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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02 September 2025 and 01 October 2025 has been entered.
Priority
Acknowledgement is made of Applicant’s claim for priority as a continuation-in-part of U.S. application no. 17/568,882 filed 05 January 2022 (now abandoned) and of Applicant’s claim for priority to provisional application no. 63/298,170 filed 10 January 2022 and provisional application no. 63/134,036 filed 05 January 2021.
Election/Restrictions
Applicant elected Invention I (claims 1-10) without traverse in the reply filed on 05 November 2024 and further elected Species A (Figures 1-1 through 1-5) without traverse during an interview on 26 November 2024. Claims drawn to the nonelected invention and/or species have been canceled by Applicant.
Response to Amendment
The claim objections have been obviated in view of Applicant’s amendments filed 02 September 2025.
Claims 6 and 11-20 have been canceled.
Claims 1-5, 7-10, and 21 are still pending. An action on the merits follows.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-5, 7-10, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2017/0252599) in view of Smith et al. (US 2016/0059064, hereinafter Smith).
Regarding claim 1, Wang teaches a system for securing an adjustable dumbbell, comprising:
a handle (handle device 3);
a plurality of weight plates (weight members 20) selectively connectable to the handle (Fig. 1);
a cradle (base support 10) configured to support the handle and the plurality of weight plates, the cradle including a plurality of latches (hooks/catches 41) configured to selectively secure the plurality of weight plates to the cradle (Figs. 1, 6-7. Para. [0031]: “In operation, as shown in FIGS. 1 and 6-7, … the spring biasing members 44 may bias and force the catches 41 of the followers 40 to move toward the key 14 of the base support 10 and to engage with the lock notches 22 of the weight members 20 (FIG. 8) that are left and/or supported on the base support 10, for selectively anchoring or latching or retaining the selected numbers of the weight members 20 to the base support 10 and for preventing the weight members 20 from being disengaged or removed or separated from the base support 10 inadvertently.”);
wherein [the system is] configured to selectively attach a first combination of weight plates of the plurality of weight plates to the handle and to selectively secure a second combination of weight plates of the plurality of weight plates to the cradle such that a dumbbell weight matches the set weight (Fig. 8 below shows the dumbbell system configured to attach a first combination of weight members 20 to the handle device 3 and a second combination of weight members 20 to the base support 10 via hooks/latches 41.).
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Wang does not teach the electronic components of a weight selection input configured to receive a set weight; and a weight controller configured to selectively attach and secure the weight plates.
However, in a similar field of endeavor, Smith teaches a system for securing an adjustable dumbbell (dumbbell 100) comprising: a handle (handle 106); a plurality of weight plates (weights 114) selectively connectable to the handle (Figs. 1B, 2); a cradle (cradle 600) including a plurality of selectors (selectors 700) configured to selectively retain the weight plates in the cradle (Figs. 6, 7: The selectors 700 operate to release the weight from the handle and retain it in the cradle.); and a weight selection input (input mechanism 608) configured to receive a set weight (Para. [0056]: “This input mechanism 608 of the dumbbell assembly 602 allows the user to provide an input that causes the weight connections of the first dumbbell 100 and/or second dumbbell 604 to change.” Para. [0064]: “The user may use the input mechanism 608 to connect and/or disconnect any combination of weights 114 from the dumbbell's support structure 102. Thus, a user may input the desirable amount of weight for the dumbbell 100 into the input mechanism 608. For example, the user may indicate through the input mechanism that the desirable weight is thirty pounds. In this example, the selection mechanisms of the dumbbell assembly 602 may cause the appropriate changes to the connections of the weight sets to cause each of the first and second dumbbells 100, 604 to have an overall weight of thirty pounds.”); and a weight controller (selection mechanism) configured to selectively attach a first combination of weight plates of the plurality of weight plates to the handle and to selectively retain a second combination of weight plates of the plurality of weight plates to the cradle such that a dumbbell weight matches the set weight (Para. [0060]: “The linear position of the selectors is adjustable and is controlled based on the user input through the input mechanism 608.” Para. [0064]: “the selection mechanisms of the dumbbell assembly 602 may cause the appropriate changes to the connections of the weight sets.” Claim 1: “an input mechanism incorporated into the body; a selection mechanism incorporated into the body, the selection mechanism including: a selector that adjusts a connection of the weight with the adjustable dumbbell in response to a command received from the input mechanism.” Any weights 114 not attached to the handle would be retained in the cradle 600 via the rod 700 of the selector 610 present within the cavity 308 of the weight 114.).
