Office Action 3: Non-Final Rejection (2024-09-27)
Rejection types: 101 - Patent-Eligible Subject Matter, 103 - Obviousness, 112 - Written Description/Enablement

CLAIMS:
AMENDMENTS TO THE CLAIMS

Please amend the claims as follows. The following Listing of the Claims replaces all previous versions. Because the Advisory Action of July 1, 2024 indicated that the previously submitted amendments have not been entered, mark-ups are shown to the claims as of the Final Office Action of March 25, 2024.

Listing of the Claims

Response dated July 23, 2024

1\. (currently amended) A method for controlling a control interface of an exercise machine during the consumption of multimedia content, the method comprising:
providing multimedia content of a personal trainer preparatory to a performance of a set workout program on the exercise machine, configured to be consumed by a user through the control interface of the exercise machine;
associating configuration instructions of the exercise machine with the multimedia content, which can be read by a data processing unit of the exercise machine, synchronized with playing of the multimedia content;
             machinc, the. control . . interfceofthe. excrcis c machin c o thati LetL'. timeintrvareached by theLmul .i..... content a step of dynamically modifying, via the data processing unit, wherein if an instant of playing time falls within a set time interval provided by the configuration instructions, the control interface is

Response dated July 23, 2024 dynamically modified so that it takes a first operating configuration corresponding to a set time interval reached by the multimedia content; \[\[,\]\] in said respective first operating configuration, simultaneously showing the user, by the data processing unit, on a display module of the control interface, a plurality of 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; andphysically setting, by the data processing unit, the exercise machine based on the temporary controls made available by the control interface and selected by the user through the control interface in said first operating configuration;wherein the step of dynamically modifying is performed, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, to modify the control interface so that it assumes a second operating configuration to simultaneously display on the display module a plurality of temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine, each of the temporary controls showing the corresponding value\[\[,\]\]SVG {EMBED HERE} 0.1170.10 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 Page 3 of 21SVG {EMBED HERE} 0.1370.29

Response dated July 23, 2024 the set workout program that the user is performing in the set time interval that the multimedia content is wherein said exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength exercise machine, or a station for practicing boxing.

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

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

4\. (currently amended) The method of claim 3, wherein the step of dynamically modifying further comprises a step of automatically setting, at an end of a time interval corresponding to the third operating configurationin which the user can : eclect an initialworkout difficulty lcycl, \[ \[by\] \] via the data processing unit, wherein if the user has not made any selection, a first initial workout difficulty level, whercin if the user has not made any Page 4 of 21

Response dated July 23, 2024 oclection, the first initial workout difficulty levcl will be set automatically.

5\. (currently amended) The method of claim 3, wherein the step of dynamically modifying comprises a step of removing, \[\[by\]\] via the data processing unit, once the initial workout difficulty level has been \[\[set\]\] selected,wherein the temporary controls representative of the initial workout difficulty levels selectable by the user on the display module are removed.

6\. (cancelled)

7\. (cancelled)

8\. (currently amended) The method of claim \[\[6\]\] 1, wherein the step of dynamically modifying is performed, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content to dynamically modify the control interface so that it takes a third operating configuration to display on the display module temporary controls representative of values selectable by the user of a second operating parameter of the exercise machine.

9\. (previously presented) The method of claim 8, wherein the step of dynamically modifying further comprises a step of indicating, by the data processing unit, based on the configuration instructions read together with the playing of the multimedia content, wherein it is indicated on the display module which of the temporary controls representative of values selectable by the Page 5 of 21

Response dated July 23, 2024 user of the second operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content for the phase of the set workout program that the user is performing in the set time interval that the multimedia content is at.

10\. (currently amended) The method of claim \[\[6\]\] 1, wherein, at an end of the time interval corresponding to the second operating configuration in which the user can clct a value of 3aid at least , the step of dynamically modifying comprises a step of setting the exercise machine, by the data processing unit, wherein the exercise machine is set as a function of the value of said at least one first operating parameter selected by the user.

11\. (cancelled)

12\. (currently amended) The method of claim \[\[6\]\] 1, wherein the step of dynamically modifying comprises a step of shifting, by the data processing unit, once the value of the at least one first operating parameter has been set, wherein the temporary controls representative of values selectable by the user of the at least one first operating parameter are shifted towards an outside of the display module so that they are partially visible.

13\. (cancelled)

14\. (currently amended) 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 \[\[set\]\] selected, wherein the temporary controls representative of values selectable by the user of the second Page 6 of 21

Response dated July 23, 2024 operating parameter are shifted towards an outside of the display module at a same time as the temporary controls representative of values selectable by the user of the at least one first operating parameter so that they are partially visible.

15\. (currently amended) 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 \[\[set\]\] selected, wherein the temporary controls representative of values selectable by the user of the second operating parameter are shifted towards the outside of the display module at the same time as the temporary controls representative of values selectable by the user of at least one first operating parameter are shifted so that they are partially visible is executed indicating the set values and/or leaving the respective temporary controls enabled to pressure.

