of the exercise machine, while the user is participating in the exercise class, based at least in part on the touch input, wherein the parameter of the exercise machine comprises at least one of a speed of a belt associated with a deck of the exercise machine, and an incline of the deck.
a speed of a belt associated with a deck of the exercise machine, and
The method of claim 1 , wherein the executable control includes a setting corresponding to the parameter, the method further comprising: receiving a touch input via the display, the touch input being indicative of a requested modification to the setting of the executable control; and modifying the setting of the executable control, based at least in part on the touch input, during the exercise class.
receiving a touch input via the display, the touch input being indicative of a requested modification to the setting of the executable control; and
modifying the setting of the executable control, based at least in part on the touch input, during the exercise class.
The method of claim 1 , further comprising associating the executable control, in a memory associated with the processor, with a user profile unique to the user, the user profile being configured such that, when the user profile is accessed on an additional exercise machine, the executable control may be provided, via a display of the additional exercise machine, as the user participates in an additional exercise class.
the user profile being configured such that, when the user profile is accessed on an additional exercise machine, the executable control may be provided, via a display of the additional exercise machine, as the user participates in an additional exercise class.
An exercise machine, comprising: a processor operably connected to a network; a display operably connected to the processor and configured to display electronic content received, by the processor, via the network; a deck configured to move relative to a surface supporting the exercise machine; a belt rotatable about the deck; a first motor operably connected to the processor and configured to drive the belt; and a second motor operably connected to the processor and configured to change a position of the deck relative to the support surface, wherein the processor is configured to: cause display of the electronic content via the display, the electronic content comprising an exercise class, receive user data associated with a user participating in the exercise class using the exercise machine, generate an executable control based at least in part on the user data, and provide the executable control, via the display, while causing the display of the electronic content, wherein the executable control is operable to modify a parameter of the exercise machine.
a processor operably connected to a network;
a display operably connected to the processor and configured to display electronic content received, by the processor, via the network;
a deck configured to move relative to a surface supporting the exercise machine;
a belt rotatable about the deck;
a first motor operably connected to the processor and configured to drive the belt; and
a second motor operably connected to the processor and configured to change a position of the deck relative to the support surface, wherein the processor is configured to: cause display of the electronic content via the display, the electronic content comprising an exercise class, receive user data associated with a user participating in the exercise class using the exercise machine, generate an executable control based at least in part on the user data, and provide the executable control, via the display, while causing the display of the electronic content, wherein the executable control is operable to modify a parameter of the exercise machine.
cause display of the electronic content via the display, the electronic content comprising an exercise class,
receive user data associated with a user participating in the exercise class using the exercise machine,
generate an executable control based at least in part on the user data, and
provide the executable control, via the display, while causing the display of the electronic content, wherein the executable control is operable to modify a parameter of the exercise machine.
The exercise machine of claim 11 , wherein the processor is further configured to: receive an input, via the display, indicating a selection of the exercise class, the exercise class comprising a running class performed by an instructor at least partially on a treadmill; and based at least partly on the input, provide a request to an additional processor via the network, the request comprising a request for the exercise class.
receive an input, via the display, indicating a selection of the exercise class, the exercise class comprising a running class performed by an instructor at least partially on a treadmill; and
based at least partly on the input, provide a request to an additional processor via the network, the request comprising a request for the exercise class.
The exercise machine of claim 11 , further comprising a sensor, wherein the sensor is configured to detect at least one of a speed of the belt and a position of the deck relative to the support surface, and wherein the user data comprises the at least one of the speed of the belt and the position of the deck.
The exercise machine of claim 11 , wherein the executable control comprises a first executable control having a first setting corresponding to the parameter, and wherein the processor is further configured to: provide a second executable control, via the display and while the user is participating in the exercise class, wherein the second executable control is operable to modify the parameter of the exercise machine while the user is participating in the exercise class, the second executable control having a second setting corresponding to the parameter; determine that a difference between the first setting and the second setting is less than a threshold; and based at least in part on the difference, modify the first setting of the first executable control.
provide a second executable control, via the display and while the user is participating in the exercise class, wherein the second executable control is operable to modify the parameter of the exercise machine while the user is participating in the exercise class, the second executable control having a second setting corresponding to the parameter;
determine that a difference between the first setting and the second setting is less than a threshold; and
based at least in part on the difference, modify the first setting of the first executable control.
