DETAILED ACTION
This office action is responsive to the amendment filed 12/12/2025. As directed, claims 1, 3, 6-8, 10, 12-16, and 18-20 have been amended, claims 21-23 have been added, and claims 2, 4, and 17 have been canceled. Thus claims 1, 3, 5-16, and 18-23 are currently pending.
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 .
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.
Claim(s) 1, 3, 5-16, and 18-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Routledge (2019/0046395).
Regarding claim 1, Routledge discloses a training apparatus (10) for stimulating the back muscles associated with a person’s spine ([0139]), comprising two rows of shaped bodies (20) arranged so that the two rows run next to one another in a longitudinal direction; and connecting portions (portions of base 14, 114) disposed in a base plane, the connection portions (14, 114) connecting the shaped bodies to one another so that the shaped bodies project symmetrically from opposing faces (i.e. left/right faces) of the base plane (as shown, the bodies 20 are symmetrically projected from left/right faces of the base); wherein each of the shaped bodies (20) has at least one bearing region (i.e. top 32, 132) that is configured as a bearing point or bearing surface for stimulating the back muscles (fig. 10 shows the top of the bodies for stimulating a user’s back), wherein the shaped bodies (20) are arranged as pairs (i.e. right/left pairs) comprising one of the shaped bodies in a first row (right) of the two rows and one of the shaped bodies in a second row (i.e. left) of the two rows, each of the pairs being arranged to be perpendicular to the longitudinal direction (as shown in figs. 2, 4, 10, the pair aligns perpendicular to the longitudinal extension of the base); and wherein the shaped bodies (20) of the shaped-body pairs form interspaces, in which portions of a spine can be accommodated in the longitudinal direction of the rows (fig. 19 shows the spine accommodated between the rows and left/right pairs), wherein the shaped bodies (20) together with the connecting portions (14) are formed monolithically ([0147] lines 1-3).
Regarding claim 4, Routledge discloses wherein the shaped bodies (20) project away from the base plane (base) on either side or on one side (as shown the bodies project away).
Regarding claims 5 and 6, Routledge discloses wherein the shaped bodies (20) are spherical being configured to be partially spherical (i.e. hemispherical) (as shown, the bodies are generally hemispherical projecting at a top side).
Regarding claim 7, Routledge discloses wherein the shaped bodies (20) of each pair are connected via one of the connection portions (portions of base 14, 114 extend between and connect the base body pairs).
Regarding claims 8 and 18, Routledge discloses wherein the connecting portions (14) transition into one another seamlessly such that an individual, common connecting element (through space) is formed, wherein the common connecting element in each case has a through opening passing through the base plane (as shown, there is a through space between the bodies 20).
Regarding claim 9, Routledge discloses wherein the monolithically-formed shaped bodies (20) together with the connecting portions have a closed-pore outside layer (as shown the outer material is not open pore;[0142], [0147]).
Regarding claim 10, Routledge discloses wherein the shaped bodies (20) and the connecting portions (14) are formed from a plastic ([0147]).
Regarding claim 11, Routledge discloses wherein the shaped bodies (20) and the connecting portions (14) are injection-molded ([0147] lines 1-3).
Regarding claim 12, Routledge discloses wherein the shaped bodies comprise an exterior that encloses a hollow space (fig. 17 shows an internal hollow space).
Regarding claim 13, Routledge discloses the hollow spaces are filled with a filler (i.e. as shown the bodies 20 do no collapse on themselves and are thus filled with matter are not a vacuum).
Regarding claim 14, Routledge discloses the composition of the filler (i.e. air) has a lower density than the composition of the shaped bodies (20).
Regarding claims 15, 16, 19, and 20, Routledge discloses wherein the distance between the bearing regions of the shaped bodies is between 30-50m which is within the claimed range ([0128]).
Regarding claims 21-23, Routledge discloses the connecting portions (portions of base 14) and common connecting element (14) are elastically deformable ([0147] lines 1-6 disclose ABS including rubbery butadiene blocks which have a modulus of 2.0-2.7GPa. Thus ABS has at least some resilient flexibility).
Response to Arguments
Applicant's arguments filed 12/12/2025 have been fully considered but they are not persuasive.
Applicant argues on page 10 1st paragraph through last paragraph that Routledge does not disclose the bodes protruding from opposite faces of the base plane. Examiner respectfully disagrees. It is noted that a plane is imaginary and the exact location of the imaginary plane is not found in the claim language. Routledge discloses bodies 20 are symmetrically projected from left/right faces of an imaginary plane along a top of the base 14, 18. Thus Routledge teaches this limitation as claimed.
Applicant argues on page 11 2nd paragraph that Routledge does not disclose the limitations of new claims 21-23. Examiner respectfully disagrees as [0147] lines 1-6 of Routledge disclose ABS including rubbery butadiene blocks. ABS has a modulus of 2.0-2.7GPa thereby having at least some resilient flexibility. Thus Routledge teaches this limitation as claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785