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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 for application CN202111648181.5 filed 12/30/2021. Furthermore, acknowledgement is made to the instant application’s status as a 371 of PCT/CN2022/112702 filed on 08/16/2022. As such, the earliest date of priority of 12/30/2021 is granted to the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/31/2024 has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “guy wire” of claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Furthermore, the drawings are objected to because reference number 52 and reference number 51 appear to be pointing to the same structure in figure 3. Furthermore while the specification states that reference number 52 is “two bearings” only one structure is depicted in the figures of the instant application. Both bearings must be shown as they are both claimed in dependent claim 5.
In addition, the drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 14-bottom plate; 141-fixing part; 15-screw; 16-transverse plate; 17-vertical plate; 18-lower transverse plate; 19-screw; and 20-guy wire.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 6 is objected to because of the following informalities:
On line 4, “in a shape of
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”” should be –in a shape of an upside down T—in order to conform to U.S. standards.
On lines 5 and 7, each instance of “in the shape of
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”” should be –in the shape of an upside down T—in order to conform to U.S. standards.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liaolai CN 2705194 Y and further in view of Yin CN 2486177 Y.
Regarding claim 1:
Liaolai teaches a resistance regulation braking device, comprising a frame (mounting base 5), and a rotary mandrel assembly (transmission wheel 72 which as depicted includes a rotating shaft) wherein a stationary shaft (pin 57 on which resistance wheel 71 which is magnetically controlled is mounted) is arranged on the frame and is arranged parallel to a mandrel in the rotary mandrel assembly (See figure 4), a rotary sleeve (resistance wheel 71) is mounted at an upper end of the stationary shaft (See figure 4); a driving member (drive mechanism 7 which comprises resistance wheel 71, transmission wheel 72, guide wheel 73, transmission belt 74, and pull rope 75. The examiner notes that as depicted in the figures of the instant application, namely figure 1, and as discussed in paragraph [0026] of the instant application’s specification the driving member is not a single structure mounted between the rotary sleeve and the mandrel, but it is an assembly comprising “first flywheel 61 and a conveyor belt 62; the first flywheel 61 is fixedly mounted at an upper end of the mandrel 31 and is in driving connection to the second flywheel 51 in the rotary sleeve 5 through the conveyor belt 62. The conveyor belt 62 is a belt.” Therefore the drive mechanism 7 is a driving member.) is arranged between the rotary sleeve and the mandrel (See figure 5) ; when the mandrel rotates, the driving member is configured to drive the rotary sleeve to rotate around the stationary shaft (“At this time, the transmission wheel 72 drives the resistance wheel 71 to rotate in the same direction through the transmission belt 74, so that it is subjected to resistance during the rotation process.” See page 4 of the translated document).
[AltContent: textbox (utility model structure schematic perspective view)]
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[AltContent: textbox (utility model driving mechanism and returning mechanism coupled relation diagram)]
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Liaolai fails to teach a wire grip, the wire grip and the rotary mandrel assembly being mounted on the frame, a rotary sleeve is mounted at an upper end of the stationary shaft; an elastic slider is arranged on a shaft body of the stationary shaft, and the elastic slider is located below the rotary sleeve; a lower magnetic part is arranged on the elastic slider; an upper magnetic part arranged opposite to the lower magnetic part is arranged on the rotary sleeve; when pulled by the wire grip, the elastic slider is configured to drive the lower magnetic part to move downwards, and an elastic body in the elastic slider is compressed; and a limiting barrier is arranged on the stationary shaft and is located between the rotary sleeve and the elastic slider. The examiner notes that Liaolai does teach that the rotary mandrel assembly is mounted on the frame (See figure 3), but that the wire grip is specifically not taught.
Yin, however, teaches a fan wheel damping system of a fitness device belongs to fitness equipment parts, and comprises a fan wheel, a magnetic damper and a regulator (See translated abstract) and further teaches a wire grip (Steel cable tension adjuster 3), the wire grip and the rotary mandrel assembly being mounted on the frame (“As shown in Fig. 1, embodiment 1 is composed of a fan wheel 1, a steel cable tension adjuster 3 and a magnetic damper mounted on a fitness machine frame 2.” See page 2 of the translated description); an elastic slider (return spring 5) is arranged on a shaft body of the stationary shaft (See figure 1), and the elastic slider is located below the rotary sleeve (See figure 1); a lower magnetic part (round iron plate 6 which holds permanent magnet 7) is arranged on the elastic slider (See figure 1); an upper magnetic part (iron plate 4) arranged opposite to the lower magnetic part is arranged on the rotary sleeve (See figure 1); when pulled by the wire grip, the elastic slider is configured to drive the lower magnetic part to move downwards, and an elastic body in the elastic slider is compressed (“By adjusting the tension of the steel cable with the cable tension adjuster, the gap between the permanent magnet and the round iron plate fixed on the fan wheel can be adjusted, that is, the magnetic field strength and the size of the magnetic damping force in the gap can be adjusted.” See page 1 of the translated document); and a limiting barrier (round thin aluminum plate 9) is arranged on the stationary shaft and is located between the rotary sleeve and the elastic slider (See figure 1).
