DETAILED ACTION
This Office action is in response to applicant’s amendments filed 12/04/2025. A petition to revive the present application under 37 CFR 1.137(a), filed 03/06/2026, was GRANTED on 04/07/2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The effective filing date of the present application is 09/28/2015. In applicant’s amendments filed 12/04/2025, claims 3, 10, and 18 were cancelled, claims 1, 7, 15, and 16 were amended, and claims 2, 9, and 17 were withdrawn. In addition, claims 8, 11, and 12 were previously withdrawn from consideration in the Non-Final Rejection dated 06/14/2022.
Claims 1, 2, 4-9, 11-17, 19, and 20, as filed on 12/04/2025, are currently pending. Claims 1, 4-7, 13-16, 19, and 20, as filed on 12/04/2025, are considered below.
Terminal Disclaimer
The terminal disclaimer filed on 12/04/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 10,940,354 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Amendment
The claim objection has been obviated in view of applicant’s amendments and arguments filed 12/04/2025. The statutory type double patenting rejections of claims 1, 4-7, 13, and 14 under 35 U.S.C. § 101 have been obviated in view of applicant’s amendments filed 12/04/2025, and were withdrawn. The nonstatutory double patenting rejections of claims 15, 16, 19, and 20 were withdrawn in view of applicant’s terminal disclaimer filed on 12/04/2025, see above.
Specification
The abstract of the disclosure is objected to because of informalities. Applicant is suggested to amend the abstract of the disclosure as follows:
--- The present invention is a portable strength-training apparatus, system, and method for conducting strength-training exercises using resistance bands. The apparatus the strength training exercises using the resistance bands. The apparatus and system ly performing the strength-training exercises at varying resistance levels while allowing exercises at any angle. The apparatus, system, and method the resistance bands throughout an entire body of the user. The apparatus and system the resistance bands which are in turn coupled with human interface mechanisms such as grips, wraps, or bars. ---.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1, 4, 7, and 15 are objected to because of the following informalities:
In claim 1, lines 9-10, “wherein at least one of the base attachment mechanisms is positioned within one of the plurality of base voids” should be --- wherein at least one of the plurality of base attachment mechanisms is respectively positioned within one of the plurality of base voids ---.
In claim 4, line 4, “further wherein” should be --- and wherein ---.
In claim 7, lines 8-9, “wherein at least one of the base attachment mechanisms is positioned within one of the plurality of base voids” should be --- wherein at least one of the plurality of base attachment mechanisms is respectively positioned within one of the plurality of base voids ---.
In claim 15, lines 9-10, “the plurality of base voids; and” should be --- the plurality of base voids; ---.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15, 16, 19, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 15, lines 2-3 and 8, the limitation “a plurality of base attachment mechanisms” renders the claim indefinite because it is unclear whether or not the two instances of the limitation are different from each other. Applicant is suggested to amend claim 15, lines 2-3, from “a platform base having a top surface] and a bottom surface, and a plurality of base attachment mechanisms;” to --- a platform base having a top surface and a bottom surface; ---.
Regarding claim 15, the following limitations are recited in lines 13-21:
“a plurality of resistance bands each having a first end and a second end, wherein the first end of one of the plurality of resistance bands is coupled with one of the plurality of base attachment mechanisms via one of the plurality of coupling mechanisms and via a respective different one of the plurality of coupling mechanisms the second end of one of the plurality of resistance bands are either collectively coupled with a first one of the plurality of human interface mechanisms or singularly and respectively coupled to different ones of the plurality of human interface mechanisms, further wherein each of the plurality of resistance bands can be stretched by applying pressure to the respective human interface mechanism of the plurality of human interface mechanisms.”
The limitation renders the claim indefinite because it is unclear how only one of the plurality of resistance bands can have a second end “are either collectively coupled with a first one of the plurality of human interface mechanisms or singularly and respectively coupled to different ones of the plurality of human interface mechanisms, further wherein each of the plurality of resistance bands can be stretched by applying pressure to the respective human interface mechanism of the plurality of human interface mechanisms.”
