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 .
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Cranke (US PG Pub. No. 2012/0283077, Nov. 8, 2012) in view of Deden (US Pat. No. 5,088,728, Feb. 18, 1992), and further in view of Wilkinson (US Pat. No. 5,306,222, Apr. 26, 1994).
Regarding claim 1, Cranke teaches a sport training device for muscle development (see Fig. 17 below), the device comprising: a belt 4 (see Fig. 17 below) capable of being worn about the waist of a user; two ankle portions (see Figs. 17 and 21 below), each of the ankle portions capable of being worn at or near an ankle of the user, wherein each of the ankle portions have at least one ankle clasp 505 (see Fig. 21 below); a shoulder harness 3 capable of being worn on each shoulder of the user, wherein the shoulder harness 3 comprises two loops of material 31 (see Fig. 1 below), wherein the shoulder harness has two shoulder clasps 33 positionable proximal to each of axillae (i.e., shoulder) of the user; and a pair of resistance bands 7 (see Fig. 17 below).
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Cranke is silent in explicitly teaching that the two shoulder clasps proximal to the axillae of the user are opposite to each acromial region of the user.
Deden, however, in an analogous art teaches a shoulder harness having two shoulder clasps (i.e., connectors 60, see Figs. 1-2 below and col. 6, lines 7-9; col. 7 lines 23-32; and col. 8, line 59 – col. 9, line 9) proximal to axillae 19 of a user opposite to each acromial region 22 of the user, the clasps 60 configured to be attached to a resistance system.
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Cranke such that the two shoulder clasps proximal to the axillae of the user are opposite to each acromial region of the user as taught by Deden in order to perform training of various athletic movements (see Deden, col. 9, lines 1-9).
Cranke is still silent in explicitly teaching wherein the at least one ankle clasp 505 (see Cranke, Fig. 21 above), is positioned on a lateral or medial side of the ankle and each of the resistance bands are attached at a first end to the shoulder harness 3 and at a second end to the ankle portions (see Fig. 21 above), wherein the primary pair of resistance bands is slidably engaged with the belt 4 at a middle portion of the resistance band, wherein the primary pair of resistance bands are configured to extend across an anterior side of a torso of the user, wherein each of the resistance bands of the primary pair of resistance bands is configured to attach to the each of the two shoulder clasps, respectively.
Wilkinson, however, in an analogous art teaches a sport training device for muscle development, the device comprising: a belt 50,222 (see Figs. 4 and 20 below) capable of being worn about the waist of a user; two ankle portions 12,146,147,152,228 (see Figs. 4, 12-13, 20, and 21 below), each of the ankle portions 12,146,147,152,228 capable of being worn at or near an ankle of a user, wherein each of the ankle portions 12,146,147,152,228 have at least one ankle clasp 148,149, 156 (see Figs. 12-13 and 21 below) is positioned on a lateral or medial side of the ankle. Wilkinson further teaches at least one shoulder harness 56,58,226 capable of being worn on at least one shoulder of a user; a primary pair of resistance bands 10, each of the resistance bands 10 attached at a first end to the shoulder harness 56,58,226 and at a second end to the ankle portions 12,228, wherein the primary pair of resistance bands 10 is slidably engaged with the belt 50,222 at a middle portion of the resistance band 10 (see Fig. 4 below and col. 4, lines 65-68 and col. 7, lines 11-15, where one end of the resistance band can be attached to any of the lateral/medial clasps of the ankle portion and another end at a shoulder clasp).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the body harness of Cranke in view of Deden such that the at least one ankle clasp is positioned on a lateral or medial side of the ankle as taught by Wilkinson (see Wilkinson, Figs. 4, 12-13, and 21 above) and the resistance bands 10 are attached at a first end to the shoulder harness 3 and at a second end to the ankle portions (see Wilkinson, Fig. 4 above), wherein the primary pair of resistance bands 10 is slidably engaged with the belt 4 at a middle portion of the resistance band, wherein the primary pair of resistance bands 10 are configured to extend across an anterior side of a torso of the user, wherein each of the resistance bands of the primary pair of resistance bands is configured to attach to the each of the two shoulder clasps as also taught by Wilkinson in order to provide alternative ankle portion and resistance band attachment configuration to exercise different muscle groups of the user.
Regarding claim 2, Cranke as modified by Wilkinson teaches further wherein the shoulder clasps and the ankle clasps attach the primary pair of resistance bands to the shoulder harness 3, the ankle portions (see Wilkinson, Fig. 4,12,21 above), and engage the primary pair of resistance bands 10 with the belt 4 (see Wilkinson, Fig. 4 above).
Regarding claim 3, Cranke as modified by Wilkinson teaches further comprising a leg portion 222 (see Wilkinson, Fig. 20 above) capable of attaching about a leg portion of a user and engages with one of the resistance bands 10 of the primary pair of resistance bands (see Wilkinson, col. 7, lines 11-15).
Regarding claim 4, Cranke teaches wherein each loop of the shoulder harness 3 has a back side and a front side (see annotated Fig. 1 above), wherein; a strap (see annotated Fig. 1 above) attached to the back side of the loops, and wherein each of the two shoulder clasps 31 is attached to the front side of the loops (see Fig. 1 above).
