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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/30/2023 was filed after the mailing date of the application on 07/18/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) of claims 1,4, 8, 10, 13, and 17 is/are:
A/ the generic place holder is member
B/ the functional language is biasing
C/ at least one biasing member is not modified by sufficient “structure, material, or acts”
D/ the at least one biasing member is disclosed in pages 9 and 11 in the specification, respectively: “In some embodiments, a pair of resistance springs 62 (or other suitable biasing members, such as bungees, etc.) are coupled between the slidable carriage 60 and the support 56 proximate to the front end 58 of the exercise machine 105” and “at least one biasing member 142 (one shown in Figures 1-5) is operatively coupled between the secondary carriage 140 and the front support 110”. The examiner is considering the springs 142 to be the corresponding structure for the at least one biasing member, see FIG. 2 below.
PNG
media_image1.png
585
823
media_image1.png
Greyscale
A/ the generic place holder is member
B/ the functional language is guide
C/ at least one guide member is not modified by sufficient “structure, material, or acts”
D/ the at least one guide member is disclosed in page 26 in the specification, respectively: “In the embodiment shown in Figures 1-2, the secondary carriage 140 includes two guide members 146 (one disposed on each lateral side of the centerline 101 of the rowing accessory system 100) that slidably engage the two secondary rails 134 of the secondary carriage support 130 (one for each secondary rail 134), however, in other embodiments, any suitable number of guide members 146 may be employed (e.g. 1, 4, etc.). In some embodiments, the guide members 146 may be cylindrical or tubular members that are slidably engaged onto the secondary rails 134” The examiner is considering the cylindrical or tubular members seen in FIG. 2 below to be the corresponding structure for the at least one biasing member.
PNG
media_image2.png
585
823
media_image2.png
Greyscale
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D’Silva (U.S. Patent No. US7967736B2).
Regarding claim 1, D’Silva shows a rowing accessory system (D’Silva, “user can simultaneously pull on the hand grips against the spring resistance and move the carriage against its separate spring resistance”, col. 4, line 67-col. 5, line 2, and “This creates a rectangular frame of D’Silva above the existing assembled grounded frame”, col. 6, lines 37-45; The rectangular frame of D’Silva, which includes the vertical tubes, the cross tubes, and the rail tubes, and the hand grips show the rowing accessory system of the claimed invention) configured to be coupled to an exercise machine (D’Silva, “This creates a rectangular frame above the existing assembled grounded frame”, col. 6, lines 37-45, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails”, col. 7, lines 24-26; The grounded frame and the split carriage of D’Silva show the exercise machine of the claimed invention), the rowing accessory system comprising: a front support (D’Silva, steel upright tubes 15, col. 6, line 30, see annotated FIG. 1 below) configured to support a front end of the exercise machine above a support surface (D’Silva, see annotated FIG. 1 below; The aluminum feet 11 attached to the steel legs 12 of D’Silva, seen in FIG. 1, are shown to rest on the floor, which shows the support surface of the claimed invention); a rear support (D’Silva steel upright tubes 15, col. 6, line 30, see annotated FIG. 1 below) configured to support a rear end of the exercise machine above the support surface (D’Silva, see annotated FIG. 1 below), the rear support including a strut (D’Silva, aluminum frame 21, col. 6, line 52) having a lower end configured to be positioned proximate the support surface and extending upwardly to an upper end (D’Silva, see annotated FIG. 1 below); a secondary carriage support (D’Silva, length top rail tubes 18, col. 6, line 42) including an intermediate support (D’Silva, cross tube 17, col. 6, line 39) disposed between the front support and the rear support (D’Silva, see annotated FIG. 1 below), the secondary carriage support including at least one secondary rail extending between the intermediate support and the rear support and suspended above the support surface (D’Silva, see annotated FIG. 1 below); a secondary carriage (D’Silva, second carriage section 52, col. 7, lines 27-28) operatively coupled to the at least one secondary rail and configured to be slidably moveable along the at least one secondary rail (D’Silva, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails. The split carriage assembly consists of two halves, referred to as first carriage section 51 and second carriage section 52”, col. 7, lines 24-28; In the broadest reasonable interpretation of the claim, the secondary carriage of the claimed invention is shown to be operatively coupled to the at least one secondary rail and configured to be slidably moveable along the secondary rail as the split carriage of D’Silva, specifically the second carriage section, is operatively coupled to the length top rail tubes and is slidably moveable along the length top rail tubes); at least one biasing