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 .
Election/Restrictions
Applicant’s election without traverse of Invention II (Claims 8-18) in the reply filed on 9/4/2025 is acknowledged. Claims 29-45 have been added and they are directed to the elected invention. No new matter was added.
Claims 1-7 and 19-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/4/2025.
Claims 1-7 and 19-28 were canceled by amendment.
Claims 8-18 and 29-45 are currently pending. An action on the merits follows.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/17/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 35-36, 41, and 43-44 are objected to because of the following informalities:
In claim 35 line 2, “from second” should be changed to --from the second--.
In claim 36 line 3, “the second clamp plate to” should be changed to --the second clamp plate set--.
In claim 41 line 2, “the first plate set and the second plate set” should be changed to --the first clamp plate set and the second clamp plate set--.
In claim 43 line 1, “when clamp” has been changed to --when the clamp--.
In claim 44 line 2, “when clamp” has been changed to --when the clamp--.
In claim 44 lines 7-10, the limitation “when the clamp is in the closed position and the latch is in the latched state, a first distance between the first clamp plate set and the second clamp plate set adjacent to the latch is less than a second distance between the first clamp plate set and the second clamp plate set adjacent to the first clamp jaw and the second clamp jaw” is redundant as it repeats the limitation in parent claim 43. The Office suggests deleting this limitation from claim 44.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 32-36 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 32 recites the limitation “a first pin configured to selectively engage the first latch opening and the second latch opening” in lines 1-2, which is not supported by the specification. The specification does not support the first pin engaging both latch openings. The specification in para [0061] discloses that the “first pin 530 is configured to engage with the first latch opening 418.” The specification does not disclose the first pin being configured to selectively engage the second latch opening. Instead, the specification discloses in para [0062] that the “second pin 532 is configured to engage with the second latch opening 432.” It appears that applicant may have intended to have the limitation recite that the first part is configured to engage the first latch opening and the second latch opening as is supported by para [0061] of the specification. For the purpose of prosecution, the limitation has been interpreted as “a first part configured to selectively engage the first latch opening and the second latch opening.” Claims 33-36 depend on claim 32 and are similarly rejected.
Claim 36 recites the limitation “the release lever comprises a hook…in contact with the first front clamp plate” in lines 1-2, which is not supported by the specification. The specification does not support the hook being in contact with the first front clamp plate. The specification in para [0065] discloses that the “release hook 546 is configured to engage…the second clamp plate set 404.” However, the specification does not disclose the release hook being configured to engage the first front clamp plate of the first clamp plate set. For the purpose of prosecution, the limitation has been interpreted as “the release lever comprises a hook…in contact with the second clamp plate set.”
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 9-18 and 29-45 are 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 9 recites the limitation “the first clamp plate set comprises a first front clamp plate and a first rear clamp plate, each having a first pivot point and a first slot, and a first latch opening positioned above the first slot on an outer edge of the first clamp plate set, a first clamp jaw positioned on an inner edge of the first clamp plate set between the first pivot point and the first slot” (emphasis provided) in lines 2-5, which is vague and indefinite. Firstly, it is unclear if the first front clamp plate and the first rear clamp plate has separate first pivot points and first slots or if they share the same first pivot point and the same first slot. Secondly, due to the grammatical arrangement of the limitation, it is unclear if the first clamp plate set or the combination of the first front clamp plate and the first rear clamp plate comprises the first latch opening. Thirdly, due to the grammatical arrangement of the limitation, it is unclear if the first clamp plate set or the combination of the first front clamp plate and the first rear clamp plate comprises the first clamp jaw. Claims 10-18 and 29-45 depend on claim 9 and are similarly rejected.
Claim 10 recites the limitation “the second clamp plate set… comprises a second front clamp plate and a second rear clamp plate, each having a second pivot point and a second slot, and a second latch opening positioned above the second slot, and a second clamp jaw positioned on an inner edge of the second clamp plate set between the second pivot point and the second slot” (emphasis provided) in lines 2-5, which is vague and indefinite. Firstly, it is unclear if the second front clamp plate and the second rear clamp plate has separate second pivot points and second slots or if they share the same second pivot point and the same second slot. Secondly, due to the grammatical arrangement of the limitation, it is unclear if the second clamp plate set or the combination of the second front clamp plate and the second rear clamp plate comprises the second latch opening. Thirdly, due to the grammatical arrangement of the limitation, it is unclear if the second clamp plate set or the combination of the second front clamp plate and the second rear clamp plate comprises the second clamp jaw. Claims 11-18, 29-41, and 43-45 depend on claim 10 and are similarly rejected.
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)(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 8-18, 29-30, and 32-45 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 12,337,206 (Liu).