[AltContent: textbox (the embodiment 1 the exercise machine on the frame 2 of the fan wheel 1, steel cable slack adjuster 3 and magnetic damper is installed. magnetic damper composed of circular iron plate 4, a circular thin aluminum plate 9, a return spring 5, a circular plate 6, a permanent magnet 7 and cable 8)]
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It would have been obvious to a person of ordinary skill in the art to modify the resistance system of Liaolai to use a wire grip and magnetic resistance assembly on the stationary shaft including upper and lower magnetic parts with an elastic slider which when pulled by a wire from the wire grip adjusts the distance and thereby the strength of the resistance as taught by Yin, as this allows for more precise resistance adjustments and would allow the user to have more control over the forces they act against while exercising.
Regarding claim 2:
Liaolai as modified by Yin teaches the resistance regulation braking device according to claim 1, wherein the upper magnetic part is an annular plate (iron plate 4 as discussed above in claim 1) and the annular plate is a magnetic metal plate (“The round iron plate has a high magnetic permeability and generates magnetic resistance during relative motion after being magnetized by the permanent magnet.” See page 1 of the translated description), and the lower magnetic part is an annular mounting plate (round iron plate 6 as discussed above in claim 1) and the annular mounting plate is made of a magnet (“another round iron plate mounted on the shaft of the fan wheel and able to slide along it, a permanent magnet fixed on the inner periphery of the other round iron plate, and a steel cable fixed at one end to the outer side of the other round iron plate and the other end mounted on the cable tension adjuster.” See page 1 of the translated description); or the upper magnetic part is the annular plate and the annular plate is made of the magnet, and the lower magnetic part is the annular mounting plate and the annular mounting plate is the magnetic metal plate (The examiner notes that swapping the upper magnetic part and the lower magnetic part already taught by the invention of Yin, which teaches the previously claimed arrangement above, amounts to no more of an arrangement of parts which is not a patentably distinct invention. Furthermore, the examiner notes that the inclusion of the phrase “or” in a list of limitations requires that only one of the options are necessary for the invention.); or the upper magnetic part is the annular plate and the annular plate is made of the magnet, and the lower magnetic part is the annular mounting plate and the annular mounting plate is made of the magnet (The examiner notes that swapping the upper magnetic part and the lower magnetic part already taught by the invention of Yin, which teaches the previously claimed arrangement above, amounts to no more of an arrangement of parts which is not a patentably distinct invention. Furthermore, the examiner notes that the inclusion of the phrase “or” in a list of limitations requires that only one of the options are necessary for the invention.).
Regarding claim 3:
Liaolai as modified teaches the resistance regulation braking device according to claim 2, but fails to teach wherein a non-magnetic metal plate is mounted on a lower end surface of the annular plate, or the non-magnetic metal plate is mounted on an upper end surface of the annular mounting plate.
Yin, however teaches and further teaches wherein a non-magnetic metal plate (round thin aluminum plate 9) is mounted on a lower end surface of the annular plate (see figure 1), or the non-magnetic metal plate is mounted on an upper end surface of the annular mounting plate (The examiner notes that swapping the upper magnetic part and the lower magnetic part already taught by the invention of Yin, which teaches the previously claimed arrangement above, amounts to no more of an arrangement of parts which is not a patentably distinct invention. Furthermore, the examiner notes that the inclusion of the phrase “or” in a list of limitations requires that only one of the options are necessary for the invention.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the resistance system of Liaolai to have a non-magnetic plate as taught by Yin in order to better control the resistive force of the magnetic plates as aluminum is non-magnetic and the position of the magnets would need to be more precise in order to generate resistance through the aluminum.
Regarding claim 9:
Liaolai as modified discloses the resistance regulation braking device according to claim 1, wherein the driving member comprises a first flywheel (transmission wheel 72) and a conveyor belt (transmission belt 74); the first flywheel is fixedly mounted at an upper end of the mandrel and is in driving connection to a second flywheel (resistance wheel 71) in the rotary sleeve through the conveyor belt (See rejection of claim 1 above where it is discussed that the transmission belt allows the transmission wheel to turn the resistance wheel); and a diameter of the second flywheel is less than a diameter of the first flywheel (See figure 4 of Liaolai which depicts the resistance wheel 71 as smaller in diameter than transmission wheel 72).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liaolai CN 2705194 Y in view of Yin CN 2486177 Y, and further in view of Boatright US 10143880 B1.