member (D’Siva, springs, col. 7, line 46) operatively coupled between the secondary carriage and the front support (D’Silva, “These 3 springs can be removably attached to the other half of the split carriage, the second carriage section 52 thus creating spring resistance between the two carriage halve”, col. 7, line 41-44), the at least one biasing member configured to provide a biasing force on the secondary carriage that biases the secondary carriage toward the front support (D’Silva, “These 5 springs are easily attached, again removably, to the right hand end 53 of the apparatus by placing one or more or up to all five, using spring heads 55 (shown in FIG. 7) placed in the slots 54 provided by a piece of 0.94 cm (3/8'').times.7.5 cm (3'').times.87.5 (35'') removable steel spring retainer 56 (shown in FIG. 4) affixed to the end 53 of the apparatus opposite the springs”, col. 7, lines 50-56; The slots 54 of D’Silva are shown to be positioned adjacent with the steel upright tubes of D’Silva that correspond to the front support of the claimed invention); a user interface (D’Silva, hand/foot strap 32, col. 6, lines 67) positioned proximate the upper end of the strut (D’Silva, see annotated FIG. 9); and a force transfer assembly (D’Silva, two upper and lower pulleys 30a, 30b and threaded rope 31, col. 6, lines 65-67) operatively coupled between the user interface and the secondary carriage such that an exercising force applied to the user interface exerts a pulling force on the secondary carriage that tends to move the secondary carriage along the at least one secondary rail toward the rear support in opposition to the biasing force of the at least one biasing member (D’Silva, “A user can sit on the carriage, place each hand into one of the hand grips, thread each rope through two pulleys on the left-hand upright and secure the rope onto the cleats at the front of the first carriage section. One or more springs are then connected between the carriage and the right hand end of the frame. In a sitting position, the user can pull on the ropes, which will urge the carriage towards the left-hand side and away from the right-hand side of the frame against the spring resistance”, col. 4, lines 54-62, and “two upper and lower pulleys 30a, 30b through each pair of which is threaded rope 31 having at its respective each a hand/foot strap 32 for attachment in use to the hand or foot of a user and a free end (not shown) for location in and securing to the carriage (described below)”, col. 6, line 65 – col. 7, line 3).
PNG
media_image3.png
555
786
media_image3.png
Greyscale
D'Silva
PNG
media_image4.png
409
678
media_image4.png
Greyscale
D'Silva
Regarding claim 2, D’Silva shows the rowing accessory system of claim 1, wherein the force transfer assembly comprises a cable and pulley assembly (D’Silva, two upper and lower pulleys 30a, 30b and threaded rope 31).
Regarding claim 3, D’Silva shows the rowing accessory system of claim 1, wherein the force transfer assembly comprises: a cable and pulley assembly including a cable having a first end attached to the rear support and extending to a first pulley coupled to the secondary carriage, the cable operatively engaging the first pulley and extending back from the first pulley to a second pulley attached to the rear support proximate the lower end of the strut (D’Silva, “On each side of the uprights are mounted two upper and lower pulleys 30a, 30b through each pair of which is threaded rope 31 having at its respective each a hand/foot strap 32 for attachment in use to the hand or foot of a user and a free end (not shown) for location in and securing to the carriage (described below). The pulleys are attached to the uprights via releasable clamps 33 enabling them to be positioned at substantially any location up and down the uprights”, col. 6, line 65-col. 7, line 5; In the broadest reasonable interpretation of the claim, the first end of the threaded rope of D’Silva is attached to the steel upright tube via the pulleys and releasable clamps, which is coupled to the second carriage section of D’Silva, via the length carriage rails, thereby showing the cable of the claimed invention having a first end attached to the rear support and extending to a first pulley coupled to the secondary carriage. The threaded rope of D’Silva also engages both the upper and lower pulleys thereby showing the cable being operatively engaging with the first pulley and extending back from the first pulley to a second pulley attached to the rear support of the claimed invention), the cable operatively engaging the second pulley and extending upwardly from the second pulley to operatively engage a third pulley attached proximate the upper end of the strut, and wherein the user interface is operatively coupled to a second end of the cable proximate the third pulley (D’Silva, see annotated FIG. 9 below; In light of the functional language of the claim, and in the broadest reasonable interpretation of the claim, the third pulley is shown by D’Silva below and any engagement of the hand/foot strap of D’Silva, and consequently the threaded rope of D’Silva, does engage a third pulley, identified below, via the other threaded rope and hand/foot strap, thereby showing the cable operatively engaging the second pulley and the third pulley).
