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 .
This Office Action is a third Non-Final Rejection in view of an updated interpretation of the claims and the prior art. The previous rejections and indications of allowable subject matter have been withdrawn and a new grounds of rejection is provided below.
Response to Amendment
The amendment filed 3/2/2026 has been entered.
Claims 1 and 9 have been cancelled.
Claims 30-34 are new.
Claims 2-8 and 10-34 are currently pending and considered below.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application is a continuation of prior-filed US Application 17/024,815, issued as Patent 11,358,020 on 06/14/2022.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: an inner slidable engagement assembly (claims 3, 19, 25); an outer slidable engagement assembly (claims 4, 21).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The inner slidable engagement assembly and the outer slidable engagement assembly for each of the first and second sleeve member, coupled with functional language “configured to facilitate rotation of the [first or second] sleeve member about the bar member” and without reciting sufficient structure, have been interpreted to cover the corresponding structures of “one of a bushing and a bearing” as defined in paragraph 19 of the specification.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 5 and 15 are objected to because of the following informalities:
Claim 5, line 8, “the bar” should read ---the bar member---
Claim 15, line 2, “an outer surface” should read ---the outer surface---
Claim 15, lines 2-3, “at least 50 ksi” should read ---at least -50 ksi--- to properly indicate that the force is indicative of a compressive residual stress as disclosed by applicant in pars. [0056]-[0057]
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 3-4, 8, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schnell (US 4455020).
Regarding independent claim 3, Schnell discloses a barbell comprising:
a bar member (2) having a first end and a second end opposite the first end (left and right ends), and defining a central region (Fig. 1), with a first side sleeve region proximate the first end (portion of bar 2 received within tubed section 3) and a second side sleeve region proximate the second end (portion of bar 2 received within tubed section 4);
a first side weight assembly including:
a first sleeve member (tubed section 3), with the first side sleeve region of the bar member being received in the first sleeve member (Figs. 2-5); and
a second side weight assembly including:
a second sleeve member (tubed section 4), with the second side sleeve region of the bar member being received in the second sleeve member (Figs. 2-5);
wherein the bar member includes a first surface enhanced region positioned at a location between the first end and the central region of the bar member, and a second surface enhanced region positioned at a location between the second end and the central region of the bar member,
wherein the first surface enhanced region and the second surface enhanced region are spaced apart from each other along the bar member (the first and second surface enhanced regions are only clarified by their placement, therefore any portion of the bar can be considered a surface enhanced region absent further structural and/or functional limitations); and
wherein the first side weight assembly further comprises:
an inner slidable engagement assembly (elastomeric bearing sleeve 12) positioned within an inner bore of the first sleeve member, and between the first sleeve member and the bar member (Figs. 2-5), and configured to facilitate rotation of the first sleeve member about the bar member (col. 4 lines 14-21, “The tube sections 3 and 4, e.g. as shown for the tube section 4 in FIG. 2, can be fitted onto the ends of the bar 2 with a comparatively large clearance 11 such that elastomeric bearing sleeves 12 and 13 pressfitted into the tube section 4, are interposed between the tube section and the bar 2. The inner peripherie 14 and 15 of these sleeves are rotatable upon the outer surface of the bar 2 “),
wherein the first surface enhanced region extends from the first side sleeve region so as to be at least partially engageable by the inner slidable engagement assembly of the first side weight assembly (as noted above, any portion of the bar can be considered an enhanced region); and
wherein the second side weight assembly further comprises:
an inner slidable engagement assembly (elastomeric bearing sleeve 12) positioned within an inner bore of the second sleeve member, and between the second sleeve member and the bar member (Figs. 2-5), and configured to facilitate rotation of the second sleeve member about the bar member (col. 4 lines 14-21),
wherein the second surface enhanced region extends from the second side sleeve region so as to be at least partially engageable by the inner slidable engagement assembly of the second side weight assembly (as noted above, any portion of the bar can be considered an enhanced region).
