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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/20/2025 has been entered.
Response to Amendment
Regarding the Drawing and Claim Objections made in the Office Action filed on 02/21/2025. Amendments/Remarks & Arguments filed by Applicant on 05/21/2025 correct the objection and/or are persuasive. Therefore, the Drawing and Claim Objections made in the Office Action filed on 02/21/2025 has been withdrawn unless otherwise indicated below.
Drawings
The drawings are objected to because the drawings filed on 05/21/2025 incorporates details which are more narrow then originally disclosed and raise issues regarding new matter. Figs. 19-21 depict the fixation device wherein all the fixation elements run along a common horizontal line and wherein the connection device comprises a first and second connection elements vertically spaced. Although Claim 6 recites “the first connection element and the second connection element are arranged in a staggered manner from one another with respect to a horizontal direction of the connection device”, the Office takes the position that the depiction of the connection device of Figs. 19&20 show details which are more narrow than in the original disclosure.
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 “at least one resilient device for resiliently connecting the fixation device with the connection device; wherein the resilient device extends inclined between the fixation device and the connection device so as to form at least one first inclination running along a first inclination direction and at least one second inclination running along a second inclination direction being different from the first inclination direction“ of Claims 1, 3, 6-12, and 14-21 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. From review of the drawings and specifications it would appear that there are at least two resilient devices 4, 4b such that one runs upwards and one runs downwards (Refer to Fig. 5&6) and not one resilient device that has a first and second inclination that are different from each other.
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.
Specification
The amendment filed on 05/21/2025 are objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The incorporation of Figs. 19-21 raises issues of new matter since they depict details which are more narrow than originally presented. Figs. 19-21 depict the fixation device wherein all the fixation elements run along a common horizontal line and wherein the connection device comprises a first and second connection elements vertically spaced. Although Claim 6 recites “the first connection element and the second connection element are arranged in a staggered manner from one another with respect to a horizontal direction of the connection device”, the Office takes the position that the depiction of the connection device of Figs. 19&20 show details which are more narrow than in the original disclosure.
Applicant is required to cancel the new matter in the reply to this Office Action.
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, 3, 6-12, and 14-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zeng (US D920458 S).
Regarding Claims 1 and 11, Zeng teaches a suspension arrangement for suspending at least one standing device on a frame device of a training device and/or a training device comprising at least one standing device, a frame device and at least one suspension arrangement , wherein the suspension arrangement comprising: at least one fixation device for fixation to the frame device; at least one connection device for connection with the standing device; and at least one resilient device for resiliently connecting the fixation device with the connection device (Refer to Fig. 1 and annotated Fig. 8 below);
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(1st & 2nd fixation elements staggered along the vertical direction) OR
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(1st & 2nd fixation elements non-staggered along the vertical direction) wherein the resilient device extends inclined between the fixation device and the connection device so as to form at least one first inclination running along a first inclination direction and at least one second inclination running along a second inclination direction being different from the first inclination direction; wherein the fixation device comprises at least one first fixation element and at least one second fixation element, wherein the fixation device and the connection device are in connection with one another via the first and second fixation elements of the fixation device and the resilient device, and wherein the first fixation element and the second fixation element are arranged staggered from one another with respect to a vertical direction of the fixation device or the first fixation element and the second fixation element are arranged in a non-staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 8 above wherein the first fixation element and the second fixation element are located staggered with respect to the vertical direction), and wherein at least one of: i) the fixation device comprises at least one further first fixation element, wherein at least one of a) the first fixation element and the further first fixation element are arranged staggered from one another with respect to a horizontal direction of the fixation device running perpendicularly to the vertical direction of the fixation device, or b) the first fixation element and the further first fixation element are arranged in a non- staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 2 below to depict that the fixation elements all run staggered horizontally and are therefore considered non-staggered in the vertical direction as shown by Applicant in the interpretation wherein the 1st and 2nd fixation elements are stagged in the vertical direction), or
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ii) the fixation device comprises at least one further second fixation element, wherein at least one of a) the second fixation element and the further second fixation element are arranged staggered from one another with respect to the horizontal direction of the fixation device, or b) the second fixation element and the further second fixation element are arranged in a non-staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 2 above).
Regarding Claim 3, Zeng continues to teach wherein the first fixation element and the second fixation element are arranged staggered from one another with respect to the horizontal direction of the fixation device (Refer to annotated Fig. 2 & 8 below to depict that the fixation elements all run staggered horizontally and are therefore considered non-staggered in the vertical direction as shown by Applicant, in the embodiment where the 1st & 2nd fixation elements are non-staggered in the vertical direction).