16\. (previously presented) The method of claim 12, wherein the step of dynamically modifying further comprises a step of laterally shifting, by the data processing unit, wherein the temporary controls representative of values selectable by the user of the at least one first operating parameter are laterally shifted towards an inside of the display module enabling them to be pressed, in response to a touch made by the user anywhere on the display module.
17\. (previously presented) The method of claim 14, wherein the step of dynamically modifying further comprises a step of laterally shifting, by the data processing unit, wherein the temporary controls representative of values selectable by the user of the second operating parameter are laterally shifted towards the inside of the display module at the same time as the temporary Page 7 of 21

Response dated July 23, 2024 controls representative of values selectable by the user of the at least one first operating parameter, enabling them to be pressed in response to a touch made by the user anywhere on the display module.

18\. (currently amended) An exercise machine comprising:a data processing unit;
a control interface, operationally connected to the data processing unit, comprising a display module;
the data processing unit being configured to perform:providing a m ul time diua c(4.ofLLA..La peronaltr( ain er SVG {EMBED HERE} 0.0770.17 SVG {EMBED HERE} 0.0770.167SVG {EMBED HERE} 0.0970.173 SVG {EMBED HERE} 0.0770.17 SVG {EMBED HERE} 0.0770.167 SVG {EMBED HERE} 0.0770.17 SVG {EMBED HERE} 0.0970.173 SVG {EMBED HERE} 0.0970.173 otatitkKreJuopcotiveopetin W±.g configuration SVG {EMBED HERE} 0.0770.17
insaid repctivc oprain .g configuratio n, (hoingthe

Response dated July 23, 2024thro\_ ugh the,contlinterfa, uce insaidrespecti ve operatinlg the, exercise m;achin~creadtogether.lwithlthe,play1in~g of\_ the,
mulimedliacuntn,toifthe.x±11L±contol.viiterfaie..sotht.it providing multimedia content of a personal trainer preparatory to a performance of a set workout program on the exercise machine, configured to be consumed by a user through the control interface of the exercise machine;
associating configuration instructions of the exercise machine with the multimedia content, which can be read by a data processing unit of the exercise machine, synchronized with playing of the multimedia content;
a step of dynamically modifying, via the data processing unit,

Response dated July 23, 2024 wherein if an instant of playing time falls within a set time interval provided by the configuration instructions, the control interface is dynamically modified so that it takes a first operating configuration corresponding to a set time interval reached by the multimedia content;in said first operating configuration, simultaneously showing the user, by the data processing unit, on a display module of the control interface, a plurality of temporary controls made available by the control interface and enabled to be used by the user through the control interface; and
physically setting, by the data processing unit, the exercise machine based on the temporary controls made available by the control interface and selected by the user through the control interface in said first operating configuration;
wherein the step of dynamically modifying is performed, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, to modify the control interface so that it assumes a second operating configuration to simultaneously display on the display module a plurality of temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine, each of the temporary controls showing the corresponding value; andwherein the step of dynamically modifying further comprises a step of indicating, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, wherein it is indicated on the display module which of the 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

Response dated July 23, 2024 the set workout program that the user is performing in the set time interval that the multimedia content is at;wherein said exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength exercise machine, or a station for practicing boxing.

19\. (new) The exercise machine of claim 18, wherein said at least one first operating parameter comprises:speed and/or slope of said treadmill;
resistance of said bike or exercise bike;
resistance of said rowing machine;
resistance of said indoor cycling machine; or resistance of said strength exercise machine.

20\. (new) The method of claim 3, wherein the step of dynamically modifying comprises, in response to the user selecting a temporary control representative of initial workout difficulty level not suggested by the personal trainer, a step of removing, via the data processing unit, wherein the temporary controls representative of the initial workout difficulty levels selectable by the user on the display module other than the suggested temporary control are removed, and the temporary control representative of the initial workout difficulty level suggested by the personal trainer remains.

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

22\. (new) The method of claim 1, wherein which of the temporary Page 11 of 21

Response dated July 23, 2024 controls representative of values selectable by the user of the at least one first operating parameter of the exercise machine is suggested is a function of an initial workout difficulty level selected by the user.

23\. (new) The method of claim 1, wherein the value of the first operating parameter of at least one of the temporary controls is less than the value of the first operating parameter of the suggested temporary control, and the value of the first operating parameter of at least one of the temporary controls is greater than the value of the first operating parameter of the suggested temporary control.

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

25\. (new) The method of claim 1, wherein it is indicated by one or more arrows on the display module which of the temporary controls representative of values selectable by the user of the at least one first operating parameter of the exercise machine is suggested by the personal trainer in the multimedia content for a phase of the set workout program that the user is performing in the set time interval that the multimedia content is at.

