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 .
Priority
Acknowledgement is made of Applicant’s claim for priority to PCT/CA2021/050745 filed 01 June 2021. Acknowledgement is also made of Applicant’s claim for foreign priority to CA3078131 filed 17 April 2020. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. The Notification of Decision on Request to Restore Right of Priority in the previous application PCT/CA2021/050745 was included with Applicant’s response filed 13 February 2026.
Response to Amendment
The drawing objections have been obviated in view of Applicant’s amendments filed 13 February 2026.
The claim objections have been obviated in view of Applicant’s amendments filed 13 February 2026 except with regards to some objections of claim 12. See below.
The rejections of claims 1-14 under 35 U.S.C. 112(b) have been obviated in view of Applicant’s amendments and are withdrawn.
The rejections of claims 12-14 under 35 U.S.C. 101 have been obviated in view of Applicant’s amendments and are withdrawn.
Claims 1-14 are still pending. An action on the merits follows.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
“two extendable engagement members contained within and extendable from opposite distal ends of the extendable bar assembly along the long axis” in claim 1. In the Figures, the bar assembly is referenced as 102. In at least Figure 2, the extendable engagement members are shown as being prevented from extending from opposite distal ends of the extendable bar assembly because the guideway 110 that they are contained in do not go to the very distal ends of the bar assembly.
“weight values or markings on the extendable engagement members” in claim 13.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 5-7, 10, 12, and 14 are objected to because of the following informalities:
Claim 1, line 3, “each of the weight members” should read --each of the weight members of the sets of weight members--
Claim 1, line 11, “the engagement members” should read --the extendable engagement members--
Claim 1, line 18, “the one or more weight members” should read --the one or more of the weight members--
Claim 5, line 6, “the notched end” should read --the one of the notched ends--
Claim 5, lines 7-8, “the notched end of said bar assembly” should read --the one of the notched ends of said extendable bar assembly--
Claim 6, lines 2-3, “each extendable engagement member” should read --a respective extendable engagement member--
Claim 6, line 5, “a notched end” should read --a respective notched end--
Claim 6, line 8, “notch” should read --notches--
Claim 6, line 12, “the notched end” should read --the respective notched end--
Claim 6, line 15, “notch” should read --notches--
Claim 6, line 16, “the one or more weight members” should read --the one or more of the weight members--
Claim 7, line 5, “the openings” should read --the openings of the weight members--
Claim 10, lines 2-3, “of the weight members” should read --weight member of the sets of weight members--
Claim 12, line 5, “each aperture” should read --each aperture of the plurality of apertures--
Claim 12, line 6, “the total weight” should read --a total weight--
Claim 12, line 7, “the number of weight elements” should read --a number of the weight members--
Claim 12, line 12, “a selected aperture” should read --a selected aperture of the plurality of apertures--
Claim 14, line 4, “each of which” should read --each aperture of the plurality of apertures--
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 2007/0184945).
Regarding claim 1, Lin teaches an adjustable dumbbell system comprising:
a. two spaced-apart sets of weight members (weights 100), each of the weight members including an opening (Fig. 6 shows each of the weights 100 having an opening.); and
b. an extendable bar assembly (hollow handle 50, support units 70, and adjustment units 90) having a long axis and two extendable engagement members (selector tubes 41, 42) contained within and extendable from opposite distal ends of the extendable bar assembly along the long axis (Figs. 10, 11 show the selector tubes 41, 42 extending from opposite distal ends of the extendable bar assembly in as much as Applicant has shown the selector tubes extending from the distal ends.) whereby:
i. upon positioning the extendable bar assembly in a contracted position with the extendable engagement members retracted within the extendable bar assembly, when the engagement members are extended from the distal ends of the extendable bar assembly they can each extend through and engage the opening of one or more of the weight members in series resulting in a selectively weighted dumbbell for use (Fig. 11 shows the selector tubes 41, 42 in an extended position. Para. [0044]: “Each of the weights 100 includes a straddling hole that has an engaging hole section 101 engageable with the corresponding tube 41, 42… Each of the tubes 41, 42 is movable between the upper and lower seats 71 of one of the support units 70 to selectively engage one or more of the engaging hole sections 101 of the weights 100.”); and
ii. upon retraction of the extendable engagement members into the extendable bar assembly, when serially engaging one or more of the weight members, the extendable bar assembly will disengage from set weight members of the one or more weight members (Figs. 10, 11 show the selector tubes 41, 42 extending and retracting to engage with the weights 100. Para. [0052]: “Rotation of the cap 91 of one of the adjustment knob units 90 can permit each tube 41, 42 to move toward or away from the corresponding connecting end 32 of the shaft 30 so as to selectively engage one or more of the engaging hole sections 101 of the weights 100.”).