Regarding claim 8, Liu discloses a clamp for use with interchanging weightlifting handlebars in an adjustable weight set (safety lock assembly 3 for use with an interchangeable grip 1 in an adjustable weight mounting assembly 2 - FIG. 1, Col 5:30-35), the clamp comprising:
a first clamp plate set 31 and a second clamp plate set 32 pivotally movable relative to each other and defining an expandable opening therebetween to engage a weightlifting handlebar in a closed position (as in FIG. 7) and disengage the weightlifting handlebar in an open position (as in FIG. 6); and
a latch 33 releasably coupled to the first clamp plate set 31 and the second clamp plate 32 set to secure the weightlifting handlebar 1 in the closed position and to release the weightlifting handlebar in the open position (FIGS. 1-9).
Regarding claim 9, Liu teaches the clamp of claim 8, and further discloses wherein: the first clamp plate set 31 comprises a first front clamp plate and a first rear clamp plate (see annotated FIG. 2 below), each having a first pivot point 312 and a first slot 313 (FIG. 3, also see annotated FIG. 2 below), and a first latch opening (opening within hook 316 - FIG. 3) positioned above the first slot on an outer edge of the first clamp plate set (see annotated FIG. 2 below), a first clamp jaw positioned on an inner edge of the first clamp plate set between the first pivot point and the first slot (see annotated FIG. 2 below); and the first front clamp plate includes a first projection 315 (FIG. 3) positioned below the first clamp jaw (see annotated FIG. 2 below).
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Regarding claim 10, Liu teaches the clamp of claim 9, and further discloses wherein: the second clamp plate set 32 is positioned opposite the first clamp plate set 31, and comprises a second front clamp plate and a second rear clamp plate (see annotated FIG. 2 above), each having a second pivot point 322 and a second slot 323 (FIG. 4, also see annotated FIG. 2 above), and a second latch opening 326 (FIG. 4) positioned above the second slot (see annotated FIG. 2 above), and a second clamp jaw positioned on an inner edge of the second clamp plate set between the second pivot point and the second slot (see annotated FIG. 2 above); and the second rear clamp plate includes a second projection 325 (FIG. 4) positioned below the first clamp jaw (see annotated FIG. 2 above).
Regarding claim 11, Liu teaches the clamp of claim 10, and further discloses wherein the latch 33 is configured to engage the first latch opening 316 and the second latch opening 326 (Col 7:3-10, best shown in FIG. 8) and is operable between a latched state where the first clamp jaw and second clamp jaw are drawn inward to a clamped position (as in FIGS. 7-8; see annotated FIG. 2 above for location of clamp jaws) and a released state where the first clamp jaw and second clamp jaw are extended outward to a released position (as in FIG. 6; see annotated FIG. 2 above for location of clamp jaws).
Regarding claim 12, Liu teaches the clamp of claim 11, and further discloses wherein the first clamp jaw is pivotable about the first pivot point and the second clamp jaw is pivotable about the second pivot point to define at least a portion of the expandable opening to clamp the weightlifting handlebar in the latched state (see transition between FIGS. 6 and 7 for pivoting action of clamp jaws about pivot points; see annotated FIG. 2 above for location of clamp jaws and pivot points).
Regarding claim 13, Liu teaches the clamp of claim 11, and further discloses wherein the first projection 315 and the second projection 325 pivotally extend at least partially into the expandable opening in the released state (FIG. 6).
Regarding claim 14, Liu teaches the clamp of claim 10, and further discloses a back plate 34 spaced behind the first clamp plate set 31 and the second clamp plate 32 set by a predetermined dimension to receive an end plate 10 on the weightlifting handlebar 1 (connecting plate 10 is received between the front mounting plate 34 and the first fixing plate 31 and the second fixing plate 32, thus the front mounting plate 34 and the fixing plates 31,32 can be interpreted as receiving the connecting plate 10 - Col 6:42-51 and 7:44-59, FIGS. 2 and 6-7; note the terms “back” and “front” can be interchanged depending on frame of reference).
Regarding claim 15, Liu teaches the clamp of claim 14, and further discloses a front plate 35 having a U-shaped opening in registry with the expandable opening, disposed in front of the first clamp plate set 31 and the second clamp plate 32 (FIG. 2; note the terms “back” and “front” can be interchanged depending on frame of reference).