OFFICE ACTION:
DETAILED ACTION
This is the First Action for the Request for Continued Examination based on the 17/342,287 application filed on 06/08/2021 and which claims as amended on 07/23/2024 have been considered in the ensuing action.
Notice of Pre-AIA  or AIA  Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on06/08/2021 and 11/15/2021 were filed.  The submission is in compliance with the provisions of 37 CFR 1.97.  Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendment filed 07/23/204 has been sufficient to overcome the claim objections and the 35 USC 112(b) rejections. The amendments have not been sufficient to overcome the 101 rejections or the prior art of record.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA  35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 20 and 23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA  35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 20, the specification as originally filed does not disclose removing the temporary controls representative of the initial workout difficulty levels selected by the user, while keeping the temporary control representative of the initial workout difficulty level suggested by the personal trainer. The Applicant cites paragraph [0133] of the specification as support, however, paragraph [0133] does not suggest removing the other temporary controls not indicated by the person trainer.
Regarding claim 23, the specification as originally filed does not disclose a first operating parameter have a value less than the first operating parameter of the suggested temporary control. The specification only supports that these values are different, but does not disclose which is higher or lower.
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, 8-10, 12, and 14-25 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, 8-10, 12 and 14-25 has been analyzed to determine whether it is directed to any judicial exceptions.
Each of Claims  1-5, 8-10, 12 and 14-25 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  1-5, 8-10, 12 and 14-25 recites an abstract idea.
Step 2A, Prong 1
Each of Claims  1-5, 8-10, 12 and 14-25 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  1-5, 8-10, 12 and 14-25 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 (additional element), 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 a data processing unit (additional component) of the exercise machine, synchronized with playing of the multimedia content (judgement or evaluation, which is grouped as a mental process under 2019 PEG);
a step of dynamically modifying, via the data processing unit, wherein if an instance of play time falls within a set time interval provided by the configuration instructions, the control interface is dynamically modified so that it takes a first operating configuration corresponding to a set time interval reached by the multimedia content (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),
physically 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 first 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 second operating configuration to simultaneously display on the display module a plurality of temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine, each of the temporary controls showing the corresponding value (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);
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); and
wherein said exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing (additional element).
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 multimedia content of a personal trainer preparatory to a performance of a set workout program on the exercise machine (additional component), configured to be consumed 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 a 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);
a step of dynamically modifying, via the data processing unit, wherein if an instant of playing time falls within a set time interval provided by the configuration instructions, the control interface is dynamically modified so that it takes a first operating configuration corresponding to a set time interval reached by the multimedia content (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 first operating configuration, simultaneously showing the user, by the data processing unit, on a display module of the control interface, a plurality of temporary controls made available by the control interface and enabled to be used by the user through the control interface (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
physically setting, by the data processing unit, the exercise machine based on the temporary controls made available by the control interface and selected by the user through the control interface in said first operating configuration(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 second operating configuration to simultaneously display on the display module a plurality of temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine, each of the temporary controls showing the corresponding value(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);
wherein said exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength exercise machine, or a station for practicing boxing (additional element).
Accordingly, as indicated above, each of the above-identified claims recites an abstract idea.
Further, dependent Claims 2-5, 8-10, 14-17 and 19-25 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, 8-10, 14-17 and 19-25 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, claims 1-5, 8-10, 14-17 and 19-25 recite the additional elements of a data processing unit and an exercise machine that can be a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing and claims 18-19 recite the additional elements of a  data processing unit, a display module and an exercise machine that can be a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing. These additional elements are either generically recited computer elements (data processing unit and display module) or generically recited exercise machines (treadmill, bike, exercise bike, rowing machine indoor cycling machine, strength training machine, or station for practicing boxing) which do not improve the functioning of a computer or exercise machine and further to do improve 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.  Further, generic computer components integrated with generic exercise machines are well known and convention in the art. 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, 8-10, 14-17 and 19-25 recite the additional elements of a data processing unit and an exercise machine that can be a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing and claims 18-19 recite the additional elements of a  data processing unit, a display module and an exercise machine that can be a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing. 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 or generic exercise machines that a routine and known in the art.  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).
Additionally, the exercise machines present in the claims are generic recitations of routine and known exercise machines.  Applicant’s specification does not describe any special features or functions of the generic exercise machines, and specifically states “The exercise machine 100 may be any exercise machine employable by a user to perform physical activity remotely, either alone or in a workout class, or to perform physical activity in a gym, either alone or in a workout class” (page 5, 2nd paragraph). It is clear, from the claims themselves and the specification, that these limitations require no improved exercise machines, just already available exercise machines, with their already available basic functions, to use as tools in executing the claimed process.
The recitation of the above-identified additional limitations in Claims 1 and  18 amounts to mere instructions to implement the abstract idea on a computer associated with an exercise machine.  Simply using a computer on an exercise machine 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, 8-10, 14-17 and 20-25 and the exercise machine of Claims 18-19 are directed to applying an abstract idea (e.g., mental process or certain method of organizing human activity) on a general purpose computer of an exercise machine 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, 8-10, and 14-25 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, 8-10, and 14-25 do 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 1-5, 8-10, and 14-25 amounts to significantly more than the abstract idea itself.
Accordingly, Claims 1-5, 8-10, and 14-25 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 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.