PNG
media_image5.png
422
606
media_image5.png
Greyscale
D'Silva
Claims 8-13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D’Silva (U.S. Patent No. US7967736B2).
Regarding claim 8, D’Silva shows a rowing accessory system (D’Silva, “user can simultaneously pull on the hand grips against the spring resistance and move the carriage against its separate spring resistance”, col. 4, line 67-col. 5, line 2, and “This creates a rectangular frame of D’Silva above the existing assembled grounded frame”, col. 6, lines 37-45; The rectangular frame of D’Silva, which includes the vertical tubes, the cross tubes, and the rail tubes, and the hand grips show the rowing accessory system of the claimed invention) configured to be coupled to an exercise machine (D’Silva, “This creates a rectangular frame above the existing assembled grounded frame”, col. 6, lines 37-45, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails”, col. 7, lines 24-26; The grounded frame and the split carriage of D’Silva show the exercise machine of the claimed invention) having a rail (D’Silva, length carriage rails 14, col. 6, line 23) and a slidable carriage (D’Silva, first carriage section 51, col. 7, line 27) operatively coupled to the rail (D’Silva, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails. The split carriage assembly consists of two halves, referred to as first carriage section 51 and second carriage section 52”, col. 7, lines 24-28), the rowing accessory system comprising: a front support (D’Silva, steel upright tubes 15, col. 6, line 30, see annotated FIG. 1 above in claim 1) configured to support the exercise machine proximate a front end and to support the rail above a support surface (D’Silva, see annotated FIG. 1 above in claim 1); a rear support (D’Silva steel upright tubes 15, col. 6, line 30, see annotated FIG. 1 above in claim 1) configured to support the exercise machine proximate a rear end and to support the rail above the support surface (D’Silva, see annotated FIG. 1 above in claim 1), the rear support including a strut (D’Silva, aluminum frame 21, col. 6, line 52) having a lower end configured to be positioned below the rail and extending upwardly to an upper end (D’Silva, see annotated FIG. 1 above in claim 1) configured to be positioned above the rail (In light of the functional language of the claim, and in light of the broadest reasonable interpretation of the claim, the aluminum frame of D’Silva is able to be positioned above the rail); a secondary carriage support (D’Silva, length top rail tubes 18, col. 6, line 42) including an intermediate support (D’Silva, cross tube 17, col. 6, line 39) disposed between the front support and the rear support (D’Silva, see annotated FIG. 1 above in claim 1), the secondary carriage support including at least one secondary rail extending between the intermediate support and the rear support and suspended above the support surface (D’Silva, see annotated FIG. 1 above in claim 1); a secondary carriage (D’Silva, second carriage section 52, col. 7, lines 27-28) operatively coupled to the at least one secondary rail and configured to be slidably moveable along the at least one secondary rail and configured to be disposed between the rail of the exercise machine and the support surface (D’Silva, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails. The split carriage assembly consists of two halves, referred to as first carriage section 51 and second carriage section 52”, col. 7, lines 24-28; In the broadest reasonable interpretation of the claim, the secondary carriage of the claimed invention is shown to be operatively coupled to the at least one secondary rail and configured to be slidably moveable along the secondary rail as the split carriage of D’Silva, specifically the second carriage section, is operatively coupled to the length top rail tubes and is slidably moveable along the length top rail tubes); at least one biasing member (D’Siva, springs, col. 7, line 46) operatively coupled between the secondary carriage and the front support (D’Silva, “These 3 springs can be removably attached to the other half of the split carriage, the second carriage section 52 thus creating spring resistance between the two carriage halve”, col. 7, line 41-44), the at least one biasing member configured to provide a biasing force on the secondary carriage that biases the secondary carriage toward the front support (D’Silva, “These 5 springs are easily attached, again