The exercise machine of claim 11 , wherein the exercise class is characterized by a level of difficulty requirement, the executable control includes a setting corresponding to the parameter, and the processor is further configured to: determine that the setting does not satisfy the level of difficulty requirement; and based at least in part on determining that the setting does not satisfy the level of difficulty requirement, modify the setting of the executable control.
determine that the setting does not satisfy the level of difficulty requirement; and
based at least in part on determining that the setting does not satisfy the level of difficulty requirement, modify the setting of the executable control.
The exercise machine of claim 11 , wherein the exercise class comprises a first exercise class of a plurality of exercise classes, the user data comprises first user data, the executable control includes a setting corresponding to the parameter, and processor is further configured to: receive second user data associated with the user participating in a second exercise class of the plurality of exercise classes using the exercise machine; generate the executable control based at least in part on the first user data and the second user data; and associate the executable control, in a memory associated with the processor, with a user profile unique to the user.
receive second user data associated with the user participating in a second exercise class of the plurality of exercise classes using the exercise machine;
generate the executable control based at least in part on the first user data and the second user data; and
associate the executable control, in a memory associated with the processor, with a user profile unique to the user.
A method, comprising: capturing audio content and video content corresponding to an exercise class being performed by an instructor, the exercise class being performed at least partially on a first exercise machine; generating a video file comprising the audio content and the video content; generating an executable control corresponding to the exercise class, the executable control being operable to modify a parameter of a second exercise machine; associating the executable control with the video file such that playback of at least part of the video file by a processor of the second exercise machine, via a display of the second exercise machine, results in display of the executable control; and providing the control, with the video file, to the processor of second exercise machine via a network.
capturing audio content and video content corresponding to an exercise class being performed by an instructor, the exercise class being performed at least partially on a first exercise machine;
generating a video file comprising the audio content and the video content;
generating an executable control corresponding to the exercise class, the executable control being operable to modify a parameter of a second exercise machine;
associating the executable control with the video file such that playback of at least part of the video file by a processor of the second exercise machine, via a display of the second exercise machine, results in display of the executable control; and
providing the control, with the video file, to the processor of second exercise machine via a network.
The method of claim 17 , further comprising: identifying a verbal command from the instructor included in the audio content, the command corresponding to the parameter of the second exercise machine; and generating the executable control based at least in part on the command.
identifying a verbal command from the instructor included in the audio content, the command corresponding to the parameter of the second exercise machine; and
generating the executable control based at least in part on the command.
The method of claim 18 , further comprising identifying a timestamp associated with the command, wherein associating the executable control with the video file comprises linking the executable control to a part of the video file corresponding to the timestamp.
The method of claim 18 , further comprising identifying the verbal command via natural language processing, and using an additional processor separate from the processor of the second exercise machine.
Ref US20140194248A1: Claims:
A method of controlling an exercise apparatus, the method comprising: a. controlling a touch screen to display an information field thereon; b. graphically displaying an input zone having a plurality of sensing areas in the information field; c. touching a first sensing area of the input zone; d. displaying a first tag in the information field associated with the first sensing area of the input zone and displaying a first speed value corresponding to the first sensing area of the input zone; e. operating the exercise apparatus using the first speed value; f. touching a second sensing area of the input zone, relocating the first tag associated with the second sensing area of the input zone; g. displaying a second speed value corresponding to the second sensing area of the input zone; h. having a step to determine if the difference between the first and second speed values are greater than a predetermined value; i. displaying a confirmation query in the information field awaiting for confirmation if the difference between the first and second speed values is greater than 3 miles per hours; j. receiving positive control associated with the confirmation query in the information field; k. operating the exercise apparatus from a first condition using the first speed value to a second condition using the second speed value; l. displaying a second tag associated with the first sensing area of the input zone; m. touching the second tag; n. relocating the first tag associated back with the first sensing area of the input zone; o. relocating the second tag associated with the second sensing area of the input zone; p. displaying the first speed value corresponding to the 
[Truncated to input limit]