Liaolai as modified teaches the invention as substantially claimed above.
Regarding claim 5:
Liaolai as modified by Yin teaches the resistance regulation braking device according to claim 1, wherein the rotary sleeve comprises a second flywheel (resistance wheel 71. The examiner notes that while the resistance wheel was used above in claim 1 to apply to the rotary sleeve, as discussed in paragraph [0024] the rotary sleeve includes a second flywheel 51, and as depicted in the drawings rotary sleeve 5 in figures 1-2, and 4 and flywheel 51 in figure 3 are depicted as the same structure, therefore the resistance wheel 71 is the second flywheel of the rotary sleeve of Liaolai.) the upper magnetic part is fixedly mounted at a lower end of the second flywheel (See figure 1 of Yin above in the rejection of claim 1, which depicts the upper magnetic part mounted under the flywheel fan 1 of the exercise device); and when the second flywheel rotates, the upper magnetic part rotates along with the second flywheel around the stationary shaft (“First, the magnetic damper is composed of a round iron plate fixed on the fan wheel and coaxial with it, a return spring mounted on the shaft of the fan wheel” See page 1 of the translated description of Yin, where the examiner notes that as stated the iron plate fixed on the fan wheel, would require it to rotate along with the fan wheel as the device operates.).
Liaolai fails to teach two bearings; and that the second flywheel is mounted at the upper end of the stationary shaft through the two bearings.
The examiner notes that Liaolai does teach that the second flywheel is mounted at the upper end of the stationary shaft, however the limitation that it is mounted through the two bearings specifically is not taught.
Boatwright, however, teaches a cable exercise device includes a vertically movable weight stack, a rotatable spool assembly, first and second cables, and a movable exercise implement (See abstract), and further teaches two bearings (bearing 23A-B, and one way needle bearing 31); and that the second flywheel (spool 30) is mounted at the upper end of the stationary shaft through the two bearings (See figure 2).
[AltContent: textbox (an exploded view illustrating various parts of the force resistance assembly)]
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotary sleeve of Liaolai to include two bearings through which the second flywheel is mounted on the stationary shaft as taught by Boatwright, as this would allow the flywheel to rotate freely and not have any friction forces acting as unwanted resistance for the device, and would maintain the position of the flywheel on the shaft during use.
Allowable Subject Matter
Claim 10 includes allowable subject matter.
Claims 6-7 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record fails to teach or disclose, the resistance regulation braking device of dependent claim 6 wherein the elastic slider comprises a linear bearing and the elastic body, a through hole of the linear bearing is in a shape of
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and a diameter of a narrow hole portion in the through hole in the shape of
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matches with a diameter of the stationary shaft, and a diameter of a wide hole portion in the through hole in the shape of
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matches with an outer diameter of the elastic body, and an inner hole diameter of the elastic body matches with the diameter of the stationary shaft; the linear bearing and the elastic body are respectively sleeved on the stationary shaft and the elastic body is located below the linear bearing; a lower end surface of the elastic body contacts with an upper surface of a bottom plate of the frame, and an upper end surface of the elastic body contacts with a top surface of the wide hole portion, and at this time, the elastic body supports the linear bearing in a vertical direction; and the lower magnetic part is arranged at an upper end of the linear bearing.
In regards to independent claim 10, the closest prior art of record fails to teach a method of using a resistance regulation braking device, involving a rotary knob and a controller, including specifically wherein when the guy wire is further wound, a linear bearing in an elastic slider moves downwards along a stationary shaft under an action of a tensile force of the guy wire, and at this time, the linear bearing drives a lower magnetic part to move downwards to achieve a resistance reducing operation, and at the a same time, an elastic body in the elastic slider is compressed; and when the guy wire is further unwound, the linear bearing in the elastic slider moves upwards along the stationary shaft under an action of a restoring force of the elastic body, and at this time, the linear bearing drives the lower magnetic part to move upwards to achieve a resistance increasing operation, wherein a limiting barrier is arranged on the stationary shaft and is located between a rotary sleeve and the elastic slider to prevent contact adsorption of the lower magnetic part or an upper magnetic part.
The closest prior art of record includes Yin CN 2486177 Y, Boatwright US 10143880 B1, Bates US 10376735 B2, and Chen US 6745873 B1.
Yin CN 2486177 Y: Fan Wheel Resistance System for Fitness Machine, which as discussed in the rejections above teaches a fan wheel damping system for body-building machine belongs to body-building equipment component. it is composed of a fan wheel, the magnetic damper and regulator. magnetic damper is composed of two circular iron plate, a permanent magnet, a rope and a thin aluminum sheet.