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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 system of Wang by including the electrical components of the weight selection input and weight controller of Smith as it is well known in the art to have electrical components within exercise equipment. One of ordinary skill in the art would have been motivated to make this modification in order to provide an input mechanism that “allows the user to provide an input that causes the weight connections of [the dumbbell] to change,” as suggested by Wang (Para. [0056]).
Regarding claim 2, the combination of Wang and Smith as discussed above teaches the system of claim 1, wherein the weight selection input includes a voice recognition input (Smith: Para. [0056]: “For example the input mechanism 608 may include … a microphone.” Para. [0078]: “This implementation may occur through input mechanisms, such as … voice commands.” The input mechanism 608 can include a microphone for receiving voice commands from a user.).
Regarding claim 3, the combination of Wang and Smith as discussed above teaches the system of claim 1, wherein the weight selection input includes one or more buttons (Smith: Fig. 6. Para. [0056]: “the illustrated example depicts the input mechanism 608 as push buttons.”).
Regarding claim 4, the combination of Wang and Smith as discussed above teaches the system of claim 1, wherein the weight selection input includes a communication device configured to:
receive the set weight from a remote computing device (Smith: Para. [0056]-[0057]: “the input mechanism 608 may include a wireless mechanism, such as a transceiver, that is capable of receiving a message from a remote source. For example, the wireless mechanism may be capable of receiving instructions from a computing device to operate a selector of the dumbbell assembly 602 in this manner that adjusts the connections between the weights 114 and the support structures of the first and second dumbbells 100, 604. In this example, the transceiver 250 can be connected to a mobile device which includes a touch screen that allows a user to select a desirable amount of weight for each of the first and second dumbbells 100, 604.”).
Regarding claim 5, Wang teaches a system for securing an adjustable dumbbell, comprising:
a handle (handle device 3);
a plurality of weight plates (weight members 20) removably connected to the handle, each weight plate of the plurality of weight plates including a notch (lock notch 22);
a cradle (base support 10) including a plurality of latches (hooks/catches 41), each latch of the plurality of latches configured to be selectively inserted into the notch located on a respective weight plate of the plurality of weight plates, wherein the respective weight plate is configured to be secured to the cradle when one or more latches of the plurality of latches are inserted into the notch located on the respective weight plate (Figs. 1, 6-7. Para. [0031]: “In operation, as shown in FIGS. 1 and 6-7, when or before the handle device 3 is engaged onto the actuator buttons 45, or when the handle device 3 is disengaged or separated from the actuator buttons 45, the spring biasing members 44 may bias and force the catches 41 of the followers 40 to move toward the key 14 of the base support 10 and to engage with the lock notches 22 of the weight members 20 (FIG. 8) that are left and/or supported on the base support 10, for selectively anchoring or latching or retaining the selected numbers of the weight members 20 to the base support 10 and for preventing the weight members 20 from being disengaged or removed or separated from the base support 10 inadvertently.”);
wherein [the system is] configured to activate a first quantity of the plurality of latches and to selectively attach a second quantity of weight plates of the plurality of weight plates to the handle based on a set weight (Fig. 8 shows the dumbbell system configured to attach a first combination of weight members 20 to the handle device 3 and a second combination of weight members 20 to the base support 10 via hooks/latches 41.).
Wang does not teach the electronic components of a weight selection input that includes a voice recognition output; and a weight controller configured to activate the plurality of latches to selectively attach and secure the weight plates.
However, in a similar field of endeavor, Smith teaches a system for securing an adjustable dumbbell (dumbbell 100) comprising: a handle (handle 106); a plurality of weight plates (weights 114) selectively connectable to the handle (Figs. 1B, 2); a cradle (cradle 600) including a plurality of selectors (selectors 700) configured to selectively retain the weight plates in the cradle (Figs. 6, 7: The selectors 700 operate to release the weight from the handle and retain it in the cradle.); a weight selection input (input mechanism 608) that includes a voice recognition output (Para. [0056]: “For example the input mechanism 608 may include … a microphone.” Para. [0078]: “This implementation may occur through input mechanisms, such as … voice commands.” The input mechanism 608 can include a microphone for receiving voice commands from a user.); and a weight controller (selection mechanism) configured to activate a first quantity of the plurality of selectors and to selectively attach a second quantity of weight plates of the plurality of weight plates to the handle based on a set weight from the weight selection input (Para. [0060]: “The linear position of the selectors is adjustable and is controlled based on the user input through the input mechanism 608.” Para. [0064]: “the selection mechanisms of the dumbbell assembly 602 may cause the appropriate changes to the connections of the weight sets.” Claim 1: “an input mechanism incorporated into the body; a selection mechanism incorporated into the body, the selection mechanism including: a selector that adjusts a connection of the weight with the adjustable dumbbell in response to a command received from the input mechanism.”).