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Regarding claim 4, Schnell further discloses wherein the first side weight assembly further comprises an outer slidable engagement assembly (elastomeric bearing sleeve 13) positioned within the inner bore of the first sleeve member, and between the first sleeve member and the bar member (Figs. 2-5), and configured to facilitate rotation of the first sleeve member about the bar member (col. 4 lines 14-21), and the second side weight assembly further comprises an outer slidable engagement assembly (elastomeric bearing sleeve 13) positioned within the inner bore of the second sleeve member, and between the second sleeve member and the bar member (Figs. 2-5), and configured to facilitate rotation of the second sleeve member about the bar member (col. 4 lines 14-21).
Regarding claim 8, Schnell further discloses wherein the inner slidable engagement assembly (elastomeric bearing sleeve 12) and the outer slidable engagement assembly (elastomeric bearing sleeve 13) of each of the first side weight assembly and the second side weight assembly comprises one of a bushing and a bearing (i.e., bearing sleeve).
Regarding independent claim 16, Schnell discloses a barbell comprising:
a bar member (2) having a first end and a second end opposite the first end (left and right ends), and defining a central region (Fig. 1), with a first side sleeve region proximate the first end (portion of bar 2 received within tubed section 3) and a second side sleeve region proximate the second end (portion of bar 2 received within tubed section 4);
a first side weight assembly including:
a first sleeve member (tubed section 3), with the first side sleeve region of the bar member being received in the first sleeve member (Figs. 2-5); and
a second side weight assembly including:
a second sleeve member (tubed section 4), with the second side sleeve region of the bar member being received in the second sleeve member (Figs. 2-5);
wherein the bar member includes a first surface enhanced region positioned at a location between the first end and the central region of the bar member, and a second surface enhanced region positioned at a location between the second end and the central region of the bar member,
wherein the first surface enhanced region and the second surface enhanced region are spaced apart from each other along the bar member (the first and second surface enhanced regions are only clarified by their placement, therefore any portion of the bar can be considered a surface enhanced region),
wherein the first sleeve member further comprises a shoulder portion (24, 25, 26) at an inner end of the first sleeve member, with a weight surface (outer surface of tubed section 3) extending outwardly therefrom to an outer end of the first sleeve member (Fig. 2),
wherein the second sleeve member further comprises a shoulder portion (24, 25, 26) at an inner end of the second sleeve member, with a weight surface (outer surface of tubed section 4) extending outwardly therefrom to an outer end of the second sleeve member (Fig. 2),
wherein at least a portion of the weight surface, and an entirety of the shoulder portion of the first sleeve member overlie the first surface enhanced region of the bar member (as noted above, any portion of the bar can be considered an enhanced region), and
wherein at least a portion of the weight surface, and an entirety of the shoulder portion of the second sleeve member overlie the second surface enhanced region of the bar member (as noted above, any portion of the bar can be considered an enhanced region).
Claims 19-21 and 25-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 9314661).
Regarding independent claim 19, Chen discloses a barbell (1) comprising:
a bar member (10) having a first end and a second end opposite the first end (left and right ends), and defining a central region (Fig. 1), with a first side sleeve region on one side of the central region (portion of bar received by left tubular member 20 and stop 13) and a second side sleeve region on a second side of the central region opposite the first side sleeve region (portion of bar received by right tubular member 20 and stop 13), and an outer surface (Fig. 1);
a first side weight assembly including:
a first sleeve member having an inner end and an outer end (tubular member 20), with the first side sleeve region of the bar member being received in the first sleeve member (Figs. 1-2); and
an inner slidable engagement assembly (inner pivotal unit 30) positioned within a first inner bore of the first sleeve member, between the first sleeve member and the bar member proximate the inner end of the first sleeve member (see Fig. 3), and configured to facilitate rotation of the first sleeve member about the bar member (via bearing 320); and
a second side weight assembly including:
a second sleeve member having an inner end and an outer end (tubular member 20), with the second side sleeve region of the bar member being received in the second sleeve member (Figs. 1-2); and
an inner slidable engagement assembly (inner pivotal unit 30) positioned within a second inner bore of the second sleeve member, between the second sleeve member and the bar member proximate the inner end of the second sleeve member (see Fig. 3), and configured to facilitate rotation of the second sleeve member about the bar member (via bearing 320),
wherein the bar member includes a first surface enhanced region extending from the first side sleeve region, and a second surface enhanced region extending from the second side sleeve region,
wherein the first surface enhanced region and the second surface enhanced region are spaced apart from each other along the bar member (the first and second surface enhanced regions are only clarified by their placement, therefore any portion of the bar can be considered a surface enhanced region),
the first surface enhanced region is at least partially engageable by the inner slidable engagement assembly of the first side weight assembly and extends beyond the inner end of the first sleeve member into the central region (as noted above, any portion of the bar can be considered a surface enhanced region), and
the second surface enhanced region is at least partially engageable by the inner slidable engagement assembly of the second side weight assembly and extends beyond the inner end of the second sleeve member into the central region (as noted above, any portion of the bar can be considered a surface enhanced region).