removably, to the right hand end 53 of the apparatus by placing one or more or up to all five, using spring heads 55 (shown in FIG. 7) placed in the slots 54 provided by a piece of 0.94 cm (3/8'').times.7.5 cm (3'').times.87.5 (35'') removable steel spring retainer 56 (shown in FIG. 4) affixed to the end 53 of the apparatus opposite the springs”, col. 7, lines 50-56; The slots 54 of D’Silva are shown to be positioned adjacent with the steel upright tubes of D’Silva that correspond to the front support of the claimed invention); a user interface (D’Silva, hand/foot strap 32, col. 6, lines 67) positioned proximate the upper end of the strut (D’Silva, see annotated FIG. 9 above in claim 1); and a force transfer assembly (D’Silva, two upper and lower pulleys 30a, 30b and threaded rope 31, col. 6, lines 65-67) operatively coupled between the user interface and the secondary carriage such that an exercising force applied to the user interface exerts a pulling force on the secondary carriage that tends to move the secondary carriage along the at least one secondary rail toward the rear support in opposition to the biasing force of the at least one biasing member (D’Silva, “A user can sit on the carriage, place each hand into one of the hand grips, thread each rope through two pulleys on the left-hand upright and secure the rope onto the cleats at the front of the first carriage section. One or more springs are then connected between the carriage and the right hand end of the frame. In a sitting position, the user can pull on the ropes, which will urge the carriage towards the left-hand side and away from the right-hand side of the frame against the spring resistance”, col. 4, lines 54-62, and “two upper and lower pulleys 30a, 30b through each pair of which is threaded rope 31 having at its respective each a hand/foot strap 32 for attachment in use to the hand or foot of a user and a free end (not shown) for location in and securing to the carriage (described below)”, col. 6, line 65 – col. 7, line 3).
Regarding claim 9, D’Silva shows the rowing accessory system of claim 8, wherein the force transfer assembly comprises a cable and pulley assembly including a cable having a first end attached to the rear support and extending to a first pulley coupled to the secondary carriage, the cable operatively engaging the first pulley and extending back from the first pulley to a second pulley attached to the rear support proximate the lower end of the strut (D’Silva, “On each side of the uprights are mounted two upper and lower pulleys 30a, 30b through each pair of which is threaded rope 31 having at its respective each a hand/foot strap 32 for attachment in use to the hand or foot of a user and a free end (not shown) for location in and securing to the carriage (described below). The pulleys are attached to the uprights via releasable clamps 33 enabling them to be positioned at substantially any location up and down the uprights”, col. 6, line 65-col. 7, line 5; In the broadest reasonable interpretation of the claim, the first end of the threaded rope of D’Silva is attached to the steel upright tube via the pulleys and releasable clamps, which is coupled to the second carriage section of D’Silva, via the length carriage rails, thereby showing the cable of the claimed invention having a first end attached to the rear support and extending to a first pulley coupled to the secondary carriage. The threaded rope of D’Silva also engages both the upper and lower pulleys thereby showing the cable being operatively engaging with the first pulley and extending back from the first pulley to a second pulley attached to the rear support of the claimed invention), the cable operatively engaging the second pulley and extending upwardly from the second pulley to operatively engage a third pulley attached proximate the upper end of the strut, the user interface being operatively coupled to a second end of the cable proximate the third pulley (D’Silva, see annotated FIG. 9 below; In light of the functional language of the claim, and in the broadest reasonable interpretation of the claim, the third pulley is shown by D’Silva below and any engagement of the hand/foot strap of D’Silva, and consequently the threaded rope of D’Silva, does engage a third pulley, identified above in claim 3, via the other threaded rope and hand/foot strap, thereby showing the cable operatively engaging the second pulley and the third pulley).