Applicant is suggested to amend the limitations to:
--- a plurality of resistance bands each having a first end and a second end, wherein the first end of each of the plurality of resistance bands is respectively coupled with one of the plurality of base attachment mechanisms via one of the plurality of coupling mechanisms, and via a respective different one of the plurality of coupling mechanisms the second ends of the plurality of resistance bands are either collectively coupled with a first one of the plurality of human interface mechanisms or singularly and respectively coupled to different ones of the plurality of human interface mechanisms, and wherein each of the plurality of resistance bands can be stretched by applying pressure to the respective human interface mechanism of the plurality of human interface mechanisms ---.
Claims 16, 19, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of their dependency on claim 15, which is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, see above.
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 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 6,872,175) in view of Dalebout (US 2014/0162858), and further in view of Fernandez (US 2011/0218077).
Regarding claim 7, Lin discloses a portable strength training apparatus (Figures 3, 4, 8, 10, 12, 13, 15, and 16), comprising:
a. a platform base (the hard board 20; Figures 3, 4, 8, 10, 12, 13, 15, and 16) having a top surface (the planar second surface 22; Figure 4) and a bottom surface (the planar first surface 21; Figure 4);
b. a plurality of base voids (the spaced-apart through holes 24; Figures 3 and 4) in the platform base, wherein the plurality of base voids extend through the top surface of the platform base and extend through the bottom surface of the platform base such that the plurality of base voids pass all the way through the platform base (Figures 3 and 4);
c. a plurality of base attachment mechanisms (the positioning rails 241; Figures 3 and 4; column 2, lines 23-27) wherein at least one of the base attachment mechanisms is positioned within one of the plurality of base voids (Figures 3 and 4); and
d. a plurality of resistance bands (the rope bodies 311, 321; Figures 3 and 4) each having a first end (the ends of the rope bodies 311, 321 respectively nearest to the snap fasteners 312, 322; Figures 3 and 4) and a second end (the ends of the rope bodies 311, 321 respectively nearest to the handgrips 313, 323; Figures 3 and 4), wherein the first end of each of the plurality of resistance bands is respectively coupled with one of the plurality of base attachment mechanisms (via the snap fasteners 312, 322; Figures 3 and 4) and the second end of each of the plurality of resistance bands is respectively is coupled with a workout bar (the handgrips 313, 323; Figures 3 and 4).
However, Lin fails to disclose: a hinge, wherein the platform base may be folded about the hinge.
Dalebout teaches an analogous portable strength training apparatus (the device 150; Figures 6-11) comprising a hinge (the one or more hinges 152; Figures 6-11; paragraphs 0102-0103), wherein a platform base (the tray 152; Figures 6-11) may be folded about the hinge (Figure 11; paragraphs 0102-0103).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the platform base of Lin’s invention to include a hinge, as taught by Dalebout, in order to allow the platform base to be folded into a more compact configuration for storage (Dalebout: Figure 11; paragraphs 0102-0103).
Lin in view of Dalebout teaches the invention as substantially claimed, see above, but fails to disclose: the workout bar comprising at least two connectable bar pieces.
Fernandez teaches an analogous portable strength training apparatus (10; Figure 1) wherein a workout bar (the connecting bar 190 together with the stirrup handles 200; Figure 1; paragraphs 0032 and 0036) comprises at least two connectable bar pieces (the connecting bar 190, the stirrup handles 200; Figure 1; paragraphs 0032 and 0036).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the workout bar of Lin’s invention modified in view of Dalebout such that it comprises at least two connectable bar pieces, as taught by Fernandez, in order to link two or more resistance bands together, thus providing a two handed synchronized extension and contraction workout (Fernandez: paragraph 0036).
Regarding claim 13, Lin in view of Dalebout, and further in view of Fernandez, teaches the invention as substantially claimed, see above, and further teaches a handle (Dalebout: the one or more handles 159; Figures 6-11) coupled to the platform base (Dalebout: the tray 152; Figures 6-11).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the platform base of Lin’s invention modified in view of Dalebout, and further in view of Fernandez, to include a handle, as taught by Dalebout, in order to allow the platform base to be easily transported when it is folded into a more compact configuration for storage (Dalebout: Figure 11; paragraphs 0102-0103).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 6,872,175) in view of Dalebout (US 2014/0162858), in view of Fernandez (US 2011/0218077), and further in view of Blancher (US 2011/0251033).
