DETAILED ACTION
This Office action is a reply to the amendment filed on 4/7/2026. Currently, claims 21-30 and 32-39 are pending. Claim 31 has been cancelled. No claims have been withdrawn. No new claims have been added.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 21-22, 26, 28-30, 32-35 and 37-38 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Holworthy (US 1104505) in view of Talucci (US 5667267) in view of Pullen (US 6220463) and further in view of “Wall-Mounted Bumper Plate Storage” (https://www.youtube.com/watch?v=CCKB89vkLak) by AussieKettlebells (published 5/22/2012) (‘AussieKettlebells’).
Claim 21, Holworthy teaches a functional training rig kit comprising a box (note that a box was treated as the room in a building in which the functional training rig is installed or another room in the building in which the functional training rig is installed page 1, lines 8-13; page 2, lines 30-35; Fig. 1) and a plurality of components (components shown in Fig. 1) adapted to fit within the box (it is understood that the components are adapted to fit within the room in which it is installed or disassembled and stored within another room; Fig. 1), wherein at least one of the plurality of components is attachable to the box to provide at least one functional training rig attached to the box (one of the components shown in Fig. 1), wherein the functional training rig is adapted to be supported by the box (the room, especially the wall and the floor support the functional training rig; Fig. 1), wherein the functional training rig comprises a plurality of horizontal components of said plurality of components (horizontal components comprising two of each E, E1), wherein said plurality of horizontal components are securable relative to the box such that said plurality of horizontal components extend normal to a vertical outside wall of the box (Fig. 1), wherein each of the horizontal components is connectable with one of a plurality of respective vertical components (vertical components comprising two of each C, C5) such that each of the vertical components is horizontally spaced from the box (in the situation where the functional training rig is stored in a different room, the functional training rig is brought to the room in which it is to be installed, and installed against the wall of the room in which it was stored; Fig. 1), and wherein the vertical outside wall of the box is a vertical outside wall of the box when the functional training rig is deployed (the wall shown in Fig. 1 is a vertical outside wall of the adjacent room), wherein a first one of the plurality of horizontal components of the functional training rig is assemblable on the box by a first mounting assembly comprising a first vertically extending member (fist E3; Fig. 1; or alternatively first C in Fig. 8), the first mounting assembly being attachable to the box and the first vertically extending member being for supporting the first horizontal component (Fig. 1), and wherein a second one of the plurality of horizontal components of the functional training rig is assemblable on the box by a second mounting assembly comprising a second vertically extending member (second E3; Fig. 1; or alternatively second C; Fig. 8), the second mounting assembly being attachable to the box and the second vertically extending member being for supporting the second horizontal component (Fig. 1).
Holworthy does not teach gym equipment comprising one or more weightlifting bars and one or more weight plates, the box being a transportable box for storing the gym equipment, and the gym equipment and the plurality of components of the at least one functional training rig being stored on storage racks within the transportable box for transportation, each of the storage racks comprising a plurality of support brackets mounted on two opposite internal walls of the transportable box.
However, Talucci teaches functional training rig kit comprising a transportable box (10; see annotated Fig. 1 of Talucci shown below in Examiner’s Notes; note that the trailer comprises six walls, is substantially rectangular cuboidal shaped and is transportable, thus meets the limitation of a transportable box, as exceedingly broadly claimed) and a plurality of exercise components adapted to fit within the box (col. 2, lines 3-4 and 55-59). Talucci further teaches a doorway 29 that is suitable to have a functional training rig attached thereto (Fig. 4). Holworthy does not reasonably convey that the box being a room in the “house” (Holworthy page 1, lines 10-11) is necessary to the functioning of the functional training rig. In other words, the functional training rig of Holworthy is not limited to being installed on the wall of the house of Holworthy and could be installed, for example in a doorway of another structure without departing from the nature and scope of the invention. The examiner takes the position that the functional training rig of Holworthy could be installed using the doorway of Talucci, either on an interior side of the doorway or an exterior side of the doorway. Further, the components of the functional training rig could be stored inside the box of Talucci, as Talucci depicts various exercise components located in the box (Talucci Fig. 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try using a box that is a transportable box to allow the functional training rig to be attached thereto and stored within the transportable box, with the reasonable expectation of success of exercising at a location that is remote from a user’s house or residence to provide convenient access to physical exercise for busy individuals.