Regarding claim 10, D’Silva shows the rowing accessory system of claim 8, wherein the secondary carriage includes a carriage body (D’Silva, see annotated FIG. 9 below) having at least one guide member configured to slidably engage the at least one secondary rail during movement of the secondary carriage on the at least one secondary rail (D’Silva, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails. The split carriage assembly consists of two halves, referred to as first carriage section 51 and second carriage section 52, each being 87.5 cm (35'') wide.times.53.8 cm (21.5'') long and 5 cm (2'') thick. Each half has four steel bearing retainers with three bearing and wheel assemblies on a 120 degree rotation within the bearing retainer (details not shown)”, col. 7, lines 24-31; The three bearing and wheel assemblies of D’Silva show the at least one guide member of the claimed invention. As noted above, in light of the functional language, and in light of the broadest reasonable interpretation of the claim, the second carriage section of D’Silva is shown to be slidably engaged with the length top rail tubes).
PNG
media_image6.png
409
541
media_image6.png
Greyscale
D'Silva
Regarding claim 11, D’Silva shows the rowing accessory system of claim 8, wherein the secondary carriage includes a carriage body (D’Silva, see annotated FIG. 9 above in claim 10) having at least one roller configured to rollably engage the rail of the exercise machine during movement of the secondary carriage on the at least one secondary rail (D’Silva, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails. The split carriage assembly consists of two halves, referred to as first carriage section 51 and second carriage section 52, each being 87.5 cm (35'') wide.times.53.8 cm (21.5'') long and 5 cm (2'') thick. Each half has four steel bearing retainers with three bearing and wheel assemblies on a 120 degree rotation within the bearing retainer (details not shown)”, col. 7, lines 24-31; The three bearing and wheel assemblies of D’Silva shows the at least one roller of the claimed invention).
Regarding claim 12, D’Silva shows the rowing accessory system of claim 8, wherein the secondary carriage is configured to be slidably moveable along the at least one secondary rail in a rearward direction toward the rear support when the pulling force is greater than the biasing force of the at least one biasing member, and is configured to be slidably moveable along the at least one secondary rail in a forward direction toward the front support when the biasing force of the at least one biasing member is greater than the pulling force (D’Silva, “A user can sit on the carriage, place each hand into one of the hand grips, thread each rope through two pulleys on the left-hand upright and secure the rope onto the cleats at the front of the first carriage section. One or more springs are then connected between the carriage and the right hand end of the frame. In a sitting position, the user can pull on the ropes, which will urge the carriage towards the left-hand side and away from the right-hand side of the frame against the spring resistance”, col. 4, lines 54-62, and “two upper and lower pulleys 30a, 30b through each pair of which is threaded rope 31 having at its respective each a hand/foot strap 32 for attachment in use to the hand or foot of a user and a free end (not shown) for location in and securing to the carriage (described below)”, col. 6, line 65 – col. 7, line 3).
Regarding claim 13, D’Silva shows the rowing accessory system of claim 8, wherein the at least one secondary rail comprises two secondary rails laterally spaced apart on opposing sides of a centerline of the accessory system, and wherein the secondary carriage includes a carriage body having a pair of guide members, each guide member being configured to slidably engage one of the secondary rails during movement of the secondary carriage (D’Silva, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails. The split carriage assembly consists of two halves, referred to as first carriage section 51 and second carriage section 52, each being 87.5 cm (35'') wide.times.53.8 cm (21.5'') long and 5 cm (2'') thick. Each half has four steel bearing retainers with three bearing and wheel assemblies on a 120 degree rotation within the bearing retainer (details not shown)”).