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Regarding claim 20, Chen further discloses wherein:
the first sleeve member further has a weight surface (outer surface of tubular member 20), the first inner bore having a first bore inner bearing region and a first bore outer bearing region (see Fig. 3, recessed regions receiving inner and outer pivotal units 30, respectively), each of the first bore inner bearing region and the first bore outer bearing region having a diameter larger than a diameter of a central portion of the first inner bore (see Fig. 3); and
the second inner bore has a second bore inner bearing region and a second bore outer bearing region (see Fig. 3, recessed regions receiving inner and outer pivotal units 30, respectively), each of the second bore inner bearing region and the second bore outer bearing region having a diameter larger than a diameter of a central portion of the second inner bore (see Fig. 3).
Regarding claim 21, Chen further discloses wherein
the first side weight assembly includes:
a first outer slidable engagement assembly (outer pivotal unit 30) positioned within the first inner bore between the first sleeve member and the bar member proximate the outer end of the first sleeve member and seated in the first bore outer bearing region (see Fig. 3), and configured to facilitate rotation of the first sleeve member about the bar member (via bearing 32); and
the second side weight assembly includes:
a second outer slidable engagement assembly (outer pivotal unit 30) positioned within the second inner bore between the second sleeve member and the bar member proximate the outer end of the second sleeve member and seated in the second bore outer bearing region (see Fig. 3), and configured to facilitate rotation of the second sleeve member about the bar member (via bearing 32).
Regarding independent claim 25, Chen discloses a barbell comprising:
a bar member (10) having a first end and a second end opposite the first end (left and right ends), and defining a central region (Fig. 1), with a first side sleeve region on one side of the central region (portion of bar received by left tubular member 20 and stop 13) and a second side sleeve region on a second side of the central region opposite the first side sleeve region (portion of bar received by right tubular member 20 and stop 13), and an outer surface (Fig. 1);
a first side weight assembly including:
a first sleeve member having an inner end and an outer end (tubular member 20), with the first side sleeve region of the bar member being received in the first sleeve member (Fig. 3), the first sleeve member having a weight surface (outer surface) and an inner bore (Fig. 3), with the first side sleeve region of the bar member extending into the inner bore of the first sleeve member (Fig. 3), and the inner bore having a bore inner bearing region having a diameter larger than a diameter of a central portion of the inner bore (see Fig. 3, recessed regions receiving inner pivotal unit 30); and
an inner slidable engagement assembly (inner pivotal unit 30) positioned between the first sleeve member and the bar member and configured to facilitate rotation of the first sleeve member about the bar member (via bearing 320),
wherein the inner slidable engagement assembly of the first side weight assembly is positioned within the inner bore between the first sleeve member and the bar member proximate the inner end of the first sleeve member and is seated in the bore inner bearing region (Fig. 3); and
a second side weight assembly including:
a second sleeve member having an inner end and an outer end (tubular member 20), with the second side sleeve region of the bar member being received in the second sleeve member (Fig. 3), the second sleeve member having a weight surface (outer surface) and an inner bore (Fig. 3), with the second side sleeve region of the bar member extending into the inner bore of the second sleeve member (Fig. 3), and the inner bore having a bore inner bearing region having a diameter larger than a diameter of a central portion of the inner bore (see Fig. 3, recessed regions receiving inner pivotal unit 30); and
an inner slidable engagement assembly (inner pivotal unit 30) positioned between the second sleeve member and the bar member and configured to facilitate rotation of the second sleeve member about the bar member (via bearing 320),
wherein the inner slidable engagement assembly of the second side weight assembly is positioned within the inner bore between the second sleeve member and the bar member proximate the inner end of the second sleeve member and is seated in the bore inner bearing region (Fig. 3);
wherein the bar member includes a first surface enhanced region extending from the first side sleeve region, and a second surface enhanced region extending from the second side sleeve region,
wherein the first surface enhanced region and the second surface enhanced region are spaced apart from each other along the bar member (the first and second surface enhanced regions are only clarified by their placement, therefore any portion of the bar can be considered a surface enhanced region),
wherein the first surface enhanced region is at least partially engageable by the inner slidable engagement assembly of the first side weight assembly and extends beyond the inner end of the first sleeve member into the central region (as noted above, any portion of the bar can be considered a surface enhanced region), and
wherein the second surface enhanced region is at least partially engageable by the inner slidable engagement assembly of the second side weight assembly and extends beyond the inner end of the second sleeve member into the central region (as noted above, any portion of the bar can be considered a surface enhanced region).
