DETAILED 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 .
Response to Amendment
This Office Action is in response to an amendment filed on 3/6/2026. As directed by the amendment, claims 2, 4-5, 7-9, and 11-12 were canceled, claims 1 was amended, and claims 13-17 were added. Thus, claims 1, 3, 6, 10 and 13-17 are pending for this application.
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.
Claim 13-16 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.
Claim 13 recites “the ball-joint assembly configured to allow the upper surface of the seat to tilt away from a vertical axis up to 40 degrees in any direction around the vertical axis”, and while the original specification discloses inflection of at least 40 degrees (see Abstract), the original disclosure fails to disclose “up to 40 degrees” of tilting (“up to” sets a maximum fcap, which is more narrow than the original disclosure), and thus this limitation is rejected for introducing new matter.
The remaining claims are rejected due to dependence on a rejected base claim.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3, 6 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase “or the post” in line 18 is unclear whether “the post” is referring to the “stationary post” in line 14 or the “moveable post” in line 15.
The remaining claims are rejected due to dependence on a rejected base claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lynch (US 7,311,645) in view of Ojala (US 2021/0228429), Finkelstein (US 4,884,842), Lockett (US 2007/0111862), Chen (US 2003/0139268) and Cassidy (US 5,941,807).
Regarding claim 1, Lynch discloses (Fig. 1-5) a therapeutic and physical conditioning pivoting system comprising
a seat (seat 22) designed for sitting,
a base (I-frame 2);
a stationary post (comprising first post 14 and second post 20) extending from the base (see Fig. 2);
a U-shaped arm rest (arm rest 30, shown to be U-shaped in Fig. 4)
an arm (seat frame 23) extending from either the base or the post (extends from post 14);
wherein a height of the seat above the base is adjustable to accommodate users of different heights (Col. 4 lines 50-54]); and
wherein the seat is suspended above the base by the arm (see suspension in Fig. 2).
Lynch does not disclose the U-shaped arm rest is connected to a moveable post, the moveable post configured to slide within the stationary post to allow a distance of the U-shaped arm rest from the base to be modified.
However, Ojala teaches (Fig. 1-4) an exercise device comprising a U-shaped arm rest (formed by hand rails 122,124 and hand rail attachment bar 120) wherein the U-shaped arm rest is connected to a moveable post (“inner bar”, paragraph [0026]), the moveable post configured to slide within the stationary post to allow a distance of the U-shaped arm rest from the base to be modified (inner bar slidable within stationary post (outer bar of base 102, paragraph [0026]), which results in changing distance of U-shaped arm rest from base 102 to be modified and thereby allowing for users of different heights to user device, paragraph [0026]).
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 U-shaped arm rest of Lynch to be connected to a moveable post, the moveable post configured to slide within the stationary post to allow a distance of the U-shaped arm rest from the base to be modified, as taught by Ojala, for the purpose of allowing for users of different sizes to use the device effectively (paragraph [0026] Ojala).
Modified Lynch does not disclose the arm is an angled arm; wherein the angled arm positions the seat laterally offset from the stationary post to enable hip flexor exercises by allowing a user to position their back facing the stationary post with their feet flat on a floor.
However, Finkelstein teaches (Fig. 1-4) an exercise seat comprising an angled arm (comprising support flanges 30 and support plate 14, angled as shown in Fig. 2); wherein the angled arm positions the seat laterally offset from the stationary post (see space between seat 12 and post 10 in Fig. 2) to enable hip flexor exercises by allowing a user to position their back facing the stationary post with their feet flat on a floor (“enable” interpreted as intended use, and because device of Finkelstein has structure capable of performing claimed function, this limitation is anticipated by Finkelstein).
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 arm of Lynch to be an angled arm wherein the angled arm positions the seat laterally offset from the stationary post to enable hip flexor exercises by allowing a user to position their back facing the stationary post with their feet flat on a floor, as taught by Finkelstein, for the purpose of allowing for side to side rotation of the seat with respect to the post, thereby improving positionability and allowing for more exercises to be performed (Col. 6 lines 4-9 Finkelstein).
Modified Lynch does not disclose wherein the seat is a concave contoured seat.