Regarding claim 7, Lin teaches the adjustable dumbbell system of claim 1 further comprising a stand (base 110) for supporting the two spaced-apart sets of weight members in resting positions for engagement by the extension of the extendable bar assembly, said stand comprising slots (receiving spaces 113) for receiving the weight members and supporting the weight members in an orientation allowing the extendable engagement members to pass through the openings (Fig. 5).
Regarding claim 8, Lin teaches the adjustable dumbbell system of claim 7 wherein the weight members are supported in a vertical orientation (Fig. 5).
Regarding claim 9, Lin teaches the adjustable dumbbell system of claim 7 wherein the weight members are supported in an orientation angled off of vertical (Fig. 5 shows wherein the weight members are capable of being supported in an orientation angled off of vertical. That is, when the weights are attached to the extendable bar assembly, they can be lifted from the base and supported at any angle as the user lifts the dumbbell.).
Regarding claim 10, Lin teaches the adjustable dumbbell system of claim 1 wherein the extendable bar assembly further comprises a surface (covers 60) configured to engage an innermost of the weight members to prevent movement of the weight members along the long axis once engaged (Fig. 5).
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.
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 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 2007/0184945).
Regarding claim 2, Lin teaches the adjustable dumbbell system of claim 1 wherein:
a. the extendable bar assembly further comprises a rotatable actuator (adjustment knob unit 90 and shaft 30) with threading (threads 34, 35) rotatable about the long axis (Figs. 6, 10 show the shaft 30 with threading. Adjustment knob unit 90 and shaft 30 are rotatable structures that actuate movement of the selector pins 41, 42.);
b. the extendable engagement members are provided with threading (threaded portion 413) configured to mesh with the threading of the rotatable actuator (Fig. 10. Para. [0030]: “The tube 41 includes inner and outer faces 411, 412, and a threaded portion 413 (see FIG. 9) formed in the inner face 411 and engageable with the left-handed thread 34 of the shaft 30. The tube 42 includes inner and outer faces 421, 422, and a threaded portion 423 formed in the inner face 421 and engageable with the right-handed thread 35 of the shaft 30.”);
whereupon rotation of the rotatable actuator in a first direction imparts a first linear directional movement to distally extend the extendable engagement members from the distal ends of the extendable bar assembly, and rotation of the rotatable actuator in a second direction imparts a second and opposite linear directional movement to retract the extendable engagement members;
wherein when the rotatable actuator is rotated in the first direction, the extendable engagement members distally extend and pass through the opening of one or more of the weight members in series, thus engaging the one or more of the weight members; and
wherein when the rotatable actuator is rotated in the second direction, the extendable engagement members retract back out of the opening of the one or more of the weight members in series to disengage from the one or more of the weight members (Para. [0052]: “Rotation of the cap 91 of one of the adjustment knob units 90 can permit each tube 41, 42 to move toward or away from the corresponding connecting end 32 of the shaft 30 so as to selectively engage one or more of the engaging hole sections 101 of the weights 100. Hence, the weight on each side of the dumbbell of the present invention can be adjusted easily and quickly.”).