Regarding claim 26, Chen further discloses wherein:
the first side weight assembly includes a coupling assembly region comprising:
a retention ring (positioning member 34) seated within an annular channel formed in the bar member (see Fig. 3); and
an annular stop wall (22) on the inner bore, the retention ring contacting the annular stop wall to prevent slidable movement of the bar member axially inwardly with respect to the first sleeve member (via engagement with bearing 32 and washer 31; as applicant discloses the retention ring of the instant invention contacts the annular stop wall via washers, see par. 55 and Fig. 5, the Office holds Chen similarly teaches the retention ring/positioning member 34 contacts the annular stop wall via bearing 32 and washer 31), and
the second side weight assembly includes a coupling assembly region comprising:
a retention ring (positioning member 34) seated within an annular channel formed in the bar member (Fig. 3); and
an annular stop wall (22) on the inner bore, the retention ring contacting the annular stop wall to prevent slidable movement of the bar axially inwardly with respect to the second sleeve member (via engagement with bearing 32 and washer 31; as applicant discloses the retention ring of the instant invention contacts the annular stop wall via washers, see par. 55 and Fig. 5, the Office holds Chen similarly teaches the retention ring/positioning member 34 contacts the annular stop wall via bearing 32 and washer 31).
Regarding claim 27, Chen further discloses wherein:
the coupling assembly region of the first side weight assembly includes a washer (31) outward and adjacent to the retention ring (Fig. 3, washer 31 indirectly adjacent to retention ring/positioning member 34); and
the coupling assembly region of the second side weight assembly includes a washer (31) outward of and adjacent to the retention ring (Fig. 3, washer 31 indirectly adjacent to retention ring/positioning member 34).
Claim Rejections - 35 USC § 103
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 following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 10-15, 17-18, 30-32, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 2012/0094810) in view of Prevey (US 5826453, hereinafter referred to as Prevey 1).
Regarding independent claim 2, Anderson teaches a barbell comprising:
a bar member (12) having a first end and a second end opposite the first end (left and right ends), and defining a central region (see Fig. 1), with a first side sleeve region (where the sleeve 26 is placed) proximate the first end and a second side sleeve region (where sleeve 28 is placed) proximate the second end (see Fig. 1), the central region having a knurled portion (“The bar is often engraved in its central region with a knurled pattern where it is to be gripped by the user.” See paragraph [0004]);
a first side weight assembly including:
a first sleeve member (26), with the first side sleeve region of the bar member being received in the first sleeve member (see Fig. 1); and
a second side weight assembly including:
a second sleeve member (28), with the second side sleeve region of the bar member being received in the second sleeve member (see Fig. 1);
wherein the bar member includes a first surface enhanced region positioned at a location between the first end and the central region of the bar member, and a second surface enhanced region positioned at a location between the second end and the central region of the bar member, wherein the first and second surface enhanced regions extend over portions of the bar other than the knurled portion, and wherein the first surface enhanced region and the second surface enhanced region are spaced apart from each other along the bar member (the first and second surface enhanced regions are only clarified by their placement and from a limitation directed to the process of making the device, therefore any portion of the bar can be considered a surface enhanced region). Anderson further discloses that the bar is made of metal.