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Regarding Claim 6, Zeng continues to teach wherein the connection device comprises at least one first connection element and at least one second connection element, wherein at least one of:a) the first connection element and the second connection element are arranged in a staggered manner from one another with respect to a horizontal direction of the connection device, or b) the first connection element and the second connection element are arranged in a staggered or non-staggered manner from one another with respect to a vertical direction of the connection device running perpendicularly to the horizontal direction of the connection device (Refer to annotated Fig. 8 below).
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Regarding Claim 7, Zeng continues to teach wherein the resilient device is in connection with at least one of the first fixation element or with the further first fixation element (Refer to Fig. 8).
Regarding Claim 8, Zeng continues to teach further comprising at least one further resilient device, wherein the further resilient device is in connection with the second fixation element or with the further second fixation element (Refer to annotated Fig. 8 below).
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Regarding Claim 9, Zeng continues to teach wherein at least one of the first fixation element, the further first fixation element, the second fixation element or the further second fixation element has the shape of a hook (Refer to close up to Fig. 8 below to depict that the fixation elements are hooks).
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Regarding Claim 10, Zeng continues to teach wherein at least one of the first connection element or the second connection element has the shape of a bar (Refer to annotated FIG. 8 above to depict that the connection elements are looped bars).
Regarding Claim 12, Zeng continues to teach wherein, at least one of: a) at least in an unused state of the training device, the standing device and the suspension arrangement are arranged in a common plane (Refer to Figs. 1&2), or b) at least in the unused state of the training device, the resilient device extends inclined between the connection device and the fixation device so as to form the at least one first inclination and the at least one second inclination (Refer to Fig. 8).
Regarding Claim 14, Zeng continues to method of suspending at least one standing device on a frame device of a training device, the method comprising the steps of: providing at least one suspension arrangement comprising: at least one fixation device for fixation to the frame device; at least one connection device for connection with the standing device; and at least one resilient device for resiliently connecting the fixation device with the connection device (Refer to Fig. 1 and annotated Fig. 8 below);
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wherein the resilient device extends inclined between the fixation device and the connection device so as to form at least one first inclination running along a first inclination direction and at least one second inclination running along a second inclination direction being different from the first inclination direction; fixing the at least one fixation device to the frame device; connecting the at least one connection device with the at least one standing device; and connecting the at least one fixation device and the at least one connection device via the at least one resilient device (Refer to annotated Fig. 8 above); wherein the fixation device comprises at least one first fixation element and at least one second fixation element, wherein the fixation device and the connection device are in connection with one another via the first and second fixation elements of the fixation device and the resilient device, and wherein the first fixation element and the second fixation element are arranged staggered from one another with respect to a vertical direction of the fixation device or the first fixation element and the second fixation element are arranged in a non-staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 8 above wherein the first fixation element and the second fixation element are located staggered with respect to the vertical direction), and wherein at least one of: i) the fixation device comprises at least one further first fixation element, wherein at least one of a) the first fixation element and the further first fixation element are arranged staggered from one another with respect to a horizontal direction of the fixation device running perpendicularly to the vertical direction of the fixation device, or b) the first fixation element and the further first fixation element are arranged in a non- staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 2 below to depict that the fixation elements all run staggered horizontally and are therefore considered non-staggered in the vertical direction as shown by Applicant), or
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ii) the fixation device comprises at least one further second fixation element, wherein at least one of a) the second fixation element and the further second fixation element are arranged staggered from one another with respect to the horizontal direction of the fixation device, or b) the second fixation element and the further second fixation element are arranged in a non-staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 2 above).
Regarding Claim 15, Zeng teaches a method of producing a suspension arrangement for suspending at least one standing device on a frame device of a training device, the method comprising the steps of: providing at least one fixation device for fixation to the frame device; providing at least one connection device for connection with the standing device; and providing at least one resilient device for resiliently connecting the fixation device with the connection device (Refer to Fig. 1 and annotated Fig. 8 below);
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wherein the resilient device extends inclined between the fixation device and the connection device so as to form at least one first inclination running along a first inclination direction and at least one second inclination running along a second inclination direction being different from the first inclination direction; wherein the fixation device comprises at least one first fixation element and at least one second fixation element, wherein the fixation device and the connection device are in connection with one another via the first and second fixation elements of the fixation device and the resilient device, and wherein the first fixation element and the second fixation element are arranged staggered from one another with respect to a vertical direction of the fixation device or the first fixation element and the second fixation element are arranged in a non-staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 8 above wherein the first fixation element and the second fixation element are located staggered with respect to the vertical direction), and wherein at least one of: i) the fixation device comprises at least one further first fixation element, wherein at least one of a) the first fixation element and the further first fixation element are arranged staggered from one another with respect to a horizontal direction of the fixation device running perpendicularly to the vertical direction of the fixation device, or b) the first fixation element and the further first fixation element are arranged in a non- staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 2 below to depict that the fixation elements all run staggered horizontally and are therefore considered non-staggered in the vertical direction as shown by Applicant), or
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ii) the fixation device comprises at least one further second fixation element, wherein at least one of a) the second fixation element and the further second fixation element are arranged staggered from one another with respect to the horizontal direction of the fixation device, or b) the second fixation element and the further second fixation element are arranged in a non-staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 2 above).