Claims 1-5, 8-10, 12, 14-19, 21-23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Intonato et al (US 2019/0336827) in view of Evancha et al (US 2019/0111318).
Regarding claim 1:
Intonato et al discloses a method for controlling a control interface of an exercise machine during the consumption of multimedia content (“wherein a method includes providing video files, receiving user data, and associating settings and performance metrics with timestamps”, see paragraph [0002]), the method comprising:
providing a multimedia content of a personal trainer preparatory to performing a set workout program on the exercise machine [ “an exercise class is being displayed, played back, and/or otherwise provided via the one or more displays 104 through the user interface 400” see paragraph [0061]; wherein the user interface 400 is configured to show “the live or archived exercise class or other content” selected, see paragraph [0063] and Fig. 4], which can be enjoyed by a user through the control interface (400 user interface, see Fig. 4)  of the exercise machine (102 exercise machine, see Fig. 2);
associating configuration instructions (418 one or more executable controls; one or more executable controls  have been interpreted as the instructions, lacking any other structural or functional limitations) of the exercise machine with the multimedia content, which can be read by a data processing unit (148 digital hardware, see Fig. 2);
a step of dynamically modifying, via the data processing unit, wherein if an instance of play time falls within a set time interval provided by the configuration instructions, the control interface is dynamically modified so that it takes a first operating configuration corresponding to a set time interval reached by the multimedia content (Intonato et al discloses a segmented timeline 402, equivalent to Applicant’s set time interval, see paragraph [0062], as well as the time intervals having  “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”, see paragraph [0062]),
physically 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 first operating configuration ( “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” see paragraph [0070]);
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 (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, see paragraph [0061] and; 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, see paragraph [0065]), to modify the control interface so that it assumes a second operating configuration to simultaneously display on the display module a plurality of temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine, each of the temporary controls showing the corresponding value (wherein 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 see paragraph [0066]; further, 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, see paragraph [0067]; 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, see paragraph [0065-0066]; the Examiner notes that Intonato et al discloses a plurality of temporary controls, such as the speed of the belt and other settings or parameters of the exercise machine);
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 ( 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, gives a suggestion by the instructor for a speed; wherein a desired speed or pace can be suggested by the instructor as an executable control, for example “6.0 minute mile pace” see paragraph [0066-0069] and Fig. 4)  in the multimedia content for a phase of the set workout program that the user is performing in the set time interval that the multimedia content is at (= wherein the 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” see paragraph [0069]; 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”, see paragraph [0065]; 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, see paragraph [0062]); and
wherein said exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing (“Example embodiments of the present disclosure include exercise machines, networked exercise systems, and corresponding methods whereby one or more exercise devices, such as treadmills, rowing machines, stationary bicycles , elliptical trainers, or any other suitable equipment may be equipped with an associated local system that allows a user to fully participate in live or recorded exercise classes from any location that can access a suitable communications network” see paragraph [0025]).
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Intonato et al is silent to the temporary controls being representative of values (plural) selectable by the user, as Intonato et al displays figure 4 ‘executable controls 418’ as a miscellaneous window for various associations and is silent to each executable control being directed to one or more values.
Evancha et al, in the same field of endeavor, teaches temporary controls being representative of values selectable by the user ( 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, see paragraph [0058]).
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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 et al to include the controls window and function thereof of Evancha et al for the benefit of providing the user with the parameter options for their workout all at once in a window.
Regarding claim 2:
Intonato et al as modified discloses  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 third operating configuration to display fixed controls of a plurality of controls made available to the user on the display module of the control interface (“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”, see paragraph [0043]).
Regarding claim 3:
Intonato et al as modified discloses that the step of dynamically modifying is performed, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content, to modify the control interface so that it takes a third operating configuration to display temporary controls representative of workout conditions selectable by the user on the display module of the control interface (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, see paragraph [0067]; 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” see paragraph [0065], so the display will include a window for specific portions of an exercise with a command/control for the exercise state).
Intonato et al as modified 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 (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 [0058-0063]).
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 et al to include the window comprising temporary controls representative of initial workout difficulty levels of Evancha et al 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.
Regarding claim 4:
Intonato et al as modified further discloses that the step of dynamically modifying further comprises a step of automatically setting, at the end of a time interval corresponding to the third operating configuration via the data processing unit, if the user has not made any selection, a first initial workout difficulty level  will be set automatically ( 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, see paragraph [0062]; 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, see paragraph [0066]; please further see the rejection of claim 3 above, as Intonato et al has been modified by Evancha et alto include the difficulty setting).
Regarding claim 5:
Intonato et al as modified fails to specifically disclose the step of dynamically modifying comprises the step of removing, via the data processing unit, once the initial workout difficulty level has been selected, wherein the temporary controls representative of the initial workout difficulty levels selectable by the user on the display module are removed.
However, Evancha teaches 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 (“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”, see paragraph [0068], 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).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method to further include the step of removing, via the data processing unit, once the initial workout difficulty level has been selected, wherein the temporary controls representative of the initial workout difficulty levels selectable by the user on the display module are removed as taught by Evancha to keep the screen from being cluttered during the workout.
Regarding claim 8:
Intonato et al as modified discloses that the step of dynamically modifying is performed, by the data processing unit, based on the configuration instructions of the exercise machine read together with the playing of the multimedia content to dynamically modify the control interface so that it takes a third operating configuration to display on the display module temporary controls representative of values selectable by the user of a second operating parameter of the exercise machine (wherein “one or more executable controls 418 of the present disclosure may be configured to modify an incline of the deck 112” see paragraph [0066]).