Regarding claim 16, Liu teaches the clamp of claim 15, and further discloses a first fastener (four bolts on mounting plate 35 can be each be interpreted as a fastener - Col 6:42-51, FIG. 2) and bushing assembly 36 extending through the first pivot point 312 (four step shaft sleeves 36 can each be interpreted as a bushing assembly - Col 5:47-57, FIGS. 2-8), and a second fastener (four bolts on mounting plate 35 can be each be interpreted as a fastener - Col 6:42-51, FIG. 2) and bushing assembly 36 extending through the first slot 313 (four step shaft sleeves 36 can each be interpreted as a bushing assembly - Col 5:57 to 6:9, FIGS. 2-8), and a third fastener (four bolts on mounting plate 35 can be each be interpreted as a fastener - Col 6:42-51, FIG. 2) and bushing assembly extending through the second pivot point 322 (four step shaft sleeves 36 can each be interpreted as a bushing assembly - Col 5:47-57, FIGS. 2-8), and a fourth fastener (four bolts on mounting plate 35 can be each be interpreted as a fastener - Col 6:42-51, FIG. 2) and bushing assembly 36 extending through the second slot 323 (four step shaft sleeves 36 can each be interpreted as a bushing assembly - Col 5:57 to 6:9, FIGS. 2-8).
Regarding claim 17, Liu teaches the clamp of claim 16, and further discloses wherein the first fastener and bushing assembly 36 and the second fastener and bushing assembly 36 are configured to secure the back plate 34, the first clamp plate set 31, the second clamp plate set 32, and the front plate set 35 together in alignment with an axis of the expandable opening (Col 6:42-51, FIG. 2).
Regarding claim 18, Liu teaches the clamp of claim 10, and further discloses wherein the latch 33 is an over-center latch and at least one of the first latch opening 316 or the second latch opening comprises a hook 316 (Col 7:7-10, FIGS. 2-8).
Regarding claim 29, Liu discloses a weightlifting handlebar assembly 1,2,3 (FIG. 1), the weightlifting handlebar assembly comprising:
the clamp 3 (FIGS. 1-9) of claim 16; and
a handlebar 1 comprising an end piece 10 having a first tab and a second tab (the grip 1 has a connecting plate 10 at each end of the grip 1 and each connecting plate 10 has a downward protruding section formed in the shape of a tab - FIG. 1), the first tab and the second tab configured to engage with the first fastener and bushing assembly 36 and the second fastener and bushing assembly 36 (tabs of connecting plates 10 are engaged between the front mounting plate 34 (which comprises the bushing assemblies (i.e., step shaft sleeves 36) that are fastened to the rear mounting plate 35 via bolts) and the first fixing plate 31 and the second fixing plate 32 - Col 6:42-51 and 7:44-59).
Regarding claim 30, Liu teaches the weightlifting handlebar assembly of claim 29, and further discloses wherein the handlebar 1 comprises at least one of a straight-bar, a curl-bar, a kettlebell handle, or a barbell handle (FIG. 1 shows a straight bar as the handlebar; FIGS. 15-16 shows a barbell handle as the handlebar).
Regarding claim 32, Liu teaches the clamp of claim 10, and further discloses wherein the latch 33 comprises a first part 331
Regarding claim 33, Liu teaches the clamp of claim 32, and further discloses wherein the latch 33 comprises: a second part 332 comprising: a second pin 334 coupling the second part to the second latch opening 326 (Col 7:3-7, FIGS. 2-8), a third pin coupled to a release lever 335 (see annotated FIG. 5 below), the release lever 335 positioned through the second part 332 and configured to engage with the first clamp plate set 31 and rotate about the third pin (FIGS. 2-8; see annotated FIG. 5 below for location of the third pin), and a joint positioned between the second pin 334 and the third pin coupling the first part 331 to the second part 332 (see annotated FIG. 5 below).
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Regarding claim 34, Liu teaches the clamp of claim 33, and further discloses wherein the second part 332 of the latch 33 comprises a tapered end (see annotated FIG. 5 above) configured to move the first part 331 a lateral distance to selectively couple and uncouple the first part 331 from the first latch opening 316 to release the clamp (as shown in FIG. 6).
Regarding claim 35, Liu teaches the clamp of claim 33, and further discloses wherein the release lever 335 comprises a tab positioned above the second part 332 (see annotated FIG. 5 above), the tab configured to release the release lever 335 from second clamp plate set 32 (when the free end of the knob 335 is pressed down, the clamping groove 337 is not in clamping connection with the clamping groove 372, thus the knob 335 is released from the fixing plate 32 as shown in FIG. 6 - Col 7:26-43).
Regarding claim 36, Liu teaches the clamp of claim 35, and further discloses wherein the release lever 335 comprises a hook 337 positioned below the second part 332 and in contact with the
Regarding claim 37, Liu teaches the clamp of claim 10, and further discloses wherein each of the first projection 315 and the second projection 325 extends across a central axis of the clamp 3, and the second projection 325 overlapping a portion of the first projection 315 (as best shown in FIG. 6).
Regarding claim 38, Liu teaches the clamp of claim 10, and further discloses wherein each of the first pivot point 312 and the second pivot point 322 are positioned on a lower half of the first front clamp plate and the second front clamp plate, respectively, when looking down a longitudinal axis of the clamp 3 (FIGS. 2-8; see annotated FIG. 2 above for location of front clamp plates).