Pullen teaches a transportable box (storage unit 16 of truck 14; col. 3, lines 25-46; Fig. 1) for storing contents on storage racks (30, 40, 50) during transportation (col. 3, lines 25-46; Fig. 1), each of the storage racks comprising a plurality of support brackets (30 and/or 40), wherein the storage racks are mounted to two opposite internal walls of the transportable box (left and right walls of 16; Fig. 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the functional training rig kit of Talucci to comprise storage racks, such that said plurality of components of the at least one functional training rig are stored on storage racks within the transportable box for transportation, each of the storage racks comprising a plurality of support brackets, wherein the storage racks are mounted on two opposite internal walls of the transportable box, with the reasonable expectation of success of storing the plurality of components of the at least one functional training rig for transportation using known means comprising storage racks.
AussieKettlebells teaches a fitness room comprising gym equipment comprising one or more weightlifting bars (see annotated screenshot at 1:08 of AussieKettlebells shown below in Examiner’s Notes) and one or more weight plates (annotated screenshot of AussieKettlebells), the gym equipment being stored on storage racks (see annotated screenshot of AussieKettlebells). Weights and weightlifting bars are known equipment commonly used in fitness rooms or gyms. Such equipment being stored on wall-mounted racks is known in the art to be used in fitness room or gym settings. Such racks provide the advantage of being used alongside regular shelving to offer superior organization, safety, and equipment protection. Specialized racks prevent injury risks, allow faster weight changes, and protect floors. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the functional training rig kit of Holworthy by incorporating gym equipment comprising one or more weightlifting bars and one or more weight plates, such that the transportable box is suitable to store the gym equipment on storage racks mounted on opposite internal walls with a plurality of support brackets for transportation, with the reasonable expectation of success of enhancing safety and accessibility of weights and weightlifting bars, to protect the equipment and flooring, especially during transportation to prevent equipment from shifting or moving.
Claim 22, as modified above, the combination of Holworthy, Talucci, Pullen and AussieKettlebells teaches all the limitations of claim 21, and further teaches wherein the functional training rig further comprises a horizontal member (Holworthy D) extending parallel to the vertical outside wall between the first and second mounting assemblies (Holworthy Fig. 1).
Claim 26, as modified above, the combination of Holworthy, Talucci, Pullen and AussieKettlebells and AussieKettlebells teaches all the limitations of claim 21, and further teaches wherein said at least one bar extending parallel to the vertical outside wall of the transportable box comprises two bars adapted to be vertically spaced from each other (Holworthy D and K or alternatively D and A; Fig. 1).
Claim 28, as modified above, the combination of Holworthy, Talucci, Pullen and AussieKettlebells teaches all the limitations of claim 21, and further teaches wherein at least one of said plurality of horizontal components is securable to the vertical outside wall of the transportable box (Holworthy first and second E1; Fig. 1).
Claim 29, as modified above, the combination of Holworthy, Talucci, Pullen and AussieKettlebells teaches all the limitations of claim 21, and further teaches wherein the at least one functional training rig is attachable to an outside of the transportable box in such a way that vertical and/or horizontal movement between the functional training rig and the transportable box is permitted (Holworthy “devices for permitting and resiliently-resisting movement of the exercising bar” page 1, lines 19-22; page 2, lines 38-54).
Claim 30, as modified above, the combination of Holworthy, Talucci, Pullen and AussieKettlebells teaches all the limitations of claim 21, and further teaches wherein the at least one functional training rig is secured to the transportable box by way of threaded fasteners or other fasteners (Holworthy E3 or fasteners extending into X1; Figs. 1-2).