Regarding claim 9:
Intonato et al as modified discloses  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 ( 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”, see paragraph [0066]) for the phase of the set workout program that the user is performing in the set time interval that the multimedia content is at (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” see paragraph [0069]).
Regarding claim 10:
Intonato et al as modified discloses that 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 (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, see paragraph [0066]).
Intonato as modified is 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.
Regarding claim 12:
Intonato et al as modified discloses 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 (“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”, see paragraph [0066]).
Intonato et al as modified fails to disclose 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” (see paragraph [0063]) and further describes performance information can be displayed in various display bars that can be hidden or displayed as a group or individually (see paragraph [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 (see Fig. 4).
It would be obvious to one of ordinary skill in the art to modify the window 418 comprising the operating parameter selections so that it is movable and able to be displayed or removed as taught by Intonato et al. 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 et al 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.
Regarding claim 14:
Intonato as modified discloses 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 ( “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”, see paragraph [0066]).
Intonato as modified fails to disclose 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” (see paragraph [0063]) and further describes performance information can be displayed in various display bars that can be hidden or displayed as a group or individually (see paragraph [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 (see Fig. 4).
It would be obvious to one of ordinary skill in the art to modify the window 418 comprising the operating parameter selections so that it is movable and able to be displayed or removed as taught by Intonato et al. 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 et al 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.
Regarding claim 15:
Intonato et al as modified discloses 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 rejection of claim 14 above)
Intonato et al as modified fails to disclose  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.
Regarding claim 16:
Intonato as modified discloses 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 (wherein the display may comprise a touch screen or be able to receive input from the user, see paragraph [0035]; 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, see paragraph [0063]).
Intonato as modified fails to disclose 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 et al in view of Evancha et al 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.
Regarding claim 17:
Intonato as modified discloses  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(0035- wherein the display may comprise a touch screen or be able to receive input from the user, see paragraph [0035]).
Intonato as modified fails to disclose 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 et al in view of Evancha et al 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.
Regarding claim 18:
Intonato discloses a data processing unit (148 digital hardware);
a control interface (400 user interface), operationally connected to the data processing unit, comprising a display module ( “one or more user interfaces 200 displayed on the display 104”, see paragraph [0040]);
the data processing unit being configured to perform a method:
providing multimedia content of a personal trainer preparatory to a performance of a set workout program on the exercise machine (“an exercise class is being displayed, played back, and/or otherwise provided via the one or more displays 104 through the user interface 400” see paragraph [0061]; wherein the user interface 400 is configured to show “the live or archived exercise class or other content” selected, see paragraph [0063] and Fig. 4], configured to be consumed by a user through the control interface of the exercise machine;
associating configuration instructions (418 one or more executable controls) 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 ( “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”, see paragraph [0066]; “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”¸ see paragraph [0065]);
a step of dynamically modifying, via the data processing unit, wherein if an instant of playing time falls within a set time interval provided by the configuration instructions, the control interface is dynamically modified so that it takes a first operating configuration corresponding to a set time interval reached by the multimedia content (Intonato et al discloses a segmented timeline 402, equivalent to Applicant’s set time interval, see paragraph [0062], as well as the time intervals having  “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”, see paragraph [0062]),
in said first operating configuration, simultaneously showing the user, by the data processing unit, on a display module of the control interface, a plurality of temporary controls made available by the control interface and enabled to be used by the user through the control interface (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 see paragraph [0066]; further, 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, see paragraph [0067]; 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, see paragraph [0065-0066]; the Examiner notes that Intonato et al discloses a plurality of temporary controls, such as the speed of the belt and other settings or parameters of the exercise machine); and
physically setting, by the data processing unit, the exercise machine based on the temporary controls made available by the control interface and selected by the user through the control interface in said first operating configuration ( “such executable controls 418 may comprise pop-up messages or other means by which the instructor may enhance engagement with exercise class participants”, see paragraph [0065]; “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”, se paragraph [0066]; wherein “the user interface 400 may allow the user 106 to hide or display information elements”, see paragraph [0064]; 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”, see paragraph [0070]);
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  (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, see paragraph [0061]; 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, see paragraph [0065]), to modify the control interface so that it assumes a second operating configuration to simultaneously display on the display module a plurality of temporary controls representative of values selectable by the user of at least one first operating parameter of the exercise machine, each of the temporary controls showing the corresponding value ( wherein 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, see paragraph [0066]; “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, see paragraph [0067]; “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, see paragraphs [0065-0066]); 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 ( 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; wherein a desired speed or pace can be suggested by the instructor as an executable control, for example “6.0 minute mile pace” see paragraph [0066-0069] and Fig. 4)  in the multimedia content for a phase of the set workout program that the user is performing in the set time interval that the multimedia content is at (= wherein the 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” see paragraph [0069]; 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”, see paragraph [0065]; 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, see paragraph [0062]); and