However, Lockett teaches (Fig. 1-4) an exercising device having a seat (seat 4) that is a concave (see concavity of groove 26) contoured (“contoured upper surface”, paragraph [0035]) seat.
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 seat of modified Lynch to be a contoured concave seat, as taught by Lockett, for the purpose of improving comfort of user.
Modified Lynch does not disclose a cup and a three-dimensional springy mechanism existing between said seat and said cup for enabling a user of said seat to provide a three-dimensional pivoting for the therapeutic and physical conditioning pivoting system, wherein the three-dimensional springy mechanism includes a ball joint that permits front-to-back and side-to-side inflection of at least 40 degrees, including 360 degrees of rotation, wherein the three-dimensional springy mechanism includes a main spring surrounding the ball joint, the main spring providing controlled resistance during forward and backward leaning movements to engage the user's hip flexors, and wherein the cup is at one end of the angled arm.
However, Chen teaches (Fig. 1-7) a seating assembly comprising a cup (circular flange 104, which is cup shaped as shown in Fig. 2-3), and a three-dimensional springy mechanism (comprising spring 18, collar 15, ball 16, and collar 15) existing between said seat and said cup (see Fig. 3) for enabling a user of said seat to provide a three-dimensional pivoting for the therapeutic and physical conditioning (see Fig. 4 and Abstract), wherein the three-dimensional springy mechanism includes a ball joint (ball 16 connected to recess 144) that permits front-to-back and side-to-side inflection of at least 40 degrees, including 360 degrees of rotation (360 degree of rotation possible due to being a ball joint, which are well known to provide 360 degree rotatability), wherein the three-dimensional springy mechanism includes a main spring (spring 18) surrounding the ball joint, the main spring providing controlled resistance (inherent property of a spring) during forward and backward leaning movements to engage the user's hip flexors (interpreted as intended use, therefore because structure of Chen can achieve this function when combined with the modified Finkelstein reference, this limitation is comprehended).
Chen does not disclose wherein the cup is at one end of the angled arm.
However, Cassidy teaches (Fig. 1-4) an angled arm (pivotable arm 82) extending from the base (base 14), wherein the cup (bearing 86) is at one end of the angled arm.
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 system of modified Lynch to include a cup and a three-dimensional springy mechanism existing between said seat and said cup for enabling a user of said seat to provide a three-dimensional pivoting for the therapeutic and physical conditioning pivoting system wherein the three-dimensional springy mechanism includes a ball joint that permits front-to-back and side-to-side inflection of at least 40 degrees, including 360 degrees of rotation, wherein the three-dimensional springy mechanism includes a main spring surrounding the ball joint, the main spring providing controlled resistance during forward and backward leaning movements to engage the user's hip flexors, as taught by Chen, for the purpose of allowing a seated user to swing and twist their body so that twisting abdominal exercises can be performed to improve balance and strength (Abstract Chen), and to further modify the invention of modified Lynch such that the cup is at one end of the angled arm, as taught by Cassidy, for the purpose of allowing the seat to be inclinable, thereby improving therapeutic affect and customization.
Regarding claim 3, modified Lynch discloses said three-dimensional springy mechanism includes a stationary ball (ball 16 of Chen) and a movable ball retainer (collar 15 of Chen) coupled to said seat for permitting motion of said seat above a vertical axis, including front to back inflection and side-to-side inflection of at least 40, including 360 degrees of rotation (see Fig. 2-4 and paragraph [0020] of Chen).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lynch (US 7,311,645) in view of Ojala (US 2021/0228429), Finkelstein (US 4,884,842), Lockett (US 2007/0111862), Chen (US 2003/0139268) and Cassidy (US 5,941,807), and further in view of Harrison (US 2013/0241253).
Regarding claims 6, modified Lynch discloses a springy mechanism but does not disclose an apparatus coupled to said three-dimensional springy mechanism for alternately stopping and enabling operation of said three-dimensional springy mechanism.