Claim 32, as modified above, the combination of Holworthy, Talucci and Pullen teaches all the limitations of claim 21, and further teaches wherein accessories and attachments for the at least one functional training rig are stored within the transportable box (Talucci col. 1, lines 30-35; Holworthy such as H, H1; Fig. 1).
Claim 33, as modified above, the combination of Holworthy, Talucci and Pullen teaches all the limitations of claim 21, and further teaches wherein the functional training rig attached to the transportable box is assemblable from the functional training rig kit, and wherein the functional training rig following such assembly is adapted to be dismantled and stored in the transportable box for transportation (Holworthy page 1, lines 8-13; page 2, lines 30-35; Fig. 1).
Claim 34, as modified above, the combination of Holworthy, Talucci and Pullen teaches all the limitations of claim 21, and further teaches wherein the functional training rig comprises at least one bar (Holworthy D) extending parallel to the vertical outside wall of the transportable box and adapted to horizontally interconnect a first one of said vertical components with a second one of said vertical components (Holworthy Fig. 1).
Claim 35, Holworthy teaches a functional training rig (functional training rig shown in Fig. 1) secured to a box (note that a box was treated as the room in a building in which the functional training rig is installed or another room in the building in which the functional training rig is installed page 1, lines 8-13; page 2, lines 30-35; Fig. 1), the box being configured to store gym equipment comprising one or more weightlifting bars and one or more weight plates (note that the gym equipment comprising one or more weightlifting bars and one or more weight plates is not positively recited and thus not required, but that Howorthy’s box—room—is nonetheless suitable to store such gym equipment comprising one or more weightlifting bars and one or more weight plates) the functional training rig comprising a plurality of components (components shown in Fig. 1) adapted to fit within the box (it is understood that the components are adapted to fit within the room in which it is installed or disassembled and stored within another room; Fig. 1), wherein at least one of the plurality of components is attached to the box such that a portion of the functional training rig is attached to the box (attached at first and second E3; Fig. 1), wherein the functional training rig is supported by the box (Fig. 1), wherein the functional training rig comprises a plurality of horizontal components of said plurality of components (two of each E, E1), wherein said plurality of horizontal components are secured relative to the box (Fig. 1), wherein each of the horizontal components extends normal to a vertical outside wall of the box (Fig. 1) and connects to one of a plurality of respective vertical components of said plurality of components (two of C), each of the vertical components being horizontally spaced from the box (Fig. 1), and wherein the vertical outside wall of the box is a vertical outside wall of the box when the functional training rig is deployed (in the situation where the functional training rig is located in a room other than the room in which it was stored; Fig. 1), wherein a first one of the plurality of horizontal components of the functional training rig is assembled on the box by a first mounting assembly comprising a first vertically extending member (first E3; Fig. 1), the first mounting assembly being attached to the box and the first vertically extending member supporting the first horizontal component (Fig. 1), and wherein a second one of the plurality of horizontal components of the functional training rig is assembled on the box by a second mounting assembly comprising a second vertically extending member (second E3; Fig. 1), the second mounting assembly being attached to the box and the second vertically extending member supporting the second horizontal component (Fig. 1).
Holworthy does not teach the box being a transportable box, the transportable box being configured to store gym equipment comprising one or more weightlifting bars and one or more weight plates, and the gym equipment and the plurality of components of the at least one functional training rig being stored on storage racks within the transportable box for transportation, each of the storage racks comprising a plurality of support brackets mounted on two opposite internal walls of the transportable box.