Lin teaches wherein the shaft 30 has external threading and the selector pins 41, 42 have internal threading and does not teach wherein the rotatable actuator (shaft 30) has internal threading and the extendable engagement members (selector pins 41, 42) have external threading. The threading of shaft 30 is interpreted as external because the threads are convex and the threading of the selector pins 41, 42 is interpreted as internal because the threads are concave and receive the external threading of the shaft 30. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shaft 30 to have internal threading and the selector pins 41, 42 to have external threading, because the dumbbell of Lin would not operate differently and would function appropriately to extend and retract the selector pins, as desired. Such modifications involve a mere reversal of parts which fails to distinguish the invention over the prior art (see MPEP 2144.04).
Regarding claim 3, Lin teaches the adjustable dumbbell system of claim 2 wherein the rotatable actuator comprises a cylindrical hand grip (cap 91) disposed around a central portion of the extendable bar assembly and rotatable about the long axis of the extendable bar assembly (Fig. 6 shows the cap 91 being a cylinder that can be gripped by a hand disposed along and around the central long axis of the dumbbell and extendable bar assembly. The cap 91 is rotatable in order to rotate the shaft 30 and extend and retract the selector pins 41, 42.).
Regarding claim 4, Lin teaches the adjustable dumbbell system of claim 3 wherein the extendable bar assembly comprises notched ends (support units 70) disposed at opposite ends of the extendable bar assembly and provided with guideways (guide groove 75), each of the two extendable engagement members being slidably disposed in a respective one of the guideways (Figs. 6, 10 shows the selector pins 41, 42 slidably disposed in the guide grooves 75 of the support units 70.).
Regarding claim 5, Lin teaches the adjustable dumbbell system of claim 4 wherein the opening in each weight member comprises:
a. a vertical notch from an upper edge of the weight member to a centre of the weight member configured for receipt of one of the notched ends of the extendable bar assembly (See annotated Fig. 9 below. Fig. 6 shows the vertical notch of the weights 100 configured for engagement of the support unit 70.); and
b. a tab at a bottom thereof such that when the notched end of the extendable bar assembly is received in the vertical notch, a corresponding notch of the notched end of said bar assembly engages the tab to restrain distal movement of the weight member relative to the extendable bar assembly (See annotated Fig. 9 below. Para. [0044]: “the weights 100 in each set are spaced apart from each other by the spacers 76.” Adjacent spacers 76 form slots/notches that engage with the tab of each weight 100. Applicant’s tab 113 is shown as a notch in the drawings of the instant application.).
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Regarding claim 6, Lin teaches the adjustable dumbbell system of claim 5 wherein the opening of each weight member further comprises a horizontal notch (engaging hole section 101) configured for receipt of each extendable engagement member of the two extendable engagement members, positioned at the bottom of the vertical notch (Fig. 9 shows wherein the engaging hole section 101 has a horizontal notch on either side that is wider than the vertical notch. Para. [0044]: “Each of the weights 100 includes a straddling hole that has an engaging hole section 101 engageable with the corresponding tube 41, 42.”);
wherein when a notched end of the extendable bar assembly is received in the vertical notch and the cylindrical hand grip is rotated in the first direction, the extendable engagement members move in the first linear direction passing through the horizontal notch of the one or more of the weight members in series such that lifting of the extendable bar assembly will cause the extendable engagement members to press up against the horizontal notch and lift the one or more weight members (Fig. 9. Para. [0044]: “Through the presence of the long and short hole sections 103, 104, each set of the weights 100 can be straddled on the upper and lower support seats 71 of one of the support units 70. At this time, the weights 100 in each set are spaced apart from each other by the spacers 76. Each of the weights 100 is prevented from moving axially by two adjacent ones of the spacers 76 of the upper and lower support seats 71. Each of the tubes 41, 42 is movable between the upper and lower seats 71 of one of the support units 70 to selectively engage one or more of the engaging hole sections 101 of the weights 100.” Para. [0047]: “if each tube 41, 42 is engaged to the engaging hole section 101 of only one of the weights 100 in each set, when the user grasps and lifts the grip rod 50 of the dumbbell, only one of the weights 100 in each set is carried away by the corresponding support unit 70.”); and
wherein when the notched end of the extendable bar assembly is received in the vertical notch and the cylindrical hand grip is rotated in the second direction, the extendable engagement members move in the second and opposite linear direction passing back out of the horizontal notch of the one or more of the weight members in series to disengage from the one or more weight members (Figures 11-14 and Paras. [0048]-[0049] describe wherein the selector tubes 41, 42 are extended to engage with the hole sections 101 of a number of weights and then retracted to engage with the hole sections 101 of a number of the weights.).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 2007/0184945) as applied to claim 2 above, and further in view of Walkerdine (US 7,121,988).