Regarding claim 39, Liu teaches the clamp of claim 10, and further discloses wherein each of the first slot 313 and the second slot 323 are positioned on an upper half of the first front clamp plate and the second front clamp plate, respectively, when looking down a longitudinal axis of the clamp 3 (FIGS. 2-8; see annotated FIG. 2 above for location of front clamp plates).
Regarding claim 40, Liu teaches the clamp of claim 11, and further discloses wherein in the released state each of the first clamp jaw and the second clamp jaw protrudes into the expandable opening (best shown in FIG. 6; see annotated FIG. 2 above for location of clamp jaws).
Regarding claim 41, Liu teaches the clamp of claim 40, and further discloses wherein a portion of a handlebar 1 engages with each of the first clamp jaw and the second clamp jaw causing the first plate set 31 and the second plate set 32 to pivot inward towards a transverse axis of the clamp 3 (grip 1 is engaged with the fixing plates 31,32 in FIG. 8; see transition between FIGS. 6 and 7 to show pivoting action).
Regarding claim 42, Liu teaches the clamp of claim 9, and further discloses a front clamp plate cover 37 coupled to the first front clamp plate (FIG. 2; see annotated FIG. 2 above for location of the first front clamp plates).
Regarding claim 43, Liu teaches the clamp of claim 11, and further discloses wherein when clamp 3 is in the closed position and the latch 33 is in the latched state, a first distance between the first clamp plate set 31 and the second clamp plate set 32 adjacent to the latch 33 is less than a second distance between the first clamp plate set 31 and the second clamp plate set 32 adjacent to the first clamp jaw and the second clamp jaw (the distance between the hook 316 of the first clamp plate set 31 and the mounting hole 326 of the second clamp plate set 32 is less than the distance between the clamp jaws, i.e., the diameter of the expandable opening surrounding the grip 1 - see latched state in FIG. 8; see annotated FIG. 2 above for location of the clamp jaws).
Regarding claim 44, Liu teaches the clamp of claim 43, and further discloses wherein: when clamp 3 is in a released state where the first clamp jaw and second clamp jaw are extended outward to a released position, the first distance between the first clamp plate set 31 and the second clamp plate 32 set adjacent to the latch 33 is greater than the second distance between the first clamp plate set 31 and the second clamp plate set 32 adjacent to the first clamp jaw and the second clamp jaw (the distance between the hook 316 of the first clamp plate set 31 and the mounting hole 326 of the second clamp plate set 32 is greater than the distance between the clamp jaws, i.e., the diameter of the expandable opening surrounding the grip 1 - see released state in FIG. 6; see annotated FIG. 2 above for location of the clamp jaws); and when the clamp 3 is in the closed position and the latch 33 is in the latched state, a first distance between the first clamp plate set 31 and the second clamp plate set 32 adjacent to the latch 33 is less than a second distance between the first clamp plate set 31 and the second clamp plate set 32 adjacent to the first clamp jaw and the second clamp jaw (the distance between the hook 316 of the first clamp plate set 31 and the mounting hole 326 of the second clamp plate set 32 is less than the distance between the clamp jaws, i.e., the diameter of the expandable opening surrounding the grip 1 - see latched state in FIG. 8; see annotated FIG. 2 above for location of the clamp jaws).
Regarding claim 45, Liu teaches the clamp of claim 44, and further discloses wherein the first clamp plate set 31 pivots counterclockwise to the released state and the second clamp plate set 32 pivots clockwise to the released state (see transition between the latched state in FIG. 7 to the released state in FIG. 6).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of US 2024/0226642 (Liu, hereinafter” Liu’642”).
Regarding claim 31, Liu teaches the weightlifting handlebar assembly of claim 29, and further discloses a weight housing 2, the weight housing 2 coupled to each of the first clamp plate set 31 and the second clamp plate set 32 (FIGS. 1-2); and a weight button positioned on the weight housing 2 (see annotated FIG. 1 below).
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However, Liu does not explicitly disclose the weight button is configured to selectively couple one or more weight plates to the handlebar.
Liu’642 teaches an analogous weightlifting handlebar assembly (abstract, FIGS. 1-2 and 9) comprising a weight button 133 (FIG. 9) configured to selectively couple one or more weight plates 12 to a handlebar 11 (when an end of the adjusting block 133 is pressed and the adjusting block 133 presses the first spring 132 tightly, the adjusting block 133 relieves clamping connection with the limiting groove 151 to allow for weight adjustment - para 0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu’s invention with the weight button as taught by Liu’642 in order to provide a weight adjustment mechanism that doesn’t require carrying of the weight plates thus reducing the effort required by the user to change the weights.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA S LEE whose telephone number is (571)270-1661. The examiner can normally be reached Monday-Friday 11am-7pm Eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/Joshua Lee/Primary Examiner, Art Unit 3784