However, Talucci teaches a portable functional training center (“Mobile Fitness Center” title; col. 1, lines 30-40; Fig. 1) comprising a transportable box (10; see annotated Fig. 1 of Talucci shown below in Examiner’s Notes; note that the trailer comprises six walls, is substantially rectangular cuboidal shaped and is transportable, thus meets the limitation of a transportable box, as exceedingly broadly claimed) configured to store gym equipment comprising one or more weightlifting bars and one or more weight plates (it is understood that Talucci’s transportable box is suitable to store such gym equipment), and a plurality of components adapted to fit within the transportable box (one or more pieces of training equipment; col. 1, lines 30-35). Talucci further teaches a doorway 29 that is suitable to have a functional training rig attached thereto (Fig. 4). Holworthy does not reasonably convey that the transportable box being a room in the “house” (Holworthy page 1, lines 10-11) is necessary to the functioning of the functional training rig. In other words, the functional training rig of Holworthy is not limited to being installed on the wall of the house of Holworthy and could be installed, for example in a doorway of another structure without departing from the nature and scope of the invention. The examiner takes the position that the functional training rig of Holworthy could be installed using the doorway of Talucci, either on an interior side of the doorway or an exterior side of the doorway. Further, the components of the functional training rig could be stored inside the transportable box of Talucci, as Talucci depicts various exercise components located in the transportable box (Talucci Fig. 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try using a box that is a transportable box to allow the functional training rig to be attached thereto and stored within the transportable box, with the reasonable expectation of success of exercising at a location that is remote from a user’s house or residence to provide convenient access to physical exercise for busy individuals.
Pullen teaches a transportable box (storage unit 16 of truck 14; col. 3, lines 25-46; Fig. 1), configured to store gym equipment comprising one or more weightlifting bars and one or more weight plate (it is understood that Pullen’s storage unit of the truck is suitable to store such gym equipment) for storing contents on storage racks (30, 40, 50) during transportation (col. 3, lines 25-46; Fig. 1), each of the storage racks comprising a plurality of support brackets (30 and/or 40), wherein the storage racks are mounted to two opposite internal walls of the transportable box (left and right walls of 16; Fig. 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the functional training rig kit of Talucci to comprise storage racks, such that the gym equipment and said plurality of components of the at least one functional training rig are stored on storage racks within the transportable box for transportation, each of the storage racks comprising a plurality of support brackets, wherein the storage racks are mounted on two opposite internal walls of the transportable box, with the reasonable expectation of success of storing the plurality of components of the at least one functional training rig for transportation using known means comprising storage racks.
In the event that applicant disagrees that the transportable box of the combination of Holworthy, Talucci and Pullen is configured to store gym equipment comprising one or more weightlifting bars and one or more plates, such that the gym equipment is stored on racks as claimed, the examiner takes the position that such specialty storage racks are known in the art and incorporating them would have been well within the level of ordinary skill. AussieKettlebells teaches a fitness room comprising gym equipment comprising one or more weightlifting bars (see annotated screenshot at 1:08 of AussieKettlebells shown below in Examiner’s Notes) and one or more weight plates (annotated screenshot of AussieKettlebells), the gym equipment being stored on storage racks (see annotated screenshot of AussieKettlebells). Weights and weightlifting bars are known equipment commonly used in fitness rooms or gyms. Such equipment being stored on wall-mounted racks is known in the art to be used in fitness room or gym settings. Such racks provide the advantage of being used alongside regular shelving to offer superior organization, safety, and equipment protection. Specialized racks prevent injury risks, allow faster weight changes, and protect floors. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the functional training rig kit of Holworthy by incorporating gym equipment comprising one or more weightlifting bars and one or more weight plates, such that the transportable box is suitable to store the gym equipment on storage racks mounted on opposite internal walls with a plurality of support brackets for transportation, with the reasonable expectation of success of enhancing safety and accessibility of weights and weightlifting bars, to protect the equipment and flooring, especially during transportation to prevent equipment from shifting or moving.
Claim 37, as modified above, the combination of Holworthy, Talucci, Pullen and AussieKettlebells teaches all the limitations of claim 35, and further teaches wherein the functional training rig having a portion attached to the transportable box is adapted to be dismantled and stored in the transportable box for transportation (Holworthy page 1, lines 8-13; page 1, lines 20-30; page 2, lines 30-35).
