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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/07/2025 has been entered.
Drawings
The drawings are objected to because Fig. 39 appears to be a photograph. 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.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites “secure interface of the user seal”, it appear that Applicant is referring to the same user seal interface and therefore Applicant should use consistent claim language of –secure the user seal interface--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-13 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 claims 2-4, the phrase “hoop-like” and “arch-like” renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). It is unclear what the metes and bounds of “like” is and therefore the claim is considered indefinite.
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.
Claim(s) 1, 14, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dubats (US 6742523).
Regarding Claim 1, Dubats teaches a floating seal frame structure, the floating seal frame structure comprising: a seal frame 60 configured for attachment to the top portion about the user port, the seal frame defining a first and a second restraint connector 64 at opposite sides thereof; a plurality of vertical lifts 26,36 comprising a first lift 28,30 and a second lift 38,40, each of the first and second lifts comprising one of a vertically lockable and or one of a non-backdrivable powered lift configured to maintain a usage height setting of a corresponding vertically drivable carriage connector 14,16,66 attached thereto, each lift configured for driving movement of the corresponding vertically drivable carriage connector 14,16,66 to adjust a height of the carriage connector for an exercise session (Refer to Fig. 3 Col 3 Lines 42-64:” First support post 26 is mounted to first base rail 14 in upstanding relation thereto, about mid-length thereof. Post 26 includes a lower housing 28 that telescopically receives tubular member 30. Lower housing 28 has a horizontal throughbore 29 formed therein and tubular member 30 has a plurality of vertically spaced apart throughbores formed therein, collectively denoted 31. Lock member 32 has a throughbore-engaging shaft 33 and a handle 34 as depicted and operates in a well-known way to hold tubular member 30 in a preselected position of adjustment relative to lower housing 28. Second support post 36 is mounted to second base rail 16 in upstanding relation thereto, about mid-length thereof. Post 36 includes a lower housing 38 that telescopically receives tubular member 40. Lower housing 38 has a throughbore 39 formed therein and tubular member 40 has a plurality of vertically spaced apart throughbores formed therein, collectively denoted 41. Lock member 42, not shown, has the same structure as lock member 32, including a throughbore-engaging shaft 43, not shown, and a handle 44, not shown and operates in the same way as lock member 32 to hold tubular member 40 in a preselected position of adjustment relative to lower housing 38. “..The Office takes the position that the life is a vertically lockable lift as disclosed in Paragraph [01025]:” Each vertical lift can include one of a vertically lockable lift and a non-backdrivable lift configured to maintain a height setting for the respective first and second carriage connector and for the seal frame securely connected thereto until each lift is vertically unlocked or driven under electrical power.” In which it appears the vertically lockable lift is not electrically powered); at least two tensile restraints 68 comprising a first restraint 68 corresponding with the first lift 14 and a second restraint 68 corresponding with the second lift 16, each tensile restraint having a first end attached to a corresponding one of the first and the second restraint connector 64, a second end attached a corresponding one of the first lift 14 and the second lift 16, and a restraint length between the first end and the second end (Refer to Figs. 2&3 Col 4 Lines 28-40:” A plurality of straps 68 interconnects harness 60 to ambulator 10. More particularly, each strap has a first end releasably secured to a preselected loop member of said first plurality of loop members 64 and has a second end releasably secured to a preselected loop member of said second plurality of loop members 66. Each strap of the plurality of straps is adjustable in length and includes a locking and quick release unlocking means 67. Each strap of said plurality of straps is taut when an individual is using ambulator 10 so that movement of the individual simultaneously produces a corresponding movement of the ambulator.”); a distance between the first and the second end of each of the tensile restraint 68 and the second tensile restraint 68 defining a corresponding one of a first restraint length limit and a second restraint length limit. The Office takes the position that although Dubats does not teach each first and second lift 14,16 configured for securely connecting with the DAP system at opposite sides thereof and at a corresponding longitudinal position along the DAP system proximate the user port, such limitations are considered intended use since the DAP system is not positively claimed. The Office takes the position that the device of Dubats is capable of being usable with a DAP exercise system and enabling seal frame height adjustment during use thereof, the DAP exercise system comprising an inflatable enclosure having a base secured to a support platform and an opposite top portion defining a user port, the user port configured for a portion of a user's body and a user seal worn by the user to extend therethrough, the user seal is configured to securely attach to the enclosure proximate a user seal interface when the inflatable enclosure is in an inflated condition and, when installed creates a substantially airtight seal with the inflated enclosure, wherein during use, air pressure within the inflatable enclosure exerts unweighting force on the user and wherein, when installed on the DAP exercise system for the exercise session, since the device of Dubats teaches all the limitations of the seal frame structure and there is nothing limiting the device to be used with a DAP system to retained the seal frame in a floating arrangement urged upward by the inflated enclosure and restrained downward at a seal frame height established by the first and second tensile restraints at the first and the second restraint length limits. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. MPEP 2111.04 “Adapted to,” “Adapted for,” “Wherein,” and “Whereby” Clauses [R-9].