Regarding claim 11, Lin teaches the adjustable dumbbell system of claim 2.
Lin does not teach further comprising a pin configured to prevent further rotation of the rotatable actuator relative to the extendable engagement members thereby securing the engagement of the extendable engagement members with the one or more of the weight members.
However, in a similar field of endeavor, Walkerdine teaches an adjustable dumbbell system comprising sets of weight members (weight plates 12) and a rotatable actuator (selector dial 78), further comprising a pin (pin 86) configured to prevent further rotation of the rotatable actuator (Figs. 5A, 6B. Col. 8, lines 39-53: “The engagement of locking member 82 and 84 of dividers 44a and 44b with interior selector ring 72 and exterior dials 78 (pins 86 are positioned in recesses 83 and 85) prevents the rotation of outer shaft 26 and inner shaft 32 while weight-training apparatus 10 is out of holder 38, to prevent weight plates 12 from accidentally being unlocked from bar 18, dropping from apparatus 10, and having the potential to cause injury. As weight-training apparatus 10 is returned to holder 38, release projections 40 and 42 engage locking members 82 and 84, respectively.”)
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 dumbbell system of Lin by including the pin in the rotatable actuator and the release projections in the base, as taught by Walkerdine. One of ordinary skill in the art would have been motivated to make this modification in order to “prevent weight plates 12 from accidentally being unlocked from bar 18, dropping from apparatus 10, and having the potential to cause injury,” as suggested by Walkerdine (Col. 8, lines 39-53).
The combination of Lin and Walkerdine teaches wherein the pin is configured to prevent further rotation of the rotatable actuator relative to the extendable engagement members thereby securing the engagement of the extendable engagement members with the one or more of the weight members. That is, by modifying the rotatable actuator of Lin by including the locking pins and release projections of Walkerdine, the rotatable actuator would be prevented from further rotation thereby securing the extendable engagement members with the weight members.
Response to Arguments
Applicant’s arguments with respect to rejections in view of Lu (CN213192302) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. While the Office does not agree with each of the arguments presented, Applicant’s inclusion of the Notification of Decision on Request to Restore Right of Priority with their remarks has changed the effective filing date of the instant application and Lu can no longer be considered prior art. However, Applicant’s amendments have changed the scope of the claim and resulted in the new grounds of rejection made above in view of Lin.
Allowable Subject Matter
Claims 12-14 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 12, Lin teaches the adjustable dumbbell system of Claim 3.
Lin does not teach wherein the rotatable actuator further comprises a weight setting indicator system comprising: a. a plurality of apertures through and disposed around the rotatable actuator configured to permit sight of at least a portion of at least one of the extendable engagement members through each aperture; and b. selectively aligned weight indicia which indicate the total weight of the system based on the number of weight elements engaged by the extendable engagement members; wherein alignment of the selectively aligned weight indicia with a selected aperture corresponds to a total engaged weight of the adjustable dumbbell system.
In a similar field of endeavor, Lin (US 2008/0070761, hereinafter Lin ‘761) teaches a dumbbell system comprising a rotatable actuator (operating cap 90) and extendable engagement members (weight supporting part 42). Lin ‘761 teaches a weight setting indicator system (shown in Figs. 2, 3), but does not teach a plurality of apertures disposed around the rotatable actuator to permit sight of a portion of the extendable engagement members through each aperture.
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It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lin (US 2007/0184945) or Lin (US 2008/0070761) to arrive at the claimed invention.
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.
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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