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 Objections
Claim 1 has been objected to as follows:
On line 6, “the wireless” should be corrected to ---a wireless---
Claim 2 has been objected to as follows:
On line 2, “communicating” should be corrected to ---communicates---
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1, 3, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tonal Tap Foot Pedal (https://www.etsy.com/listing/920482428/tonal-tap-foot-pedal-activator-for-tonal; archived October 19, 2021, accessed November 6, 2024; hereinafter: " Tonal Tap Foot Pedal").
Regarding claim 1:
Tonal Tap Foot Pedal discloses a foot activated wireless control device (Foot pedal activator, See annotated Fig. below) for controlling an operation of exercise equipment ( “Attach your tonal bar control module to the Tonal tap and turn the Tonal Weights on and off with just the tap of your foot”, Page 2 Description section) comprises: a housing (Pedal Housing, see annotated Fig. below); the housing having a floor (Floor, see annotated Fig. below) with a first edge and a second edge (Floor has edges in both side, see annotated Fig. below), a first wall (First wall, see annotated Fig. below) extending from the first edge of the floor (First wall extends from the edge of the Floor, see annotated Fig. below) and a second wall (Second wall, see annotated Fig. below) extends from the second edge of the floor in parallel with the first wall (Second wall extends from the edge of the Floor and it’s parallel to First wall, see annotated Fig. below); the wireless control device (Tonal BCM, see annotated Fig. below) being disposed between the first wall and the second wall the wireless control device having an interior surface (the Tonal BCM has an interior surface that fits over the stabilization core of the device); the wireless control device having an external actuator switch (Actuator switch, see annotated Fig. below); and a stabilization core (Stabilization core, see annotated Fig. below) disposed between the first wall and the second wall (Stabilization is disposed between First wall and Second wall, see annotated Fig. below), the stabilization core receiving the wireless device (Tonal BCM, see annotated Fig. below) thereon, the stabilization core having a first portion (the top portion of the stabilization core that receives the Tonal BCM) having a shape configured to be received by, and mate with, the interior surface of the wireless device (see Fig. below that show the Tonal BCM placed on the stabilization core), and the stabilization core having a second portion having a shape preventing rotation of the wireless device about the stabilization core (The stabilization core has a taper on the back section shown best in the last annotated Fig. below that has been considered the second portion. Due to the shape of the Tonal BCM, the taper would not allow for the Tonal BCM to rotate around the stabilization core. Further, Tonal Tap Foot Pedal discloses “Our design ensures that the bar control module cannot slip out of place.” ); and a flipper (Flipper, Fig. 2) is rotatably mounted in the housing between the first wall and the second wall (Flipper is mounted between first wall and second wall, Fig. 2), the flipper rotating between a first position providing access to the wireless device (Flipper, Fig. 2) and at least a second position in which the flipper is in contact with the actuator switch to operate the wireless device upon the application of pressure to the flipper (Flipper shown in contact with the Tonal BCM, Fig. 3).
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Regarding claim 3:
Tonal Tap Foot Pedal discloses wherein the flipper (Flipper, see annotated Fig. above) has a distal end (Distal, see annotated Fig. above) and a proximal end (Proximal, see annotated Fig. above), the flipper being in contact with the actuator at the proximal end (In contact with actuator switch, see annotated Fig. above), and further comprising an opening at the proximal end (Opening, see annotated Fig. above).
Regarding claim 5:
Tonal Tap Foot Pedal discloses wherein the interior surface of the wireless device is curved surface (see annotated Fig. below).
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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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Tonal Tap Foot Pedal (https://www.etsy.com/listing/920482428/tonal-tap-foot-pedal-activator-for-tonal; archived October 19, 2021, accessed November 6, 2024; hereinafter: " Tonal Tap Foot Pedal") in view of Tonal BCM (https://knowledge.tonal.com/s/article/Smart-Accessories; archived September 9, 2022, accessed November 6, 2024; hereinafter: " Tonal BCM"). Tonal Tap Foot Pedal discloses the device as substantially claimed above.
Regarding claim 2:
Tonal Tap Foot Pedal fails to specifically discloses wherein the wireless device wirelessly communicating with a second device.
Tonal BCM, discloses wherein the wireless device is a Bluetooth device that communicates with a secondary device (Bar Control Module (BCM) connects to Tonal Over Bluetooth, Page 1 Feature section).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Tonal Tap Foot Pedal to include the Bluetooth device of Tonal BCM, so that the user can have the functionality to turn the weight on/off with a press of a button (Tonal BCM, Page 1). The Examiner notes that Tonal Tap Foot Pedal does disclose a BCM, but fails to specifically state that the BCM wirelessly communicates with a secondary device.
Response to Arguments
The arguments have been considered and not found persuasive.
With regards to the wireless control device not being rotatable around the stabilization core, the Examiner respectfully disagrees. Tonal Tap Foot Pedal does disclose a second surface configured to keep the wireless control device from rotating around the stabilization core, please see the annotated Figure below. The NPL reference further discloses “Our design ensures that the bar control module cannot slip out of place.”. The wireless control device is not circular in shape, but instead on oval. Due to the nature of the shape of the wireless control device and the taper found on the stabilization core, the wireless device is prevented from rotation. With respect to the arguments addressing the “lock and key” configuration, this is a more narrow scope and has not yet been claimed.
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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 LOAN B JIMENEZ whose telephone number is (571)272-4966. The examiner can normally be reached Mon-Thu 6 am to 4 pm.
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LOAN B. JIMENEZ
Supervisory Patent Examiner
Art Unit 3784
/LOAN B JIMENEZ/Supervisory Patent Examiner, Art Unit 3784