Regarding claim 14, Lin in view of Dalebout, and further in view of Fernandez, teaches the invention as substantially claimed, see above, and further teaches wherein the platform base is a hard board (Lin: the hard board 20; column 2, lines 9-28; Figures 3, 4, 8, 10, 12, 13, 15, and 16).
However, Lin in view of Dalebout, and further in view of Fernandez, is silent as to: wherein the platform base is made of a material selected from the group consisting of plastic and metal.
Blancher teaches an analogous portable strength training apparatus (Figures 1-4, 11, and 12) comprising a platform base (the rigid board 10; paragraph 0030; Figures 1-4, 11, and 12) made of a material selected from the group consisting of plastic (the rigid board 10 may be made of plastic; paragraph 0030) and metal.
It would have been an obvious matter of design choice before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the platform base of Lin’s invention modified in view of Dalebout, and further in view of Fernandez, such that it is made of plastic, as taught by Blancher, since it appears that the invention would perform equally well with the platform base being a hard board made of plastic, fiberglass, or plywood (Blancher: paragraph 0030), and particularly because substituting one rigid material for another involves only routine skill in the art.
Claims 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 6,872,175) in view of Dalebout (US 2014/0162858).
Regarding claim 15, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 15, see above), Lin discloses a portable strength training system (Figures 3, 4, 8, 10, 12, 13, 15, and 16), comprising:
a. a platform base (the hard board 20; Figures 3, 4, 8, 10, 12, 13, 15, and 16) having a top surface (the planar second surface 22; Figure 4) and a bottom surface (the planar first surface 21; Figure 4);
c. a plurality of base voids (the spaced-apart through holes 24; Figures 3 and 4) in the platform base, wherein the plurality of base voids extend through the top surface of the platform base and extend through the bottom surface of the platform base such that the plurality of base voids pass all the way through the platform base (Figures 3 and 4);
d. a plurality of base attachment mechanisms (the positioning rails 241; Figures 3 and 4; column 2, lines 23-27) disposed between the top surface of the platform base and the bottom surface of the platform base respectively within the plurality of base voids (Figures 3 and 4); and
e. a plurality of coupling mechanisms (the angled structures coupling the rope bodies 311, 321 to the handgrips 313, 323 (Figures 3 and 4), the snap fasteners 312, 322 (Figures 3 and 4));
f. a plurality of human interface mechanisms (the handgrips 313, 323; Figures 3 and 4); and
g. a plurality of resistance bands (the rope bodies 311, 321; Figures 3 and 4) each having a first end (the ends of the rope bodies 311, 321 respectively nearest to the snap fasteners 312, 322; Figures 3 and 4) and a second end (the ends of the rope bodies 311, 321 respectively nearest to the handgrips 313, 323; Figures 3 and 4), wherein the first end of each of the plurality of resistance bands is respectively coupled with one of the plurality of base attachment mechanisms via one of the plurality of coupling mechanisms (via the snap fasteners 312, 322; Figures 3 and 4), and via a respective different one of the plurality of coupling mechanisms the second ends of the plurality of resistance bands are either collectively coupled with a first one of the plurality of human interface mechanisms or singularly and respectively coupled to different ones of the plurality of human interface mechanisms (via the angled structures coupling the rope bodies 311, 321 to the handgrips 313, 323; Figures 3 and 4), and wherein each of the plurality of resistance bands can be stretched by applying pressure to the respective human interface mechanism of the plurality of human interface mechanisms (Figures 8, 10, 12, 13, 15, and 16).
However, Lin fails to disclose: b. a handle coupled to the platform base.
Dalebout teaches an analogous portable strength training apparatus (the device 150; Figures 6-11) comprising a handle (the one or more handles 159; Figures 6-11) coupled to a platform base (the tray 152; Figures 6-11).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the platform base of Lin’s invention to include a handle, as taught by Dalebout, in order to allow the platform base to be easily transported when it is folded into a more compact configuration for storage (Dalebout: Figure 11; paragraphs 0102-0103).