Regarding claim 16, D’Silva shows the rowing accessory system of claim 8, wherein the exercise machine further includes at least one platform (D’Silva, seat assembly 24, col. 6, line 56) proximate at least one of the front end or the rear end of the rail (D’Silva, see annotated FIG. 9 below), and wherein at least one of the front support or the rear support of the accessory system includes at least one platform foot (D’Silva, padded foot pedal 22, col. 6, line 52) configured to be engaged with the at least one platform of the exercise machine, the at least one platform foot being configured to at least partially support the at least one platform of the exercise machine above the support surface (D’Silva, “the wonder chair 20 consists of an aluminium frame 21 with a padded foot pedal 22. The frame 21 has 0.63 cm (1/4'') pins at the end opposite the foot pedal that attach to either end of the apparatus base 23 using 0.63 cm (1/4'') holes in the steel legs of the frame of the apparatus. Seat assembly 24 is attached to a 0.94 cm (3/8'').times.7.5 cm (3'').times.70 cm (28'') aluminium bar 25 which has a clamp 26 attached to both ends thus allowing a positioning of the seat 24 on either end of the machine or making the seat completely removable”, col. 6, lines 51-60; In light of the functional language of the claim, and in the broadest reasonable interpretation of the claim, the seat assembly of D’Silva and the padded foot pedal of D’Silva are shown to be engaged with each other via the uprights and the clamps, thereby showing the at least one platform foot of the claimed invention configured to be engaged with the at least one platform of the claimed invention as well as the at least one platform foot being configured to at least partially support the at least one platform of the claimed invention. The seat assembly of D’Silva is shown to be positioned above the ground).
PNG
media_image7.png
409
586
media_image7.png
Greyscale
D'Silva
Claim 17 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by D’Silva (U.S. Patent No. US7967736B2).
Regarding claim 17, D’Silva shows a exercise machine (D’Silva, “This creates a rectangular frame above the existing assembled grounded frame”, col. 6, lines 37-45, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails”, col. 7, lines 24-26; The grounded frame and the split carriage of D’Silva show the exercise machine of the claimed invention), comprising: a frame (D’Silva, grounded frame) that includes a rail (D’Silva, length carriage rails 14, col. 6, line 23) and a slidable carriage (D’Silva, first carriage section 51, col. 7, line 27) moveable along the rail (D’Silva, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails. The split carriage assembly consists of two halves, referred to as first carriage section 51 and second carriage section 52”, col. 7, lines 24-28); a rowing accessory system (D’Silva, “user can simultaneously pull on the hand grips against the spring resistance and move the carriage against its separate spring resistance”, col. 4, line 67-col. 5, line 2, and “This creates a rectangular frame of D’Silva above the existing assembled grounded frame”, col. 6, lines 37-45; The rectangular frame of D’Silva, which includes the vertical tubes, the cross tubes, and the rail tubes, and the hand grips show the rowing accessory system of the claimed invention) including: a front support (D’Silva, steel upright tubes 15, col. 6, line 30, see annotated FIG. 1 above in claim 1) supporting a front end of the rail above a support surface (D’Silva, see annotated FIG. 1 above in claim 1); a rear support (D’Silva steel upright tubes 15, col. 6, line 30, see annotated FIG. 1 above in claim 1) supporting a rear end of the rail above the support surface (D’Silva, see annotated FIG. 1 above in claim 1), the rear support including a strut (D’Silva, aluminum frame 21, col. 6, line 52) having a lower end positioned below the rail and extending upwardly to an upper end (D’Silva, see annotated FIG. 1 above in claim 1) positioned above the rail (In light of the broadest reasonable interpretation of the claim, the aluminum frame of D’Silva is able to be positioned above the rail); a secondary carriage support (D’Silva, length top rail tubes 18, col. 6, line 42) including an intermediate support (D’Silva, cross tube 17, col. 6, line 39) disposed between the front support and the rear support (D’Silva, see annotated FIG. 1 above in claim 1), the secondary carriage support including at least one secondary rail extending between the intermediate support and the rear support and suspended above the support surface (D’Silva, see annotated FIG. 1 above in claim 1); a secondary carriage (D’Silva, second carriage section 52, col. 7, lines 27-28) operatively coupled to the at least one secondary rail and configured to be slidably moveable along the at least one secondary rail and disposed between the rail of the exercise machine and the support surface (D’Silva, “a split carriage 50 is mounted on runners on the carriage rails 14 and