A few new stories on Raniere — Vanguard wins EFF’s ‘Stupid Patent of the Month’

The article relates:

“Today, we’re going to focus on Raniere’s U.S. Patent No. 9,421,447, a “method and apparatus for improving performance.” The patent simply adds trivial limitations to the basic functioning of a treadmill, like timing the user and recording certain parameters (speed, heart rate, or turnover rate.) Since most modern treadmills allow users to precisely measure performance on a variety of metrics, the patent is arguably broad enough that it could be used to sue treadmill manufacturers or sellers.”

… Raniere’s original patent application claimed a “performance system” with a “control system” and a sensor for monitoring “at least one parameter.” His examples went beyond exercise: he intended to patent humans making mathematical calculations at increasing speed, or a weightlifter decreasing the time between repetitions.

Appropriately, the examiner rejected all 13 of his proposed claims. But nothing stops patent applicants from coming back and trying again—and again—and that’s exactly what Raniere did. To his bare-bones description of a “performance system” he added this dose of jargon:

Wherein said control system includes a device to determine a point of efficiency, said point of efficiency occurring when the linear proportional rate of change in [] at least one parameter of the subject being trained varies rapidly outside of the state of accommodation and the range of tolerance.

Whew! That’s a lot of verbiage just to explain that the same “performance system” is measuring how fast changes occurs. The patent would be infringed by any treadmill that could measure a changing variable. Even though earlier patents had described essentially the same thing—Raniere’s lawyers insisted that his idea of measure the “rate of change” was “completely different” from a system that used a “precalculated range.”

The examiner rejected Raniere’s application again, noting that an older patent for an exercise bike attached to a video game still fulfilled all the elements of Raniere’s new, jargon-filled patent.

But Raniere simply paid $470 to file a “request for continued examination” …. Raniere, or his lawyers, bloated Claim 1 up with yet more language about the point of efficiency occurring “just prior to the subject no longer being able to accommodate additional stress” and entering a state of exhaustion, and claimed now that it was this more narrow description that was his stroke of genius.

“Nowhere in [earlier patent] Hall-Tipping is it suggested that the user be exercised to the point of exhaustion,” pointed out Raniere’s lawyers, this time around.

Rejected again, they had an interview with the examiner before coming back with yet another $470 “continued examination” request. Then Raniere loaded up Claim 1 with almost twice as much language about the system repeating itself, and re-measuring new “points of efficiency.”

This went on and on [PDF], with Raniere continuing to change language and add limitations. Eight times, the examiner threw out every single one of his claims. Finally, after he added language about the “range of tolerance” being plus or minus two percent, his claims were allowed.

In his specification, Raniere was typically un-self-effacing. He crowed that he had created “Raniere’s Maximal Efficiency Principle™” or “Raniere’s Law™.” (The guy is clearly into branding.)…

The debate continues somewhat about that NXIVM mixer with Anthony Weiner, Huma Abedin, James Alefantis, Stormy Daniels and Keith and Allison.

For those who want to hear Ben talk about it on Scott Johsnon’s radio show:

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And here is one from Big League Politics:L