Anderson fails to specifically disclose that the first and second surface enhanced regions each have compressive residual stress within the bar member directed from an outer surface towards an axis of the bar member. However, as noted above this limitation appears to refer to a method of forming the bar/process of making the device, and the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight.
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However, in the interest of furthering prosecution, Prevey 1 teaches a burnishing method, further teaching that burnishing has been used to improve surface finish, fatigue life, and corrosion resistance (Col. 1 lines 33-34) of a metal workpiece (Fig. 4), using a single-point burnishing process to be applied to a surface of the workpiece to provide deep compression with a minimal amount of cold working and surface hardening (Abstract), further to be used on a defined area of the surface of the workpiece to be burnished (Col. 3 lines 52-53, "In particular, the area to be burnished along the surface of the workpiece is defined"), thereby inducing a compressive residual stress to the surface of the workpiece.
It would have been obvious to a person having ordinary skill in the art to modify the entire surface of the metal bar member of Anderson to be burnished to induce compressive residual stress as taught by Prevey 1 to increase the subsurface hardness of the metal thereby increasing the durability of the bar member (Prevey 1 col. 8 lines 33-44).
Regarding claims 10-12, Anderson as modified by Prevey 1 further teaches wherein the compressive residual stress of each of the first and second surface enhanced regions extends from the outer surface of the bar member to 0.01 inches inwardly from the outer surface of the bar member (claim 10), to 0.025 inches inwardly from the outer surface (claim 11), and to 0.035 inches inwardly from the outer surface of the bar member (see graph in Fig. 5a of Prevey 1 showing depths of compressive residual stress achievable by the single-point burnishing method, including 0.01, 0.025, and 0.035 inches).
Regarding claim 13, Anderson as modified by Prevey 1 further teaches wherein each of the first and second surface enhanced regions have a length of 1.75 inches and extend about an entire circumference of the bar member along the outer surface thereof (as modified above in claim 2, the entirety of bar member 12 of Anderson will receive the single-point burnishing method of Prevey 1 and therefore any section of the bar of 1.75 inches will comprise compressive residual stress).
Regarding claim 14, Anderson as modified by Prevey 1 further teaches wherein a cold working percentage of the first and second surface enhanced regions is less than 3.5% (Prevey 1, col. 7 lines 38-45, “Further, it has been unexpectedly found that by cold working the surface less than about 3.5%, and perferably less than about 2.0%, results in longer retention of compressive residual stress at elevated temperature, less rapid relaxation under cyclic loading, and minimizes the alteration of the residual stress field during tensile or compressive overload than conventional cold working and surface hardening processes.”).
Regarding claim 15, Anderson as modified by Prevey 1 further teaches wherein the compressive residual stress at an outer surface of each of the first and second surface enhanced regions is at least 50 ksi (see Fig. 5a of Prevey 1 showing ksi values for compressive residual stress, including a compressive residual stress of at least -50 ksi, where the negative indicates compressive residual stress).
Regarding claim 17, Anderson as modified by Prevey 1 further teaches wherein the bar member (12) includes a cross-sectional configuration that is circular and has a diameter of between 24 mm and 30 mm (see Anderson Fig. 1 showing circular configuration of bar member 12, par. [0004], “Barbells typically have a generally longitudinally-extending bar that is between 4 feet (1.2 m) and 7 feet (2.1 m) long, with a diameter of approximately one inch (2.54 cm)”).
Regarding claim 18, Anderson as modified by Prevey 1 further teaches wherein the first side weight assembly and the second side weight assembly are mirror images of each other taken about an axis bisecting the bar member (see Fig. 1).
Regarding claim 30, Anderson as modified by Prevey 1 further teaches wherein the first and second surface enhanced regions are formed using low plasticity burnishing (as disclosed by applicant in par. [0061], the method taught by Prevey 1 constitutes a variation of low plasticity burnishing; see also Prevey 1 col. 7 lines 45-51, “the burnishing method and the apparatus for implementing the method of the present invention automatically provides lubrication and cooling at the point of contact of the workpiece and the contact portion of the burnishing head thereby minimizing the deformation of the surface of the workpiece and without preventing or hindering the burnishing operation.”).