wherein said exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing (“Example embodiments of the present disclosure include exercise machines, networked exercise systems, and corresponding methods whereby one or more exercise devices, such as treadmills, rowing machines, stationary bicycles , elliptical trainers, or any other suitable equipment may be equipped with an associated local system that allows a user to fully participate in live or recorded exercise classes from any location that can access a suitable communications network” see paragraph [0025]).
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Intonato et al is silent to the temporary controls being representative of values (plural) selectable by the user, as Intonato et al displays figure 4 ‘executable controls 418’ as a miscellaneous window for various associations.
Evancha et al, in the same field of endeavor, teaches temporary controls being representative of values selectable by the user ( 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, see paragraph [0058]).
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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 et al to include the controls window and function thereof of Evancha et al for the benefit of providing the user with the parameter options for their workout all at once in a window, 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.
Regarding claim 19:
Intonato et al as modified discloses that said at least one first operating parameter comprises: speed and/or slope of said treadmill; resistance of said bike or exercise bike; resistance of said rowing machine; resistance of said indoor cycling machine; or resistance of said strength exercise machine (“Additionally, in some examples the user interface 200 may include one or more executable controls 210 operable to modify an incline of the deck 112, a speed of the belt 120, a pedal cadence of a stationary bicycle, a braking force or resistance of the stationary bicycle, and/or other parameters of the exercise machine 102 while the user 106 is participating in an exercise class. ”, see paragraph [0044]).
Regarding claim 21:
Intonato et al as modified is silent to  the values selectable by the user of the at least one first operating parameter of the exercise machine are a function of an initial workout difficulty level selected by the user.
Evancha, in the same field of endeavor, teaches displaying temporary controls representative of initial workout difficulty levels selectable by a user (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 [0058-0063]).
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 et al to include the window comprising temporary controls representative of initial workout difficulty levels of Evancha et al 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.
Regarding claim 22:
Intonato et al as modified is silent to  which of the temporary controls representative of values selectable by the user of the at least one first operating parameter of the exercise machine is suggested is a function of an initial workout difficulty level selected by the user.
Evancha, in the same field of endeavor, teaches displaying temporary controls representative of initial workout difficulty levels selectable by a user (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 [0058-0063]).
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 et al to include the window comprising temporary controls representative of initial workout difficulty levels of Evancha et al 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.
Regarding claim 23:
Intonato et al as modified discloses that the value of the first operating parameter of at least one of the temporary controls is less than the value of the first operating parameter of the suggested temporary control, and the value of the first operating parameter of at least one of the temporary controls is greater than the value of the first operating parameter of the suggested temporary control (Intonato et al discloses that the instructor can indicate the speed of the treadmill, but that there are other speeds that can be selected by the user, see paragraphs [0066-0069].
Regarding claim 25:
Intonato et al as modified discloses it is indicated by graphics 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 (“In such examples, such executable controls 418 may comprise pop-up messages or other means by which the instructor may enhance engagement with exercise class participants. In this way, such executable controls may effectively convey performance commands, a desired performance parameter/metric, words of encouragement, guidance, instructions  and/or other information to exercise class participants. In some examples, such executable controls 418 may comprise text windows, images, pop-up boxes, graphics, icons, or other visual content that may not be configured to receive an input (e.g., a touch input) from the user 106.”).
Intonato et al as modified fails to specifically disclose that the graphics are one or more arrows.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the clamed invention to modify the graphics of Intonato et al to be one or more arrows, as arrows are a well known graphic. Further, the limitation lacks criticality and the nature of the graphics is a design choice.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Intonato et al (US 2019/0336827) and  Evancha et al (US 2019/0111318) in further view of Flynt et al (US 9,367,668).
Intonato et al as modified discloses the device as substantially claimed above.
Regarding claim 24:
Intonato et al as modified is silent to after an interval in which the user can select one of said values, if a value has not been selected, the value of the at least one first operating parameter suggested by the personal trainer is automatically selected.
Flynt et al, in the same field of endeavor, teaches a suggested change being implemented after a predefined period of time, if the user does not select to not have the change implemented, see columns 4-5 lines 63-67 and 1-8.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method to further include automatically selecting a suggested change if there is no input from a user, as taught by Flynt et al, to allow the exercise to smoothly be maintained.
Response to Arguments
Applicant's arguments filed 07/23/2024 have been fully considered but they are not persuasive.
With respect to the arguments addressing the 101 rejection, the Examiner respectfully disagrees. The claims, as amended, are not integrated into a practical application under Step 2A, Prong 2 of the analysis. Claims 1-5, 8-10, 14-17 and 19-25 recite the additional elements of a data processing unit and an exercise machine that can be a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing and claims 18-19 recite the additional elements of a  data processing unit, a display module and an exercise machine that can be a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing. These additional elements are either generically recited computer elements (data processing unit and display module) or generically recited exercise machines (treadmill, bike, exercise bike, rowing machine indoor cycling machine, strength training machine, or station for practicing boxing) which do not improve the functioning of a computer or exercise machine and further to do improve any other technology or technical field.  The Examiner notes that it is common and routine in the art to have computer elements integrated into exercise machines such as those cited in the claims, and the generic components are not enough to overcome the 101 rejection.  The Examiner notes that the exercise machine, and more specifically an exercise machine being a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength training machine, or a station for practicing boxing, is not a generic computer component, but is a generic recitation of an exercise machine. While different claim limitations are directed towards information regarding an exercise machine, the limitations are generic recitations of known functions or limitations of exercise machines (such as values of operating parameters). The Examiner respectfully disagrees that the claims, as whole, result in an improved and enhanced experience for the user, and therefore result in integrating the mental process into a practical application.
With respect to the arguments stating that the prior art of record fails to teach or disclose a plurality of temporary controls, however, Intonato discloses a plurality of temporal controls, see paragraph 0066, wherein “one or more relatively specific and/or relatively descriptive executable controls”. These controls would be present at the same time. Further, the Applicant is arguing a more narrow scope of the claim limitations, as the limitations do not currently state that the “display of multiple temporary controls as alternative options to one another, with a single temporary control being indicated as recommended”.
Conclusion