Regarding Claim 14, Dubats continues to teach wherein: the seal frame first restraint connector 64 comprises a forward first restraint connector 64 at a forward location of the first side region of the seal frame 60 and a rearward first restraint connector 64 at a rearward location of the first side region of the seal frame 60; the seal frame second restraint connector 64 comprises a forward second restraint connector 64 at a forward location of a second side region of the seal frame 60 and a rearward second restraint connector 64 at a rearward location of the second side region of the seal frame; the first tensile restraint 67,68 comprises a first pair of tensile restraints 67,68 each having a first end configured for securely attaching to the first carriage connector 66 and a second end for securely attaching to a corresponding one of the forward first restraint connector 64 and the rearward first restraint connector 64; and the second tensile restraint comprises a second pair of tensile restraints each having a first end configured for securely attaching to the second carriage connector 66 and a second end for securely attaching to a corresponding one of the forward second restraint connector 64 and the rearward second restraint connector 64 (Refer to Fig. 2 Col 4 Lines 23-40.. to depict 4 restraint connectors and 4 carriage connectors..).
Regarding Claim 15, Dubats continues to teach wherein: at least one of the first restraint connector64 , the first carriage connector 66, the second restraint connector 64, and the second carriage connector 66 comprises a user-releasable coupling 67 operatively connecting the seal frame 60 with one of the first and the second lift 14,16; and the at least one user-releasable coupling 67 is configured to securely connect the at least one first and second lift and the user seal during use and enable rapid user-release of a connection secured by the coupling between the seal frame and the at least one first and second lift in the event of power loss (Refer to Fig. 2 Col 4 Lines 34-36:” Each strap of the plurality of straps is adjustable in length and includes a locking and quick release unlocking means 67”).
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.
Claim(s) 17, 19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuehne et al (US 20120238921 A1).
Regarding Claim 17, Kuehne et al teaches a floating seal frame structure usable with a DAP exercise system and enabling seal frame height adjustment during use thereof, the DAP exercise system comprising an inflatable enclosure 313 having a base secured to a support platform 321 and an opposite top portion defining a user port, the user port configured for a portion of a user's body and a user seal worn by the user to extend therethrough, the user seal configured to securely attach to the enclosure at a user seal interface and, when installed, create an airtight seal with the enclosure when in an inflated condition, wherein during use, air pressure within the inflatable enclosure exerts unweighting force on the user (Refer to Fig. 2A), the floating seal frame structure comprising: a seal frame 341 configured for attachment to the top portion about the user port, the seal frame defining a first and a second lift connector 335 at opposite sides thereof; a plurality of motorized vertical lifts 902,904 including a first lift 902,904 and a second lift 902,904 each configured for securely connecting with the DAP system located at opposite sides thereof and at corresponding longitudinal positions along the DAP system proximate the user port (Refer to FIG. 16A Paragraph [0145] The DAP system may be height adjusted manually or automatically. For example, in some embodiments, the user seal 350 and the seal frame 341 are equipped to be raised and lowered manually by the user. Alternatively, the DAP system may have a motorized height adjustment mechanism, such as a motorized lift, that allows the user, especially a mobility impaired user, to enter the seal 350 area and have the seal 350 raised to engage the user's body. This is advantageous where a disabled user cannot raise or lower the seal to the proper height independently without assistance. Moreover, the power required to operate the motorized lift can also provide the user's weight to the processor. For example, the motorized lift may be operated by the control panel or processor where once the lift command is given the lift begins lifting the user and outputting a load value signal to the processor, which can be used to calibrate the DAP system.”); a first carriage 903 connected to the first lift and vertically drivable by the first lift 902,904, the first carriage having a first carriage connector 903 configured for securely coupling with the seal frame 341; a second carriage 903 connected to the second lift 902,905 and vertically drivable by the second lift, the second carriage having a second carriage connector 903 configured for securely coupling with the seal frame 341; andwherein, when installed on the DAP exercise system: each vertical lift comprises one of a vertically lockable lift or one of a non- backdrivable motorized lift configured to maintain a height setting for the respective first and second carriage connector and for the seal frame securely connected thereto until each lift is vertically unlocked or driven under electrical power (Refer to Paragraph [0145]). Kuehne et al does not expressly disclose a user-releasable coupling configured to maintain a secure connection between the seal frame 341 and at least one of the first carriage connector 903 and the second carriage connector 903 while disposed in a reinforcement arrangement corresponding with DAP exercise system use, the user- releasable coupling configured to disconnect the secure connection upon user release from the reinforcement arrangement; user release of the coupling from the reinforcement arrangement causes disconnection of the secure connection between the user seal and the at least one of the first and second carriage connectors in FIG. 16A. However, in Fig . 2C it is clearly depicted that the seal frame 330 is separable from the carriage connectors 335 and Kuehne et al teaches that such connections maybe done via couplings such as bolts (Refer to Paragraph [0139] The frame assembly 320 may be assembled together by any suitable methods known to the ordinary skilled in the art. Non-limiting examples include brackets, bolts, screws, or rivets.”). The Office takes the position that it would have been obvious to modify the embodiment of Fig. 16A to comprise a user-releasable coupling configured to maintain a secure connection between the seal frame 341 and at least one of the first carriage connector 903 and the second carriage connector 903 while disposed in a reinforcement arrangement corresponding with DAP exercise system use, the user- releasable coupling configured to disconnect the secure connection upon user release from the reinforcement arrangement; user release of the coupling from the reinforcement arrangement causes disconnection of the secure connection between the user seal and the at least one of the first and second carriage connectors, since Kuehne et al teaches in Fig. 2C that couplings which are releasable such as bolts and screws are known in the art and such modification would have been obvious for separating the seal frame for transportation or storage and therefore does not patentably distinguish the invention over the prior arts.
