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 .
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 one resistance member threaded through the handle anchor (claim 3) must be shown or the feature(s) canceled from the claim(s). 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 Rejections - 35 USC § 103
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.
Claims 1, 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over UK Patent Application Number GB 2518515 (Macedo).
Regarding claim 1, Figure 1 of Macedo shows a handle 15 with two ends. Retainer portions 31,32 correspond to the recited handle anchor. Figure 5 of Macedo shows a foot strap 50 including a foot strap anchor 52 and a resistance member 51 connected between the handle anchor 31,32 and foot strap anchor 52. Figure 1 of Macedo also shows first and second grips 21,22 made of foam but does not explicitly show the grip to be sliding. Also, see Macedo, page 3, last paragraph. It would have been obvious to one of ordinary skill in the art to make the foam grips of Macedo slideable for the purpose of easily replacing the grip when it is worn since it was known in the art that foam grips can be worn down over time and it would have been within the ability of a person of ordinary skill in the art to replace a worn grip by sliding the old grip off and sliding a new grip on.
Regarding claim 2, Figure 5 of Macedo shows two foot straps 50.
Regarding claim 4, Figure 5 of Macedo further shows the two foot straps 50 connected to handle anchor 31,32 by resistance members 51.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication Number 2004/0185990 (Orescan et al., hereinafter Orescan).
Regarding claims 1 and 2, Figures 1 and 8 of Orescan show the recited handle 20 having two ends and a handle anchor 60 located approximately in the middle of the handle. Figures 1 and 3 of Orescan further show two foot straps 50 including a resistance member 40 connected between handle anchor 60 and a foot strap anchor (where resistance member 40 is attached to foot strap 50). Figure 2 of Orescan shows two grips 35 but does not explicitly show them to be sliding. Also, see Orescan, paragraph [0041]. As Figures 5-10 of Orescan show that the handle can be used in different configurations and one of ordinary skill would readily recognize that users of different heights can use the Orescan device, it would have been an obvious matter of design choice to make the Orescan grips slidable in order to change the position of the grips to accommodate a particular user’s optimum grip placement along the handle, since such a modification would have involved a mere change in the adjustability of the grips. Making an element adjustable is generally recognized as being within the level of ordinary skill in the art. See In re Stevens, 101 USPQ 284.
Regarding claim 3, Figures 1-2 of Orescan show resistance member 40 threaded through handle anchor 60 via a ring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Raleigh Chiu whose telephone number is (571) 272-4408. The examiner can normally be reached on Monday-Tuesday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim, can be reached on (571) 272-4463.
The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
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It is noted that all practice before the Office is in writing (see 37 C.F.R. § 1.2) and the proper authority for action on any matter in this regard are the statutes (35 U.S.C.), regulations (37 C.F.R.) and
the commentary on policy (MPEP). Therefore, no telephone discussion may be controlling or considered authority of Petitioner’s/Caller’s action(s).
/RALEIGH W CHIU/ Primary Examiner, Art Unit 3711