APPLICANT REBUTTAL: REMARKS AND ARGUMENTS
Amendments in General
Claims 11 and 13 have been cancelled. Claim 1 has been amended to address informalities raised by the Office and to better define the subject matter therein. Similar amendments have been made to claim 18. Dependent claims 2-5, 8, 10, 12, and 15 have been amended for clarity purposes. New claims 19-25 have been added and are supported as discussed below. No new matter has been added.
Claim Objections
The Office has objected to claims 1, 4, 5, and 12 for 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 1-5 and 8-18 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 1-5 and 8-18 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.
Step 2A, Prong 2
Step 2A, Prong 2 asks whether the claim recites additional element that integrate the judicial exception into a practical application. The Office argues on page 12 of the Office Action
that the claim elements do not "serve to apply the above-identified abstract idea with, or by use of, a particular machine." But this is not the case. Claims 1 and 18 explicitly recite an exercise machine, which is not a generic computer component. Numerous claim limitations are exercise-specific, such as values of exercise machine operating parameters, and suggestions of the multimedia content personal trainer. The claim provides exercisers with various options for their workout via a display module, including suggested options; and the recited exercise machine's settings are modified based on user selections. Moreover, claims 1 and 18 require "physically setting, by the data processing unit, the exercise machine based on the temporary controls made available by the control interface and selected by the user through the control interface in said first operating configuration." The settings of the exercise machine are being physically altered by selections made by a user. This is a practical application.
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-indeed, the recited claim limitations are an even more concrete practical application than that of Example 37. As described above, the claimed method uses the exercise machine components to provide, through a display interface, an improved and enhanced experience. As such, any judicial exception is integrated into a practical application such that the claims are eligible.
Moreover, the claim recites that the "exercise machine is a treadmill, a bike or exercise bike, a rowing machine, an indoor cycling machine, a strength exercise machine, or a station for practicing boxing." These are concrete, practical machines for use by exercisers.
For at least the above reasons, Applicant submits that the claims meet Step 2A, Prong 2 of the analysis, and requests the withdrawal of the rejection.
Claim Rejections - 35 U.S.C. §§ 102 and 103
Claims 1-5 and 8-18 have been rejected under 35 U.S.C. § 103
as being obvious over U.S. Pub. No. 2019/0336827 to Intonato et al. (hereinafter "Intonato") in view of U.S. Pub. No. 2019/0111318 to Evancha et al. (hereinafter "Evancha").
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 obvious over Intonato in view of Evancha. Applicant respectfully disagrees and requests that the Office reconsider.
Claim 1 recites that "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." One example of this limitation can be seen in FIG. 5b, where the arrows F1 indicate that the second temporary control V12 associated with a second value of the first operating parameter P1 is being suggested.
Notably,  the   claim  recites   "a  plurality  of  temporary controls", i.e., there must
be multiple   temporary  controls
available.    This   "plurality   of    temporary   controls"    is "simultaneously show[n] ."1 For example, in FIG. 5b the user can select V11, V12, V13, or V14; and V12 is being suggested as shown by the arrows F1. On page 21 of the Office Action, the Office cites paragraphs   [0066] and   [0069] of   Intonato  as  disclosing   an indicating step. However, Intonato is silent as to the display of multiple temporary controls as alternative options to one another, with a single temporary control being indicated as recommended.
1 In the Advisory Action of July 1, 2024, the Office stated Applicant was arguing a more narrow scope than actually claimed in this regard. While Applicant does not necessarily agree, the claim has now been amended to expressly recite a plurality of temporary controls that are shown simultaneously.
Nor does Evancha disclose such a limitation, whether taken alone or in combination with Intonato. Evancha discloses multiple
controls as shown on page 23 of the Office Action, but fails to disclose the indication of a suggestion of which control the user should select. There is no teaching, suggestion, or motivation in the Intonato/Evancha combination to display multiple alternative temporary controls as options, with one being indicated as suggested. As such, the claim is non-obvious.
New Dependent Claim 20
New dependent claim 20 ultimately depends from independent claim 1, and thus is allowable for at least the same reasons. Moreover, Applicant submits that claim 20 is also allowable due to the additional limitations recited therein. For example, claim 20 recites a method "wherein the step of dynamically modifying comprises, in response to the user selecting a temporary control representative of initial workout difficulty level not suggested by the personal trainer, a step of removing, via the data processing unit, wherein the temporary controls representative of the initial workout difficulty levels selectable by the user on the display module other than the suggested temporary control are removed, and the temporary control representative of the initial workout difficulty   level  suggested by the personal trainer remains." Support for this limitation can be found, for example, in paragraph [0133] of U.S. Pub. No. 2021/0387073. With this method, the suggested temporary control remains available on the screen for the user to select it if they wish. Such a method is neither   disclosed  nor   suggested  by   the   Intonato/Evancha combination. As such, the claim is non-obvious.
New Dependent Claim 21