Claim 38, as modified above, the combination of Holworthy, Talucci, Pullen and AussieKettlebells teaches all the limitations of claim 35, and further teaches wherein the functional training rig comprises at least one bar (Holworthy D) extending parallel to the vertical outside wall of the transportable box and horizontally interconnecting a first one of said vertical components with a second one of said vertical components (Holworthy Fig. 1).
Claims 23-25, 27 and 36 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Holworthy (US 1104505) in view of Talucci (US 5667267) in view of Pullen (US 6220463) and “Wall-Mounted Bumper Plate Storage” (https://www.youtube.com/watch?v=CCKB89vkLak) by AussieKettlebells (published 5/22/2012) (‘AussieKettlebells’) and further in view of Blickman (US 3614097).
Claims 23-25, Holworthy, Talucci, Pullen and AussieKettlebells teach all the limitations of claim 21 as above. Holworthy does not teach [claim 23] wherein the functional training rig comprises a plurality of cantilever components, a first one of the cantilever components being supportable by a first one of said vertical components, and a second of the plurality of cantilever components being supportable by a second one of said vertical components, and at least one horizontal bar adapted to be interconnectable between the first and second cantilever components, [claim 24] at least one of the plurality of components adapted to extend between at least one of the cantilever components and a respective one of the vertical components, and [claim 25] wherein the component is an inclined component adapted to extend in an inclined manner between said at least one of the cantilever components and said respective one of the vertical components. However, Blickman teaches a functional training rig comprising a plurality of cantilever components (first 142 and second 142; Fig. 11), a first one of the cantilever components being supportable by a first one of a plurality of vertical components (first 131 of a plurality of 131; Fig. 11), and a second of the plurality of cantilever components being supportable by a second one of said vertical components (Second 131; Fig. 11), and at least one horizontal bar 143 adapted to be interconnectable between the first and second cantilever components (Fig. 11), at least one of the plurality of components 147 adapted to extend between at least one of the cantilever components and a respective one of the vertical components (Fig. 11), and wherein the component is an inclined component adapted to extend in an inclined manner between said at least one of the cantilever components and said respective one of the vertical components (147 is an inclined component; Fig. 11). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating a plurality of cantilever components, a first one of the cantilever components being supportable by a first one of said vertical components, and a second of the plurality of cantilever components being supportable by a second one of said vertical components, and at least one horizontal bar adapted to be interconnectable between the first and second cantilever components, at least one of the plurality of components adapted to extend between at least one of the cantilever components and a respective one of the vertical components, and wherein the component is an inclined component adapted to extend in an inclined manner between said at least one of the cantilever components and said respective one of the vertical components, with the reasonable expectation of success of increasing the variety of exercises that can be performed by a user.
Claim 27, Holworthy, Talucci, Pullen and AussieKettlebells teach all the limitations of claim 21 as above. Holworthy does not teach wherein a third one of said horizontal components is adapted to be vertically spaced from said first one of said horizontal components and to extend from the first vertically extending member in a direction away from the box, and wherein a fourth one of said horizontal components is adapted to be vertically spaced from said second one of said horizontal components and to extend from the second vertically extending member in a direction away from the box. However, Blickman teaches a functional training rig wherein a horizontal component (first 142; Fig. 11) is adapted to be vertically spaced from other horizontal components and to extend from a first vertically extending member (first 131; Fig. 11) in a direction away from a box (outwardly; Fig. 11), and wherein a fourth one of said horizontal components (second 142; Fig. 11) is adapted to be vertically spaced from other horizontal components and to extend from a second vertically extending member (second 131; Fig. 11) in a direction away from the box (outwardly; Fig. 11). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try forming the functional training rig such that a third one of said horizontal components is adapted to be vertically spaced from said first one of said horizontal components and to extend from the first vertically extending member in a direction away from the box, and wherein a fourth one of said horizontal components is adapted to be vertically spaced from said second one of said horizontal components and to extend from the second vertically extending member in a direction away from the box, with the reasonable expectation of success of increasing the variety of exercises that can be performed by a user.