Regarding claim 31, Anderson as modified by Prevey 1 further teaches wherein the first and second surface enhanced regions are formed using a burnishing technique (single-point burnishing process of Prevey 1).
Regarding claim 32, Anderson as modified by Prevey 1 further teaches wherein the first and second surface enhanced regions are formed using a technique selected from a group consisting of burnishing, deep rolling, laser shocking, heat treatment, etching, electropolishing, shot peening, gravity peening, grit blasting, and tumbling (single-point burnishing process of Prevey, III).
Regarding claim 34, Anderson as modified by Prevey 1 further teaches wherein the first and second surface enhanced regions further extends into the knurled portion (as modified by Prevey 1, the entirety of the bar will receive the burnishing taught to induce compressive residual stresses in the bar member, including the portion of the bar having knurling).
Claims 2 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 2012/0094810) and further in view of Prevey (US 6415486, hereinafter referred to as Prevey 2).
Regarding independent claim 2, Anderson teaches a barbell comprising:
a bar member (12) having a first end and a second end opposite the first end (see Fig. 1), and defining a central region (see Fig. 1), with a first side sleeve region (where the sleeve 26 is placed) proximate the first end and a second side sleeve region (where sleeve 28 is placed) proximate the second end (see Fig. 1), the central region having a knurled portion (“The bar is often engraved in its central region with a knurled pattern where it is to be gripped by the user.” See paragraph [0004]);
a first side weight assembly including:
a first sleeve member (26), with the first side sleeve region of the bar member being received in the first sleeve member (see Fig. 1); and
a second side weight assembly including:
a second sleeve member (28), with the second side sleeve region of the bar member being received in the second sleeve member (see Fig. 1);
wherein the bar member includes a first surface enhanced region positioned at a location between the first end and the central region of the bar member, and a second surface enhanced region positioned at a location between the second end and the central region of the bar member, wherein the first and second surface enhanced regions extend over portions of the bar other than the knurled portion, and wherein the first surface enhanced region and the second surface enhanced region are spaced apart from each other along the bar member (the first and second surface enhanced regions are only clarified by their placement and from a limitation directed to the process of making the device, therefore any portion of the bar can be considered a surface enhanced region). Anderson further discloses that the bar is made of metal.
Anderson fails to specifically disclose that the first and second surface enhanced regions each have compressive residual stress within the bar member directed from an outer surface towards an axis of the bar member. However, as noted above this limitation appears to refer to a method of forming the bar/process of making the device, and the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight.
However, in the interest of furthering prosecution, Prevey 2 teaches a method of imparting compressive residual stress in the surface of a metal part to improve fatigue and stress corrosion performance of the part (Col. 1 lines 15-20), using shot peening, grit blasting, tumbling, or other similar abrasive impact processes to induce a layer of compressive residual stress along the surface of the part (Col. 8 lines 1-7).
It would have been obvious to a person having ordinary skill in the art to modify the metal bar of Anderson to be treated by the method of Prevey 2 to induce compressive residual stress in the surface layer of the entire bar member to increase the subsurface hardness of the metal thereby increasing the durability of the bar member (Prevey 2 col. 8 lines 1-7).
Regarding claim 33, Anderson as modified by Prevey 2 teaches wherein the first and second surface enhanced regions are formed using an abrasive impact process (see Prevey 2 col. 8 lines 1-7).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Schnell (US 4455020) in view of Chen (US 9314661).
Regarding claim 5, Schnell teaches wherein the first and second side weight assemblies include a coupling assembly region comprising two rings (either 16 and 19 or 17 and 20) to prevent axial movement of the bar member relative to the first and second sleeve members (see col. 4 lines 21-28), but fails to teach wherein: the first side weight assembly includes a coupling assembly region comprising: a retention ring seated within an annular channel formed in the bar member; and an annular stop wall on the inner bore, the retention ring contacting the annular stop wall to prevent slidable movement of the bar member axially inwardly with respect to the first sleeve member, and the second side weight assembly includes a coupling assembly region comprising: a retention ring seated within an annular channel formed in the bar; and an annular stop wall on the inner bore, the retention ring contacting the annular stop wall to prevent slidable movement of the bar member axially inwardly with respect to the second sleeve member.