Regarding Claim 19, Kuehne et al as modified continues to teach wherein the user- releasable coupling comprises at least one engagement member comprising: a pin; a bolt; a shackle; a lock ring; a detente pin, a spring-loaded clip; a hook and loop interface; a coaxial interface between support members; a buckle; a post; a pivotable or rotatable lock member; an over-center lock linkage; a rigid interface structure; mated pairs of structural members; multi- member assemblies; combinations of rigid interface members; and combinations of the at least one engagement member with one or more engagement members or fixed supports (Refer to Paragraph [0139] The frame assembly 320 may be assembled together by any suitable methods known to the ordinary skilled in the art. Non-limiting examples include brackets, bolts, screws, or rivets.”).
Regarding Claim 21, Kuehne et al does not expressly disclose wherein in the event of power loss for the DAP exercise system, user release of the coupling enables manual modification of the seal frame height setting for facilitating user withdrawal from seal frame and DAP exercise system, however, the Office takes the position that in even of a power outage removal of the screws/bolts would allow the seal frame to be removed. Such limitations are considered intended use and would have been accomplished via the modifications as disclosed in Claim 17.
Allowable Subject Matter
Claims 2-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 16, 18, & 20 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 an examiner’s statement of reasons for allowance: Dubats, Kuehne et al, and Whalen et al (US 20110098615 A1) are the closest prior arts to the claimed invention but fails to teach the claimed invention as a whole including the limitation of Claim 1 further comprising wherein: a user seal boundary region is defined by regions of the enclosure top portion framed by the seal frame in the floating arrangement and extending inward from the seal frame to the secure interface of the user seal with the enclosure; the seal frame height determines a boundary region height and an interface height; and the plurality of lifts drivingly adjusts the corresponding carriage heights for setting the seal frame height in the floating arrangement via the first and second tensile restraint connections and thereby heights of the user seal boundary region and the interface height; from a top view, the seal frame defines a two-dimensional hoop shape about a top view, two-dimensional shape of the user port; from a front, cross-sectional view corresponding with a front, cross-sectional view of the DAP System, the seal frame defines an arch, two-dimensional contoured shape having a middle region centrally arranged about a middle region of the user seal interface, the middle region elevated an offset height from the opposite first and second restraint connectors; and the height of the seal frame middle region determining a height of the boundary region and the user seal interface. And the combination of Claim 17 with further comprising: a coupling passage defined through at least one of the first lift connector, the first carriage connector, the second lift connector and the second carriage connector, the coupling passage configured for receiving and retaining a portion of the coupling when in the reinforcement arrangement; and a sensor configured to detect presence of the portion of the coupling extended through the coupling passage in the reinforcement arrangement and withdrawal of the portion of the coupling at least partially from the coupling passage; wherein: user release of the coupling from the reinforcement arrangement comprises removal of the portion of the coupling at least partially from the passage; and the sensor is configured to send an immediate alert notification to a control device of the DAP System for performing urgent actions comprising: interrupting one or more operations of the DAP System or the exercise device, disconnecting power to the DAP System or the exercise device, and activating an alert notification including a visible or audible alert. And/or further comprising: a first tensile restraint connecting a first carriage connector with a first seal frame connector; a second tensile restraint connecting a second carriage connector with a second seal frame connector; a first and a second vertical drive device each operatively connected to the corresponding first and second lift;at least one controller operatively connected to the first and second lift controlling vertical drive operations for the first and the second lift within a range of relative heights between the carriages of each lift without racking between the first and second vertical drive devices or racking between a corresponding lead screw assembly of the vertical drive devices, the range of relative heights for lift operations without the racking comprising a vertical offset distance between the carriages of less than 14 inches.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attach list of references cited.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784