Claim 36, Holworthy, Talucci, Pullen and AussieKettlebells teach all the limitations of claim 35 as above. Holworthy does not teach wherein the functional training rig comprises a plurality of cantilever components, a first one of the cantilever components being supported by a first one of said vertical components, and a second of the plurality of cantilever components being supported by a second one of said vertical components, and at least one horizontal bar interconnecting the first and second cantilever components. However, Blickman teaches a functional training rig comprising a plurality of cantilever components (first 142 and second 142; Fig. 11), a first one of the cantilever components being supported by a first one of a plurality of vertical components (first 131 of a plurality of 131; Fig. 11), and a second of the plurality of cantilever components being supported by a second one of said vertical components (second 131; Fig. 11), and at least one horizontal bar 143 interconnecting the first and second cantilever components (Fig. 11). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating a plurality of cantilever components, a first one of the cantilever components being supported by a first one of said vertical components, with the reasonable expectation of success of increasing the variety of exercises that can be performed by a user.
Claim 39 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Holworthy (US 1104505) in view of Rexach (US 5725459) and in view of Talucci (US 5667267) in view of Pullen (US 6220463) and “Wall-Mounted Bumper Plate Storage” (https://www.youtube.com/watch?v=CCKB89vkLak) by AussieKettlebells (published 5/22/2012) (‘AussieKettlebells’).
Claim 39, Holworthy teaches a functional training rig kit comprising a box (note that a box was treated as the room in a building in which the functional training rig is installed or another room in the building of house in which the functional training rig is installed page 1, lines 8-13; page 2, lines 30-35; Fig. 1) and a plurality of components adapted to fit within the box (components shown in Fig. 1; it is understood that the components are adapted to fit within the room in which it is installed or disassembled and stored within another room; Fig. 1), wherein at least one of the plurality of components is attachable to the box to provide at least one functional training rig attached to the box (Fig. 1), wherein the functional training rig is adapted to be supported by the box (Fig. 1), wherein the functional training rig comprises a plurality of horizontal components of said plurality of components (two of each E, E1; Fig. 1), wherein said plurality of horizontal components are securable relative to the box such that said plurality of horizontal components extend normal to a vertical outside wall of the box (Fig. 1), wherein each of the horizontal components is connectable with one of a plurality of respective vertical components such that each of the vertical components is horizontally spaced from the box (in the situation where the functional training rig is stored in a different room, the functional training rig is brought to the room in which it is to be installed, and installed against the wall of the room in which it was stored; Fig. 1), wherein the vertical outside wall of the box is a vertical outside wall of the box when the functional training rig is deployed (Fig. 1), wherein at least one of the horizontal components of the at least one functional training rig which extend normal to the vertical outside wall of the box is assemblable on the box by way of a mounting assembly (first and second E3 and/or first and second E2; Figs. 1-2; or alternatively C in Fig. 8) attachable to the box and comprising a vertically extending member (the mounting assembly comprises a vertically extending member E3 for attaching each of the horizontal components E1; Fig. 1; or alternatively C in Fig. 8) for supporting the at least one horizontal component (Fig. 1).
Holworthy does not teach gym equipment comprising one or more weightlifting bars and one or more weight plates, wherein two of said horizontal components are adapted to be vertically spaced from each other and to extend from the vertically extending member of the functional training rig in a direction away from the vertical outside wall of the box so as to be connectable with a said one of the plurality of respective vertical components, wherein the box is a transportable box for storing the gym equipment, and the gym equipment and the plurality of components of the at least one functional training rig being stored on storage racks within the box for transportation, each of the storage racks comprising a plurality of support brackets, wherein the storage racks are mounted on two opposite internal walls of the transportable box.
However, Rexach teaches a functional training rig wherein two horizontal components (21, 27; Fig. 1) are adapted to be vertically spaced from each other (21 is vertically spaced from 27) and to extend from a vertically extending member 9A of the functional training rig in a direction away from a vertical outside wall (Fig. 1) so as to be connectable with a said one of the plurality of respective vertical components 19. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try forming two of said horizontal components being adapted to be vertically spaced from each other and to extend from the vertically extending member of the functional training rig in a direction away from the vertical outside wall of the box so as to be connectable with a said one of the plurality of respective vertical components, with the reasonable expectation of success of being able to support more weight and/or a weight lifting stack.