Chen teaches an analogous barbell comprising first and second side weight assemblies (Fig. 1), each of the side weight assemblies comprising a coupling assembly region (prior art barbell represented by Figs. 6-7) comprising a retention ring (formed by positioning members 74) seated within an annular channel formed in a bar member (Fig. 7, channel/groove 71 in bar member 70), and an annular stop wall on an inner bore of a sleeve member (shoulder 82), the retention ring contacting the annular stop wall to prevent slidable movement of the bar member axially inwardly with respect to the first sleeve member (via engagement with bearing 72 and ring 73; as applicant discloses the retention ring of the instant invention contacts the annular stop wall via washers, see par. 55 and Fig. 5, the Office holds Chen similarly teaches the retention ring/positioning members 74 contact the annular stop wall/shoulder 82 via bearing 72 and ring 73). Chen further teaches wherein the coupling assembly region comprises washers (rings 73, 75) and spring rings (76) that similarly function to prevent slidable axial movement of the bar member relative to the sleeve member (see Fig. 7).
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to substitute the coupling assembly region of Schnell with the coupling assembly region of Chen, including a retention ring and annular stop wall, as a matter of simple substitution of one known coupling assembly region of a barbell for another known coupling assembly region for a barbell for the purpose of achieving the same intended results of preventing axial movement of the bar member relative to the sleeve member for each of the side weight assemblies.
Regarding claim 6, Schnell as modified by Chen teaches wherein:
the coupling assembly region of the first side weight assembly includes a washer (either of ring 73 or ring 75 of Chen) outward and adjacent to the retention ring (Fig. 7 of Chen), and
the coupling assembly region of the second side weight assembly includes a washer (either of ring 73 or ring 75 of Chen) outward of and adjacent to the retention ring (Fig. 7 of Chen).
Regarding claim 7, Schnell as modified by Chen teaches wherein:
the coupling assembly region of the first side weight assembly includes a spring ring (clips 76 of Chen) seated in an annular slot in the inner bore of the first sleeve member outward of the annular channel (Fig. 7 of Chen), the spring ring contacting the washer (75 of Chen) to prevent slidable movement of the bar member axially outwardly with respect to the first sleeve member (Fig. 7 of Chen), and
the coupling assembly region of the second side weight assembly includes a spring ring (clips 76 of Chen) seated in an annular slot in the inner bore of the second sleeve member outward of the annular channel (Fig. 7 of Chen), the spring ring contacting the washer (75 of Chen) to prevent slidable movement of the bar member axially outwardly with respect to the second sleeve member (Fig. 7 of Chen).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Schnell (US 4455020) and further in view of Prevey (US 5826453, hereinafter referred to as Prevey 1).
Regarding claim 29, Schnell does not teach wherein the first and second surface enhanced regions each have compressive residual stress within the bar member directed from an outer surface towards an axis of the bar member. However, this limitation appears to refer to a method of forming the bar/process of making the device, and the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight.
However, in the interest of furthering prosecution, Prevey 1 teaches a burnishing method, further teaching that burnishing has been used to improve surface finish, fatigue life, and corrosion resistance (Col. 1 lines 33-34) of a metal workpiece (Fig. 4), using a single-point burnishing process to be applied to a surface of the workpiece to provide deep compression with a minimal amount of cold working and surface hardening (Abstract), further to be used on a defined area of the surface of the workpiece to be burnished (Col. 3 lines 52-53, "In particular, the area to be burnished along the surface of the workpiece is defined"), thereby inducing a compressive residual stress to the surface of the workpiece.
It would have been obvious to a person having ordinary skill in the art to modify the entire surface of the metal bar member of Schnell to be burnished to induce compressive residual stress as taught by Prevey 1 to increase the subsurface hardness of the metal thereby increasing the durability of the bar member (Prevey 1 col. 8 lines 33-44).