New dependent claim 21 ultimately depends from independent claim 1, and thus is allowable for at least the same reasons. Moreover, Applicant submits that claim 21 is also allowable due to the additional limitations recited therein. For example, claim 21 recites a method "wherein the values selectable by the user of the at least one first operating parameter of the exercise machine are a function of an initial workout difficulty level selected by the user." Support for this limitation can be found, for example, in paragraph [0151] of U.S. Pub. No. 2021/0387073. With this method, the values of the displayed temporary controls are functions of the initial workout difficulty level selected by the user, thus providing the user more customized selections. Such a method is neither   disclosed  nor   suggested  by   the   Intonato/Evancha combination. As such, the claim is non-obvious.
New Dependent Claim 22
New dependent claim 22 ultimately depends from independent claim 1, and thus is allowable for at least the same reasons. Moreover, Applicant submits that claim 22 is also allowable due to the additional limitations recited therein. For example, claim 22 recites a method    "wherein which   of the temporary    controls representative of values selectable by the user of the at least one first operating parameter of the exercise machine is suggested is a function of an initial workout difficulty level selected by the user." Support for this limitation can be found, for example, in paragraph [0151] of U.S. Pub. No. 2021/0387073. With this method, the value of the suggested temporary control is a function of the initial workout difficulty level selected by the user, thus providing the user a more customized suggestion. Such a method is
neither   disclosed  nor   suggested  by   the   Intonato/Evancha combination. As such, the claim is non-obvious.
New Dependent Claim 23
New dependent claim 23 ultimately depends from independent claim 1, and thus is allowable for at least the same reasons. Moreover, Applicant submits that claim 23 is also allowable due to the additional limitations recited therein. For example, claim 23 recites a method "wherein the value of the first operating parameter of at least one of the temporary controls is less than the value of the first operating parameter of the suggested temporary control, and the value of the first operating parameter of at least one of the temporary controls is greater than the value of the first operating parameter of the suggested temporary control." Support for this limitation can be found, for example, in FIG. 5b and associated portions of the specification of U.S. Pub. No. 2021/0387073. With this method, a user can select values either easier or harder than the value of the suggested temporary control. Such a method is neither disclosed nor suggested by the Intonato/Evancha combination. As such, the claim is non-obvious.
New Dependent Claim 24
New dependent claim 24 ultimately depends from independent claim 1, and thus is allowable for at least the same reasons. Moreover, Applicant submits that claim 24 is also allowable due to the additional limitations recited therein. For example, claim 24 recites a method "wherein after an interval in which the user can select one of said values, if a value has not been selected, the value of the at least one first operating parameter suggested by the personal trainer is automatically selected." Support for this limitation can be found, for example, in paragraph [0159] of U.S.
Pub. No. 2021/0387073. Such a method is neither disclosed nor suggested by the Intonato/Evancha combination. As such, the claim is non-obvious.
Dependent Claims 2-4, 7-12, 14-17, and 20-25
Each of dependent claims 2-4, 7-12, 14-17, and 20-25 depends from allowable independent claim 1. As such, each of these claims is also non-obvious and allowable.
Independent Claim 18
While different than independent claim 1, independent claim 18 contains similar limitations for which similar arguments apply. As such, Applicant submits that claim 18 is also non-obvious and allowable.
New Dependent Claim 19
Dependent claim 19 depends from allowable independent claim 18. As such, this claim is also non-obvious and allowable. Moreover, claim 19 recites that "said at least one first operating parameter comprises: speed and/or
slope of said treadmill;
resistance of said bike or exercise bike; resistance of said rowing machine; resistance of said indoor cycling machine; or resistance of said strength exercise machine." This further defines the exercise machine of claims 18 and 19 such that even if, arguendo, the claim recites an abstract idea, it is "appl[ied] . . . with, or by use of, a particular machine." As such, the claim recites patentable subject matter and should be allowed.
CONCLUSION

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

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 US20190336827A1: Claims:
What is claimed is: 1. A method, comprising: capturing audio content and video content of an instructor performing an exercise class; identifying a performance command included in the audio content, the performance command being uttered by the instructor during the exercise class; identifying a timestamp associated with the performance command; generating an executable control corresponding to the performance command; generating a video file comprising the audio content, the video content, and the executable control, wherein playback of the video file causes display of the executable control at a part of the video file corresponding to the timestamp; and providing the video file to an exercise machine, via a network, based at least in part on a request received via the network. 2. The method of claim 1, wherein the executable control is executable by a processor of the exercise machine, in response to an input received via the executable control, to modify a parameter of the exercise machine. 3. The method of claim 2, wherein the parameter comprises at least one of: a speed of a belt associated with a deck of the exercise machine, a resistance of the belt, and an incline of the deck. 4. The method of claim 1, wherein generating the video file comprises linking the executable control to the part of the video file corresponding to the timestamp, and wherein providing the video file comprises providing the video file to a plurality of exercise machines via the network. 5. The method of claim 1, further comprising identifying the performance command via natural language processing of the audio content. 6. A method, comprising: providing a first video file to a plu
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