However, Harrison teaches (Fig. 2A-2B and 5A-6B) apparatus (brake lever 525) coupled to said three-dimensional springy mechanism (via locking pad 510) for alternately stopping and enabling operation of said three-dimensional springy mechanism (paragraph [0060]), in which said apparatus composes a lever (lever 525) having an end engageable and disengageable with said ball (bearing 50) and a spring (spring 80) biasing said lever end into engagement with said ball (see Fig. 2A).
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 system of modified Lynch to include an apparatus coupled to said three-dimensional springy mechanism for alternately stopping and enabling operation of said three-dimensional springy mechanism, in which said apparatus composes a lever having an end engageable and disengageable with said ball and a spring biasing said lever end into engagement with said ball, as taught by Harrison, for the purpose of allowing user to lock device to prevent unwanted tilting when not in use.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lynch (US 7,311,645) in view of Ojala (US 2021/0228429), Finkelstein (US 4,884,842), Lockett (US 2007/0111862), Chen (US 2003/0139268) and Cassidy (US 5,941,807), and further in view of Johnson (US 10,966,528).
Regarding claim 10, modified Lynch discloses a method of exercising core muscles (Col. 1 lines 5-10 Lynch)) using a therapeutic and physical conditioning pivoting system, the method comprising:
providing the system of claim 1 (see rejection of claim 1 above).
Modified Lynch discloses positioning the user on the seat wherein the user's back is facing the stationary post (Col. 6 lines 33-40 Lynch), and performing core exercises (Col. 6 lines 33-40 Lynch), but does not disclose engaging core muscles to maintain balance while seated on the seat; and performing controlled movements on the seat in multiple directions using the user’s own body weight for resistance including front-to- back and side-to-side movements through the ball joint that permits 360 degrees of rotation.
However, Johnson teaches (Fig. 1-5F) a method of exercising a core of a user using a seat (seat 306) comprising steps of positioning the user on the seat wherein the bottoms of feet of the user flat on a floor (see positioning of feet in Fig. 5A-5F); engaging core muscles to maintain balance while seated on the seat (Col. 6 lines 26-35); and performing controlled movements on the seat in multiple directions, including front-to- back (see Figs. 5D-5F) side-to-side (see Fig. 5A-5C) movements (Col. 6 lines 15-20), through the ball joint that permits 360 degrees of rotation (360 degrees of rotation disclosed by Johnson, shown in Fig. 2A. The rotation being due to ball joint is already disclosed by the combined Donofrio reference).
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 method of modified Lynch to include the steps of the steps of engaging core muscles to maintain balance while seated on the seat; and performing controlled movements on the seat in multiple directions using the user’s own body weight for resistance including front-to- back and side-to-side movements through the ball joint that permits 360 degrees of rotation, as taught by Johnson, for the purpose of improving balance, posture and core strength of user (Col. 6 lines 29-35 Johnson).
Claim(s) 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Finkelstein (US 4,884,842) in view of Lynch (US 7,311,645), Chen (US 2003/0139268) and Cassidy (US 5,941,807).
Regarding claim 13, Finkelstein discloses (Fig. 1-4) a physical conditioning and therapeutic conditioning system (Abstract), the system comprising:
an open-frame structure comprising a U-shaped support bar (U-shaped base 44) connected to a chair post (comprising hollow post 28 and vertical sleeve 42);
a support arm (comprising support flanges 30 and support plate 14) connected to the open-frame structure (see Fig. 1-2);
a seat (seat 12) coupled to the support arm.
Finkelstein does not disclose a U-shaped arm rest connected to the U-shaped support bar by the chair post; the seat disposed laterally between a pair of opposing handles of the U-shaped arm rest, an upper surface of the seat interposed vertically between the U-shaped arm rest and above the U-shaped support bar.
However, Lynch teaches (Fig. 1-4) an exercise device comprising a U-shaped arm rest ((arm rest 30, shown to be U-shaped in Fig. 4) connected to a base (I-frame 2) by the chair post (posts 14, 20); the seat disposed laterally between a pair of opposing handles of the U-shaped arm rest (see Fig. 4), an upper surface of the seat interposed vertically between the U-shaped arm rest and above the base (see Fig. 3). Regarding Lynch not disclosing a U-shaped support bar, the U-shaped support bar is already taught by the Finkelstein reference, and one of ordinary skill would recognize that the base 2 of Lynch serve the same purpose of providing support on a floor surface as the U-shaped bar 44 of Finkelstein and thus the claimed structural relationships are comprehended by the combination of the references.
