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 § 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.
Claims 3-6 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 3 recites the limitation "the resilient member", “the mount”, and “the adapter”. There is insufficient antecedent basis for this limitation in the claim. It appears that Claim 3 should be dependent from Claim 2 and not Claim 1, and will be interpreted as such.
Claim 4 recites the limitation “the adapter”. There is insufficient antecedent basis for this limitation in the claim. It appears that Claim 4 should be dependent from Claim 2 and not Claim 1, and will be interpreted as such.
Claim 5 recites the limitation “the mount”. There is insufficient antecedent basis for this limitation in the claim. It appears that Claim 5 should be dependent from Claim 2 and not Claim 1, and will be interpreted as such.
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, 2, 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, wherein the central opening is adapted to receive an assemblage 16,54 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 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 2, Peritz continues to teach wherein the 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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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).
Claim(s) 7, 9-11, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SANG (CN 113230597 A).
Regarding Claim 7, Sand teaches a mount assembly for coupling a fitness device to a workout surface 8 comprising: an adapter 2 having a vertical body portion extending between first and second ends thereof, the adapter including a plurality of leg portions 1 extending horizontally therefrom and a recess therein extending from the first end toward the second end; a mount 5 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 3 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 (Refer to annotated Figs. 1&2.. Translation: Claim 6:” The self-locking body-building turntable according to claim 1, wherein the second end of the rotating shaft (5) is provided with a mounting groove; the spring (3) comprises a compression spring compression spring mounted on the mounting groove; one end of the compression spring is propped against the bottom wall of the mounting groove. the other end of the compression spring is propped against the bottom wall of the cavity.”).
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Regarding Claim 9, Sang continues to teach wherein the vertical body of the adapter is circular (Refer to Fig. 3).
Regarding Claim 10, Sang continues to teach wherein each of the plurality of leg portions 1 of the adapter has an angled surface (Refer to Fig. 3 to depict from the top view the leg portions are angled).
Regarding Claim 11, Sang continues to teach wherein a force applied along the central axis in a second direction opposite the first direction causes the mount and adapter to move in the second direction.
Regarding Claim 16, Sang continues to teach wherein the attachment surface of the mount is configured to directly contact the workout surface 8 (Refer to Fig. 1).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peritz (US 20150011369 A1) in view of Wilson (US 20190314676 A1).
Regarding Claim 4, Peritz teaches wherein the adapter includes at least one mounting feature 58 configured to rotatably engage a surface 68 of the platform 10 central opening (Refer to Figs. 5&6 Paragraph [0041]). Peritz fails to teach wherein the surface 68 is ramped. Peritz teaches that the mounting feature 58 is ramped (Refer to Fig. 6 to depict that the mounting feature 58 has a slope at one end). Wilson et al teaches a wobble board wherein a mounting feature 580 configured to rotatably engage a ramped surface 600 (Refer to Fig. 12&13 Paragraph [0082]:” A number of inclined grooves 600, which in this form is three (3) inclined grooves 600, are defined on the bottom surface 593 of the body 590 at spaced apart locations from one another. The location and number of inclined grooves 600 corresponds to that of the location and number of projections 580 that extend from the body 565 of the interlock disc 515. Further, each inclined groove 600 is dimensioned and shaped to correspond to or complement one of the projections 580 of the interlock disc 515.”). The Office takes the position that it would have been obvious to modify the surface 68 of platform 10 to be ramped to correspond with the ramp surface of mounting feature 58 for the purpose of providing a smooth transition when locking and unlocking.
Allowable Subject Matter
Claims 17-26 are allowed.
Claims 3, 8, and 12-15 are 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.
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 balance trainer comprising: a bladder; and a platform coupled to the bladder, the platform having a central opening therethrough, wherein the central opening is adapted to receive an assemblage 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; wherein the assemblage includes an adapter, a mount, and a resilient member that biases the assemblage through the platform central opening; and 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.
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attach list of references cited for prior arts pertinent to claimed and unclaimed subject matter.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784