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 system of Wang by including the electrical components of the weight selection input and weight controller of Smith as it is well known in the art to have electrical components within exercise equipment. One of ordinary skill in the art would have been motivated to make this modification in order to provide an input mechanism that “allows the user to provide an input that causes the weight connections of [the dumbbell] to change,” as suggested by Wang (Para. [0056]).
Regarding claim 7, the combination of Wang and Smith as discussed above teaches the system of claim 5, wherein the weight selection input includes one or more buttons (Smith: Fig. 6. Para. [0056]: “the illustrated example depicts the input mechanism 608 as push buttons.”).
Regarding claim 8, the combination of Wang and Smith as discussed above teaches the system of claim 5, wherein the weight selection input includes a communication device configured to:
receive the set weight from a remote computing device (Smith: Para. [0056]-[0057]: “the input mechanism 608 may include a wireless mechanism, such as a transceiver, that is capable of receiving a message from a remote source. For example, the wireless mechanism may be capable of receiving instructions from a computing device to operate a selector of the dumbbell assembly 602 in this manner that adjusts the connections between the weights 114 and the support structures of the first and second dumbbells 100, 604. In this example, the transceiver 250 can be connected to a mobile device which includes a touch screen that allows a user to select a desirable amount of weight for each of the first and second dumbbells 100, 604.”).
Regarding claim 9, the combination of Wang and Smith as discussed above teaches the system of claim 5, further comprising: a display configured to display exercise information (Smith: Para. [0066]: “For example, the processing resources 802 may be in communication with a remote device that stores the user information or workout environment information. This remote device may be a mobile device 814… the mobile device 814 has access to information about the user and/or workout environment.” The system is connected to a mobile device which has a display for displaying information about the user and/or workout environment. Such user/workout environment information is considered exercise information.).
Regarding claim 10, the combination of Wang and Smith as discussed above teaches the system of claim 9, wherein the display is a touch-sensitive display, and wherein the weight selection input includes one or more buttons on the touch- sensitive display (Smith: Para. [0056]-[0057]: “the input mechanism may include a wireless mechanism, such as a transceiver, that is capable receiving a message from a remote source… the transceiver 250 can be connected to a mobile device which includes a touch screen that allows a user to select a desirable amount of weight for each of the first and second dumbbells… This mobile devices may use any appropriate type of user interface for communicating the amount of weight to adjust. For example, this mobile device may include… scroll buttons… to send instructions for adjusting the weight amount.” The display on the mobile device is also connected to the input mechanism such that the buttons on the touch screen of the mobile device operate the input mechanism.).
Regarding claim 21, Wang in view of Smith teaches the system of claim 1, wherein each latch of the plurality of latches, in a first position, prevents a weight plate from becoming dislodged from the cradle when the handle is removed from the cradle (Wang: Para. [0031]: “the spring biasing members 44 may bias and force the catches 41 of the followers 40 to move toward the key 14 of the base support 10 and to engage with the lock notches 22 of the weight members 20 (FIG. 8) that are left and/or supported on the base support 10, for selectively anchoring or latching or retaining the selected numbers of the weight members 20 to the base support 10 and for preventing the weight members 20 from being disengaged or removed or separated from the base support 10 inadvertently.”).
Response to Arguments
Applicant's arguments filed 02 September 2025 have been fully considered but they are not persuasive.
Applicant argues that Smith does not teach or suggest “a weight controller configured to selectively attach a first combination of weight plates of the plurality of weight plates to the handle and to selectively secure a second combination of weight plates of the plurality of weight plates to the cradle such that a dumbbell weight matches the set weight” as recited in amended claim 1. The Office agrees that Smith does not teach wherein the weight plates are secured to the cradle; however, Smith is relied upon to teach the electrical components of the weight selection input and the weight controller. Wang teaches wherein the dumbbell system is configured to selectively attach a first combination of weight plates to the handle and to selectively secure a second combination of weight plates to the cradle via the hooks 41 (See Fig. 8). It is well known in the art to have electrical components within exercise equipment.
Conclusion
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784