However, Talucci teaches functional training rig kit comprising a transportable box (10; see annotated Fig. 1 of Talucci shown below in Examiner’s Notes; note that the trailer comprises six walls, is substantially rectangular cuboidal shaped and is transportable, thus meets the limitation of a transportable box, as exceedingly broadly claimed) and a plurality of components adapted to fit within the box (col. 2, lines 3-4 and 55-59) for storing gym equipment (Talucci’s box is suitable to store gym equipment including one or more weightlifting bars and one or more weight plates). Talucci further teaches a doorway 29 that is suitable to have a functional training rig attached thereto (Fig. 4). Holworthy does not reasonably convey that the box being a room in the “house” (Holworthy page 1, lines 10-11) is necessary to the functioning of the functional training rig. In other words, the functional training rig of Holworthy is not limited to being installed on the wall of the house of Holworthy and could be installed, for example in a doorway of another structure without departing from the nature and scope of the invention. The examiner takes the position that the functional training rig of Holworthy could be installed using the doorway of Talucci, either on an interior side of the doorway or an exterior side of the doorway. Further, the gym equipment and components of the functional training rig could be stored inside the box of Talucci, as Talucci depicts various exercise components located in the box (Talucci Fig. 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try using a box that is a transportable box to allow the functional training rig to be attached thereto and stored within the transportable box, with the reasonable expectation of success of exercising at a location that is remote from a user’s house or residence to provide convenient access to physical exercise for busy individuals.
Pullen teaches a transportable box (storage unit 16 of truck 14; col. 3, lines 25-46; Fig. 1) for storing contents on storage racks (30, 40, 50) during transportation (col. 3, lines 25-46; Fig. 1), for storing gym equipment (Talucci’s box is suitable to store gym equipment including one or more weightlifting bars and one or more weight plates), each of the storage racks comprising a plurality of support brackets (30 and/or 40), wherein the storage racks are mounted to two opposite internal walls of the transportable box (left and right walls of 16; Fig. 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the functional training rig kit of Talucci to comprise storage racks, such that said plurality of components of the at least one functional training rig are stored on storage racks within the transportable box for transportation, each of the storage racks comprising a plurality of support brackets, wherein the storage racks are mounted on two opposite internal walls of the transportable box, with the reasonable expectation of success of storing the plurality of components of the at least one functional training rig for transportation using known means comprising storage racks.
AussieKettlebells teaches a fitness room comprising gym equipment comprising one or more weightlifting bars (see annotated screenshot at 1:08 of AussieKettlebells shown below in Examiner’s Notes) and one or more weight plates (annotated screenshot of AussieKettlebells), the gym equipment being stored on storage racks (see annotated screenshot of AussieKettlebells). Weights and weightlifting bars are known equipment commonly used in fitness rooms or gyms. Such equipment being stored on wall-mounted racks is known in the art to be used in fitness room or gym settings. Such racks provide the advantage of being used alongside regular shelving to offer superior organization, safety, and equipment protection. Specialized racks prevent injury risks, allow faster weight changes, and protect floors. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the functional training rig kit of Holworthy by incorporating gym equipment comprising one or more weightlifting bars and one or more weight plates, such that the transportable box is suitable to store the gym equipment on storage racks mounted on opposite internal walls with a plurality of support brackets for transportation, with the reasonable expectation of success of enhancing safety and accessibility of weights and weightlifting bars, to protect the equipment and flooring, especially during transportation to prevent equipment from shifting or moving.
Examiner’s Notes
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430
528
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Annotated Fig. 1 of Talucci (US 5667267)
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1108
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Annotated Screenshot at 1:08 of AussieKettlebells
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-30 and 32-39 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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 JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635
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