Yin, fails to teach wherein the elastic slider comprises a linear bearing in general, and further fails to teach the specific shape of
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for the through hole and narrow/wide portions as claimed in dependent claim 6. In regards to claim 10, Yin fails to teach a rotary knob, a controller, and a linear bearing in the elastic slider.
Boatwright US 10143880 B1: Cable Exercise Device and Method, which teaches exercise device 100 comprises a flat standing platform 111, a compact force resistance assembly 112 mounted on or adjacent the platform 111, a flexible steel cable 114 attached to the force resistance assembly 112, an elongated double-pulley exercise bar 115 secured to the cable 114, and an electronic programmable operator console 118. The exemplary force resistance assembly 112 comprises a rigid mounting frame 121, a rotatable steel axle 122 supported by bearings within the frame 121, a one-way cable spool 124 carried on the axle 122, and an adjustable magnetic braking device 125 operatively connected (via axle 122) to the cable spool 124. It further teaches a one way needle bearing 131 which locks the axle when the cable spool rotates, and the exemplary braking device 125 comprises an electromagnetic control module 161 operatively connected to the operator console 118 (e.g., via cable), and to one or more magnets 162 mounted adjacent a peripheral margin of a rotatable non-ferromagnetic metal flywheel 163.
[AltContent: textbox (perspective view of a personal force-resistance exercise device.)]
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[AltContent: textbox (schematic view illustrating various features of the operator console and exemplary force resistance assembly)]
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Boatwright fails to teach that the magnetic breaking device comprises upper and lower magnetic members, a guy wire, a wire grip, an elastic slider, the linear bearing includes a through hole in a shape of
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and that the device includes a rotary knob, including specifically wherein when the guy wire is further wound, a linear bearing in an elastic slider moves downwards along a stationary shaft under an action of a tensile force of the guy wire, and at this time, the linear bearing drives a lower magnetic part to move downwards to achieve a resistance reducing operation, and at the a same time, an elastic body in the elastic slider is compressed; and when the guy wire is further unwound, the linear bearing in the elastic slider moves upwards along the stationary shaft under an action of a restoring force of the elastic body, and at this time, the linear bearing drives the lower magnetic part to move upwards to achieve a resistance increasing operation, wherein a limiting barrier is arranged on the stationary shaft and is located between a rotary sleeve and the elastic slider to prevent contact adsorption of the lower magnetic part or an upper magnetic part.
Bates US 10376735 B2: Multi-Functional Exercise Rower which teaches a frame (frame 12), and a rotary mandrel assembly (fan shaft 114) wherein a stationary shaft (shaft 119) is arranged on the frame and is arranged parallel to a mandrel in the rotary mandrel assembly (See figure 14), a rotary sleeve (cable wheel reel 118); a driving member (belt 121) is arranged between the rotary sleeve and the mandrel (See figure 16) ; when the mandrel rotates, the driving member is configured to drive the rotary sleeve to rotate around the stationary shaft (“On the back stroke, the secondary cable wheel 118 rotates and unwinds the cable and engages the geared bearing to cause the carousel fan rotation to create air resistance utilizing belt 121 to connect shaft 119 to shaft 114 via the sprocket (or another one-way device) at the base secondary cable reel 118 and sprocket (or another one-way device) 127 respectively.” See col. 9 lines 19-26).
[AltContent: textbox (a side plan view of the pulley system of the tension and retraction system)]
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[AltContent: textbox (a perspective view of the tension and retraction system of an exercise apparatus)]
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Bates fails to teach that the rotary sleeve mounted at an upper end of the stationary shaft, a knob, a controller, a linear bearing in general, an upper magnetic member, a lower magnetic member, a guy wire, a wire grip, and an elastic slider.
Chen US 6745873 B1: Breaking Device For An Exercising Cycle, which teaches a braking device for an exercising cycle including a main body, a mounting member, and a plurality of braking mechanisms, wherein each of the braking mechanisms includes a braking member, a threaded block, and an elastic member. Furthermore the slots 11 of the main body, have a through hole or an inner portion in the shape of
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.
[AltContent: textbox (a plan cross-sectional assembly view of the braking device)][AltContent: textbox (a plan cross-sectional exploded view of a braking device for an exercising cycle in accordance with the first embodiment of the present invention)]
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Chen, fails to teach magnetic members in general, a guy wire, a wire grip, wherein the elastic slider comprises a linear bearing in general, as claimed in dependent claim 6. In regards to claim 10, Chen fails to teach a rotary knob, a controller, and a linear bearing in the elastic slider in general, and therefore further fails to teach the specific functions related to the structure as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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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/JONATHAN A DICUIA/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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