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 .
Status of Claims
This is a FINAL Rejection to Amendments and Arguments filed by Applicant on 05/01/2026. Claims 1, 7, and 15 have been amended. Currently pending for review are Claims 1, 3-11, and 13-26.
Response to Amendment
Regarding the 35 U.S.C. 112(b) Rejections made in the Office Action filed on 11/03/2025. Amendments/Remarks & Arguments filed by Applicant on 05/01/2026 correct the rejection and/or are persuasive. Therefore, the 35 U.S.C. 112(b) Rejections made in the Office Action filed on 11/03/2025 has been withdrawn unless otherwise indicated below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites “the adapter includes at least one mounting feature”, however Claim 1 already discloses mounting features and therefore it is unclear if Applicant is referring to the same or different mounting features. In order to proceed, the claim will be interpreted –the adapter includes the mounting features--.
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, 5, and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peritz (US 20150011369 A1).
Regarding Claim 1, Peritz teaches a balance trainer comprising: a bladder 104; and a platform 10 coupled to the bladder 104 (Refer to Fig. 19), the platform having a central opening therethrough; assemblage 16,54 includes an adapter 16, a mount 54, and a resilient member that biases the assemblage through the platform central opening (Refer to annotated Fig. 18 below for depiction of the resilient member spring within the central opening),
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wherein the central opening includes fastening features with connection portions 66,68 adapted to receive the assemblage 16,54 when the assemblage with complimentary mounting features 56,58 when the assemblage is in a first orientation (Refer to Fig. 18B) with respect to the opening and is adapted to fixedly couple the platform to the assemblage when the assemblage is in a second orientation (Refer to Fig. 18A) with respect to the opening, and wherein the assemblage is adapted to mount the balance trainer to another surface 190 (Refer to Figs. 18&19 Paragraph [0049]:” With regard to FIG. 18, a cross-section view of the base 10 illustrates the dial lock 16 in a locked (18A) and unlocked (18B) positions. In the locked position, the dial lock 16 is fully engaged with the lower unit 12 of the base 10, thereby preventing the free rotation of the upper unit 11 and lower unit 12 in relation to each other. In order to unlock the dial lock 16 and enable rotation, the dial lock 16 is lifted vertically from the upper unit 11 and turned clockwise 15 degrees. Once released following the 15 degree turn, the dial lock 16 is supported by a series of four lock tabs 58 that keep the four posts 56 from aligning with openings 66 in lower unit 12. The inability of posts 56 to fully engage openings 66 in lower unit 12 is what allows the upper unit 11 and lower unit 12 to rotate independent of each other about bearing 52. In order to return to the locked position, dial lock 16 is turned counter-clockwise 15 degrees after which the partial rotation of upper unit 11 results in the dial lock 16 fully engaging the lower unit 12. A snapping sound indicates to the user that the dial lock 16 is in the locked position.”).
Regarding Claim 5, Peritz continues to teach wherein the mount 54 includes a mounting surface configured to contact and secure to the another surface 190 (The Office takes the position that the mount indirectly contacts the platform 190).
Regarding Claim 6, Peritz continues to teach wherein the another surface is at least one of a rolling platform, wall or fitness accessory 190 (Refer to Fig. 19).
Response to Arguments
Applicant's arguments filed on 05/01/2026 have been fully considered but they are not persuasive. Based on amendments to change the scope of the claims filed on 05/01/2026, a rejection to address the amendments have been disclosed above.
Allowable Subject Matter
Claims 7-11 and 13-26 are allowed.
Claims 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: SANG, Peritz, and Wilson are the closest prior arts to the claimed invention but fails to teach the claimed invention as a whole being a bladder; a platform coupled to the bladder, the platform having a central opening therethrough; and an assemblage including an adapter, a mount, and a resilient member that biases the adapter with respect to the mount, wherein the central opening includes fastening features with connection portionsis adapted to receive anthe assemblage with complimentary mounting features when the assemblage is in a first orientation with respect to the opening and is adapted to fixedly couple the platform to the assemblage when the assemblage is in a second orientation with respect to the opening, and wherein the assemblage is adapted to mount the balance trainer to another surface; and wherein the adapter includes the mounting features configured to rotatably engage a ramped surface of the platform central opening or wherein the resilient member is a spring configured to extend through a bore of the mount and at least partially through a recess of the adapter. And/or a fixation assembly comprising: a platform having a central opening; a mount assembly comprising: an adapter having a vertical body portion extending between first and second ends thereof, the adapter including a plurality of leg portions extending horizontally therefrom and a recess therein extending from the first end toward the second end; a mount having a planar horizontal portion and a vertical portion perpendicular to the planar horizontal portion and a bore extending through both the horizontal and vertical portions along a central axis, the horizontal portion of the mount configured to be slidingly received in the recess of the adapter; and a resilient member configured to be received in the bore of the mount and to push the adapter and mount along the central axis in a first direction; and a workout surface, wherein the adapter of the mount assembly is configured to be received within and be securely fastened to the central opening of the platform and the mount of the adapter is configured to directly contact and be fixed to the workout surface. And/or a mount assembly for coupling a fitness device to a workout surface comprising: an adapter having a vertical body portion extending between first and second ends thereof, the adapter including a plurality of leg portions extending horizontally therefrom and a recess therein extending from the first end toward the second end; a mount having an attachment surface and a vertical portion perpendicular to the attachment surface and a bore extending through both the attachment surface and the vertical portion along a central axis, the vertical portion of the mount configured to be slidingly received in the recess of the adapter; and a resilient member configured to be received in the bore of the mount and to push the adapter and mount along the central axis in a first direction wherein the fitness device is a balance trainer having an inflatable bladder fixed to a platform, the platform having a central opening configured to receive and securely fasten to the mount assembly.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 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
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