Regarding Claim 16, Zeng continues to teach wherein the resilient device is in connection with the first connection element (Refer to annotated Fig. 8 below).
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Regarding Claim 17, Zeng continues to teach wherein the resilient device is in connection with the first connection element (Refer to annotated Fig. 8 above).
Regarding Claim 18, Zeng continues to teach wherein at least one of the resilient device or a further resilient device is hooked in one or more of the hooks (Refer to close up to Fig. 8 below to depict that the fixation elements are hooks).
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Regarding Claim 19, Zeng continues to teach wherein at least one of the resilient device or a further resilient device is looped around one or more of the bars (Refer to annotated FIG. 8 above to depict that the connection elements are looped bars).
Regarding Claim 20, Zeng continues to teach wherein at least one of: a) the first inclination runs upward between the connection device and the fixation device with respect to a horizontal plane of the training device, orb) the second inclination runs downward between the connection device and the fixation device with respect to the horizontal plane of the training device (Refer to Fig. 8 to depict the inclination (Refer to annotated Fig. 8 below).
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Regarding Claim 21, Zeng teaches a suspension arrangement for suspending at least one standing device on a frame device of a training device, the suspension arrangement comprising: at least one fixation device for fixation to the frame device; at least one connection device for connection with the standing device; and at least one resilient device for resiliently connecting the fixation device with the connection device (Refer to Fig. 1 and annotated Fig. 8 below);
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(1st & 2nd fixation elements staggered along the vertical direction) OR
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(1st & 2nd fixation elements non-staggered along the vertical direction) wherein the resilient device extends inclined between the fixation device and the connection device so as to form at least one first inclination running along a first inclination direction and at least one second inclination running along a second inclination direction being different from the first inclination direction; wherein the fixation device comprises at least one first fixation element and at least one second fixation element, wherein the fixation device and the connection device are in connection with one another via the first and second fixation elements of the fixation device and the resilient device, and wherein the first fixation element and the second fixation element are arranged staggered from one another with respect to a vertical direction of the fixation device or the first fixation element and the second fixation element are arranged in a non-staggered manner from one another with respect to the vertical direction of the fixation device (Refer to annotated Fig. 8 above wherein the first fixation element and the second fixation element are located staggered with respect to the vertical direction), and wherein at least one of the first fixation element and the second fixation element has the shape of a hook, and wherein the resilient device is hooked in one or more of the hooks (Refer to close up to Fig. 8 below to depict that the fixation elements are hooks)
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wherein at least one of :i) the fixation device comprises at least one further first fixation element, wherein the hook constituting the first fixation element and the hook constituting the further first fixation element have at least one of the following features: a) extend in opposite directions or b) are arranged in a mirror-inverted manner with respect to one another and with respect to a plane extending along the vertical direction of the fixation device and between the first fixation element and the further first fixation element (Refer to annotated Fig. 2 below to depict that the 1st & further 1st fixation element would be mirrored via a vertical plane), or
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ii) the fixation device comprises at least one further second fixation element, wherein the hook constituting the second fixation element and the hook constituting the further second fixation element have at least one of the following features: a) extend in opposite directions or b) are arranged in a mirror-inverted manner with respect to one another and with respect to a plane extending along the vertical direction of the fixation device and between the second fixation element and the further second fixation element (Refer to annotated Fig. 2 above, such that the vertical plane extends between the 2nd fixation element and further 2nd fixation element).
Response to Arguments
Applicant’s arguments filed on 05/21/2025 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. Based on amendments to the drawings and further consideration of the prior arts, a new grounds of rejection has been disclosed above in view of Zeng, wherein the fixation device is broadly defined to encompass multiple fixation elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NYCA T NGUYEN whose telephone number is (571)272-7168. The examiner can normally be reached Mon-Fri 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Loan Jimenez can be reached at 571-272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784