Allowable Subject Matter
Claims 22-24 and 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 22, the prior art of record fails to disclose or reasonably suggest a barbell in combination with all of the structural and functional limitations, and further comprising a the first and second side weight assemblies including a coupling region outward of the respective first bore outer bearing region and second bore outer bearing region, each coupling region comprising a respective retention ring seated within a respective annular channel formed in the bar member and an annular stop wall on the respective inner bores in contact with the respective retention rings to prevent slidable movement of the bar member axially inwardly with respect to the respective sleeve member. Claims 23-24 depend directly from claim 22 and are indicated as allowable subject matter for the same reasons as claim 22.
Regarding claim 28, the prior art of record fails to disclose or reasonably suggest a barbell in combination with all of the structural and functional limitations, and further comprising wherein the coupling assembly regions of each of the first and second side weight assemblies includes a spring ring seated in an annular slot in the inner bore of the first sleeve member outward of the annular channel, the spring ring contacting the washer to prevent slidable movement of the bar member axially outwardly with respect to the first sleeve member.
The closest prior art of record to Chen teaches a prior art embodiment of a side weight assembly for a barbell (Figs. 6-7) that comprises a coupling region (starting at ring 73 and extending to clips 76) outside a bore outer bearing region (at bearing 72), the coupling region comprising a retention ring (positioning member 74) seated within an annular channel formed in the bar member (see Fig. 7) and an annular stop wall (shoulder 82) that indirectly contacts the retention ring to prevent slidable movement of the bar member (70) with respect to the sleeve member (80). Chen further teaches the coupling assembly region includes a spring ring (clips 76) seated in an annular slot in the inner bore outward of the annular channel (Fig. 7), the spring ring contacting a washer (75). However, with respect to claim 22, the embodiment of Figs. 6-7 does not include the previously required structures of the claim including an inner slidable engagement assembly, an inner bore having a bore inner bearing region and a bore outer bearing region, each bearing region having a diameter larger than a diameter of a central portion of the inner bore. Additionally, with respect to claim 28, the embodiment of Figs. 6-7 does not include the previously required structures of the claim including an inner slidable engagement assembly seated in a bore inner bearing region.
It would not have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Chen of Figs. 1-5 to include the coupling region outward of the bore outer bearing region as taught in the prior art embodiment of Figs. 6-7 as the invention of Chen is intentionally and explicitly designed to exclude various elements of the coupling region of the prior art to prevent damage barbell by reducing the number of necessary elements of the coupling region and to prevent noise when the sleeve member rotates relative to the bar member (see col. 1 line 20 – col. 2 line 6 and col. 3 lines 10-14).
Response to Arguments
Applicant argues the prior art of record does not teach first and second surface enhanced regions as defined by the specification in the instant application. However, the specification does not explicitly define the surface enhanced regions and only states in paragraph [0011] “In some configurations, the first and second surface enhanced regions each have compressive residual stress that extends axially inwardly from the outer surface.”
Following an updated interpretation of the claims, a new grounds of rejection has been provided above. The Office notes the limitations of the surface enhanced regions are only limited by placement on the bar member and/or by a material quality that appears to be a result of a method of making the bar member thereby imparting compressive residual stress in arbitrarily defined regions of the bar member. Merely claiming a ”surface enhanced region” does not impart any structural or functional limitations to the bar member and any portion of the bar member may be considered a “surface enhanced region” by simply having a surface. The term “enhanced” does not indicate any specific and patentably distinct qualities or characteristics of the bar member. Additionally, because treating metal parts at the surface thereof by various techniques to increase the tensile strength of the part and reduce damage due to fatigue by imparting compressive residual stress therein are known, it would have been obvious to one of ordinary skill in the art to treat a metal bar member of a barbell with a known method of treating the surface of a metal part to impart a compressive residual stress therein for the purpose of increasing its tensile strength and preventing failure of the bar member from fatigue over extended use. By treating the entirety of the bar member to increase its strength, any portion of the bar member can be arbitrarily defined as an “enhanced region” having a compressive residual stress.
Conclusion
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/KATHLEEN M FISK/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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