Regarding claim 19, Lin in view of Dalebout teaches the invention as substantially claimed, see above, and further teaches wherein the platform base has a hinge (Dalebout: the one or more hinges 152; Figures 6-11; paragraphs 0102-0103), wherein the hinge allows the platform base to be folded (Dalebout: Figure 11; paragraphs 0102-0103).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the platform base of Lin’s invention modified in view of Dalebout to include a hinge, as taught by Dalebout, in order to allow the platform base to be folded into a more compact configuration for storage (Dalebout: Figure 11; paragraphs 0102-0103).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 6,872,175) in view of Dalebout (US 2014/0162858), and further in view of Fernandez (US 2011/0218077).
Regarding claim 16, Lin in view of Dalebout teaches the invention as substantially claimed, see above, and further teaches wherein the different ones of the plurality of human interface mechanisms are selected from the group consisting of a hand grip (Lin: the handgrips 313, 323; Figures 3 and 4), a wrist strap, an ankle strap, and a waist strap.
However, Lin in view of Dalebout is silent as to: wherein the second ends of the plurality of resistance bands are collectively coupled with a first one of the plurality of human interface mechanisms (refer to the rejection of claim 15 under 35 U.S.C. § 103, see above), and wherein the first one of the plurality of human interface mechanisms is a workout bar.
Fernandez teaches an analogous portable strength training apparatus (10; Figure 1) wherein second ends (the handle clamps 120 of the resistance mechanisms 70; Figure 1) of a plurality of resistance bands (the resistance mechanisms 70; Figure 1) are collectively coupled with a workout bar (the connecting bar 190 together with the stirrup handles 200; Figure 1; paragraphs 0032 and 0036).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the first one of the plurality of human interface mechanisms of Lin’s invention modified in view of Dalebout such that it is a workout bar comprising a connecting bar together with stirrup handles, as taught by Fernandez, in order to link two or more resistance bands together, thus providing a two handed synchronized extension and contraction workout (Fernandez: paragraph 0036).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 6,872,175) in view of Dalebout (US 2014/0162858), and further in view of Blancher (US 2011/0251033).
Regarding claim 20, Lin in view of Dalebout teaches the invention as substantially claimed, see above, and further teaches wherein the platform base is a hard board (Lin: the hard board 20; column 2, lines 9-28; Figures 3, 4, 8, 10, 12, 13, 15, and 16).
However, Lin in view of Dalebout is silent as to: wherein the platform base is made of a material selected from the group consisting of plastic and metal.
Blancher teaches an analogous portable strength training apparatus (Figures 1-4, 11, and 12) comprising a platform base (the rigid board 10; paragraph 0030; Figures 1-4, 11, and 12) made of a material selected from the group consisting of plastic (the rigid board 10 may be made of plastic; paragraph 0030) and metal.
It would have been an obvious matter of design choice before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the platform base of Lin’s invention modified in view of Dalebout such that it is made of plastic, as taught by Blancher, since it appears that the invention would perform equally well with the platform base being a hard board made of plastic, fiberglass, or plywood (Blancher: paragraph 0030), and particularly because substituting one rigid material for another involves only routine skill in the art.
Allowable Subject Matter
Claims 1 and 4-6 are allowed over the prior art.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record (Lin (US 6,872,175) in view of Dalebout (US 2014/0162858)) fails to teach or render obvious a portable strength training apparatus in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein the resistance band may be wrapped around the one or more of the plurality of base attachment mechanisms before or after the resistance band is coupled to the one or more of the plurality of base attachment mechanisms (claim 1).
Response to Arguments
Applicant's arguments filed 12/04/2025 have been fully considered but they are not persuasive.
Applicant’s argument that “all of the pending claims are in condition for allowance” is unpersuasive. The examiner addressed every specific claim limitation with citations from the prior art using applicant’s claim language verbatim. See above.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY D URBIEL GOLDNER whose telephone number is (313)446-6554. The examiner can normally be reached between 9AM and 5PM, Eastern Time, Monday through Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn B Jimenez can be reached on (571)272-4966. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/GARY D URBIEL GOLDNER/Primary Examiner, Art Unit 3784