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 apparatus of Finkelstein to include a U-shaped arm rest connected to the U-shaped support bar by the chair post; the seat disposed laterally between a pair of opposing handles of the U-shaped arm rest, an upper surface of the seat interposed vertically between the U-shaped arm rest and above the U-shaped support bar, as taught and suggested by Lynch, for the purpose of providing a gripping point for a user so that balance can be better maintained during course of therapy.
Modified Finkelstein does not disclose a ball-joint assembly connecting the seat to the support arm, the ball-joint assembly comprising a spring that circumferentially surrounds a ball joint, the ball-joint assembly configured to allow the upper surface of the seat to tilt away from a vertical axis up to 40 degrees in any direction around the vertical axis.
However, Chen teaches (Fig. 1-7) a seating assembly comprising a ball-joint assembly comprising a spring (spring 18) that circumferentially surrounds a ball joint (comprising ball 16 connected to recess 144 and post 162), the ball-joint assembly configured to allow the upper surface of the seat to tilt away from a vertical axis up to 40 degrees in any direction around the vertical axis (“allow” interpreted as device capable performing function, therefore because ball joint assembly allows for seat to tilt away from vertical up to 40 degrees in any direction (i.e. user stops tilting at 40 degree point), this limitation is comprehended by Chen).
Chen does not disclose the ball-joint assembly connects the seat to the support arm.
However, Cassidy teaches (Fig. 1-4) an angled arm (pivotable arm 82) extending from the base (base 14), wherein the cup (bearing 86) is at one end of the angled arm and thus connects a seat (platform 80) to the support arm (arm 82).
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 system of modified Finkelstein to include a ball-joint assembly comprising a spring that circumferentially surrounds a ball joint, the ball-joint assembly configured to allow the upper surface of the seat to tilt away from a vertical axis up to 40 degrees in any direction around the vertical axis, as taught and suggested by Chen, for the purpose of allowing a seated user to swing and twist their body so that twisting abdominal exercises can be performed to improve balance and strength (Abstract Chen), and to further modify the invention of modified Finkelstein such that the ball-joint assembly connects the seat to the support arm, as taught by Cassidy, for the purpose of allowing the seat to be inclinable, thereby improving therapeutic affect and customization.
Regarding claim 14, modified Finkelstein disclose the U-shaped arm rest comprises a downwardly extending extension (clamp 33 of Lynch, having a bottom portion that is downwardly extending as shown in Fig. 2 Lynch) joined to the chair post by a pin (pin 35 Lynch), the pin configured to allow adjustment of a distance between the U-shaped arm rest and the U-shaped base (pin 35, when pulled, unlocks clamp 34 which allows U-shaped arm rest ot fold downward, which changes distance between the U-shaped base and U-shaped arm rest by decreasing the distance, see Figs. 5-6 and Col. 5 lines 10-29).
Regarding claim 15, modified Finkelstein discloses wherein the spring is contained between a cup (circular flange 104 of Chen, which is cup shaped as shown in Fig. 2-3 Chen) disposed on the support arm (ball joint assembly is disposed on support arm and thus cup is disposed on support arm) and a pressure plate (protrusion 142 Chen) disposed on the seat (bottom of seat 14, see Fig. 2-3 Chen).
Regarding claim 16, modified Finkelstein discloses wherein the ball-joint assembly comprises a ball (ball 16 of Chen) formed at an upper end of an interior post (post 162 Chen), the interior post extending through a core of the spring (see Fig. 3 Chen).
Regarding claim 17, modified Finkelstein discloses wherein the seat comprises a ball retainer socket (recess 144 of Chen) sized to receive the ball (see Fig. 3 Chen).
Response to Arguments
Applicant’s arguments filed 3/6/2026 with respect to claim(s) 1 have been considered but are moot because the new ground of rejection relies on one or more reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kao (US 2020/0323725) discloses a therapy device having U-shaped arm rests and U-shaped support.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MOON/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785