Regarding claim 5, Cranke teaches further comprising a pair of lower resistance bands, each of the lower resistance bands connected to a front of the belt 4 and one of the two ankle portions (see Cranke, Fig. 17 above).
Regarding claim 6, Cranke as modified by Wilkinson teaches further comprising: a leg portion 222 (see Wilkinson, Fig. 20 above) capable of attaching about a leg portion of a user; a pair of upper resistance bands having a first end, a second end, and a middle portion, each of the upper resistance bands connected at the first end to the shoulder clasp of the shoulder harness, at the second end to the leg portion, and slidably engaged to a front of the belt at the middle portion (see Wilkinson, col. 2, lines 43-57, where there can be multiple elastic cords attached to different portions through different loops, as shown in Wilkinson, Fig. 4 above).
Regarding claim 7, Cranke as modified by Wilkinson teaches a leg portion 222 (see Wilkinson, Fig. 20 above) capable of attaching about a leg portion of a user; a pair of upper resistance bands having a first end, a second end, and a middle portion, each of the upper resistance bands connected at the first end to the shoulder harness, at the second end to the leg portion, and slidably engaged to a front of the belt at the middle portion (see Wilkinson, col. 2, lines 43-57, where Cranke modified to include the leg portions 222 of Wilkinson, the resistance bands are capable of being to different portions through different loops from the upper body harness, belt, lower leg or ankle portions).
Regarding claim 8, Cranke as modified by Wilkinson teaches wherein each of the ankle portions further comprise at least one loop of material (i.e., loop of material defined by a circumference of a shoe/boot, strap 152, or a loop 151 of a sock, see Wilkinson, Figs. 4,12-13,21 above) capable of fastening about a foot of an individual and the clasp 148,149 attached to the loop of material and engageable with the lower pair of resistance bands (see Wilkinson, Figs. 4,12,21 above).
Regarding claim 9, Cranke as modified by Wilkinson teaches at least one loop of material (i.e., loop of material defined by a circumference of a shoe/boot, strap 152, or a loop 151 of a sock, see Wilkinson, Figs. 4,12-13,21 above) further comprises a flat rigid element (such as a bottom of a shoe/boot in the embodiment shown in Wilkinson Fig. 12 above) integral with the loop of material (i.e., ankle circumference of shoe/boot), whereby the flat rigid element (i.e., sole of shoe/boot) is positionable beneath a foot of a user to deter rotation of the loop of material about the foot and maintain the ankle clasp 148 on a lateral or medial side of the foot (see Wilkinson, Fig. 12 above).
Allowable Subject Matter
Claim 10 is allowed.
Regarding claim 10, none of the prior art teach or suggest all the limitations of the claim and more specifically a sport training device for muscle development, the device comprising: a belt capable of being worn about the waist of a user, the belt having at least two belt clasps, each belt clasp positioned on each lateral side of a lower torso of the user; two ankle portions, each of the ankle portions capable of being worn at or near an ankle of the user, wherein each of the ankle portions have at least one ankle clasp, the at least one ankle clasp positioned on a medial side of the ankle; a shoulder harness capable of being worn on each shoulder of the user, wherein the shoulder harness comprises two loops of material, wherein the shoulder harness has two shoulder clasps positionable proximal to each of axillae of the user and opposite to each acromial region of the user; a leg portion capable of attaching about a leg of the user, wherein the leg portion is positioned superior to the ankle portion and has at least one leg clasp positioned on the lateral side of the leg of the user; and a primary pair of resistance bands, each of the resistance bands attached at a first end to the shoulder claps of the shoulder harness and at a second end to the ankle clasp of the ankle portions, wherein the primary pair of resistance bands is slidably engaged with the belt clasps of the belt at a middle portion of the resistance band, wherein the primary pair of resistance bands is removably fixed to the leg clasp of the leg portion at a portion of the resistance band inferior to the belt and superior to the ankle portion, wherein each of the resistance bands of the primary pair of resistance bands is configured to attach to each of the two shoulder clasps, respectively, and extend inferiorly and substantially orthogonally across an anterior side of a middle-torso of the user and each attach to the belt clasps of the belt, wherein each of the resistance bands extends substantially linearly on each lateral side of the user from the belt clasp to the leg clasp, wherein each of the resistance bands extends across each lower leg portion and connect to each of the ankle clasps positioned medially, respectively.
Response to Arguments
Applicant’s arguments filed on 12/05/2025 have been considered but are unpersuasive.
As explained in the rejections above, Wilkinson teaches ankle clasps positioned at a lateral or medial side of an ankle and it would have been obvious to a person of ordinary skill in the art to modify the ankle portion of Cranke or to substitute the ankle portion of Cranke with an alternative ankle portion having clasps at lateral or medial sides of the ankle portion for the same purpose of attaching to resistance bands that attach at one end to the shoulder and another end to the ankle, whereby a middle portion of the resistance band extends through a belt portion located at a waist of user.
Conclusion
THIS ACTION IS MADE FINAL. 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 ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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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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/ANDREW S LO/Primary Examiner, Art Unit 3784