slides forward and back on the rails. The split carriage assembly consists of two halves, referred to as first carriage section 51 and second carriage section 52”, col. 7, lines 24-28; In the broadest reasonable interpretation of the claim, the secondary carriage of the claimed invention is shown to be operatively coupled to the at least one secondary rail and configured to be slidably moveable along the secondary rail as the split carriage of D’Silva, specifically the second carriage section, is operatively coupled to the length top rail tubes and is slidably moveable along the length top rail tubes); at least one biasing member (D’Siva, springs, col. 7, line 46) operatively coupled between the secondary carriage and the front support (D’Silva, “These 3 springs can be removably attached to the other half of the split carriage, the second carriage section 52 thus creating spring resistance between the two carriage halve”, col. 7, line 41-44), the at least one biasing member providing a biasing force on the secondary carriage that biases the secondary carriage toward the front support (D’Silva, “These 5 springs are easily attached, again removably, to the right hand end 53 of the apparatus by placing one or more or up to all five, using spring heads 55 (shown in FIG. 7) placed in the slots 54 provided by a piece of 0.94 cm (3/8'').times.7.5 cm (3'').times.87.5 (35'') removable steel spring retainer 56 (shown in FIG. 4) affixed to the end 53 of the apparatus opposite the springs”, col. 7, lines 50-56; The slots 54 of D’Silva are shown to be positioned adjacent with the steel upright tubes of D’Silva that correspond to the front support of the claimed invention); a user interface (D’Silva, hand/foot strap 32, col. 6, lines 67) positioned proximate the upper end of the strut (D’Silva, see annotated FIG. 9 above in claim 1); and a force transfer assembly (D’Silva, two upper and lower pulleys 30a, 30b and threaded rope 31, col. 6, lines 65-67) operatively coupled between the user interface and the secondary carriage such that an exercising force applied to the user interface exerts a pulling force on the secondary carriage that tends to move the secondary carriage along the at least one secondary rail toward the rear support in opposition to the biasing force of the at least one biasing member (D’Silva, “A user can sit on the carriage, place each hand into one of the hand grips, thread each rope through two pulleys on the left-hand upright and secure the rope onto the cleats at the front of the first carriage section. One or more springs are then connected between the carriage and the right hand end of the frame. In a sitting position, the user can pull on the ropes, which will urge the carriage towards the left-hand side and away from the right-hand side of the frame against the spring resistance”, col. 4, lines 54-62, and “two upper and lower pulleys 30a, 30b through each pair of which is threaded rope 31 having at its respective each a hand/foot strap 32 for attachment in use to the hand or foot of a user and a free end (not shown) for location in and securing to the carriage (described below)”, col. 6, line 65 – col. 7, line 3).
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) 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over D’Silva (U.S. Patent No. US7967736B2), in view of Singer (PG Patent Publication No. US20210244993A1).
Regarding claim 14, D’Silva shows the rowing accessory system of claim 8, further comprising a pedal assembly operatively coupled to the rear support (D’Silva, “the wonder chair 20 consists of an aluminium frame 21 with a padded foot pedal 22. The frame 21 has 0.63 cm (1/4'') pins at the end opposite the foot pedal that attach to either end of the apparatus base 23 using 0.63 cm (1/4'') holes in the steel legs of the frame of the apparatus. Seat assembly 24 is attached to a 0.94 cm (3/8'').times.7.5 cm (3'').times.70 cm (28'') aluminium bar 25 which has a clamp 26 attached to both ends thus allowing a positioning of the seat 24 on either end of the machine or making the seat completely removable”; The padded foot pedal of D’Silva shows the pedal assembly of the claimed invention).
D’Silva fails to explicitly show the pedal assembly including a pair of pedals laterally spaced apart on opposing sides of a centerline of the accessory system, each pedal being configured to be engaged with a foot of a user.
However, Singer, from the same field of endeavor, teaches a pair of pedals (Singer, chair pedals 28, paragraph 0032), each pedal being configured to be engaged with a foot of a user (Singer; The chair pedals of Singer are configured to be engaged with the feed of the user).
PNG
media_image8.png
508
455
media_image8.png
Greyscale
PNG
media_image9.png
430
455
media_image9.png
Greyscale
Singer
It would have been obvious for one of ordinary skill before the effective filing date of the claimed invention to have modified the individual padded foot pedal of D’Silva to be two individual pedals as the attachment of the padded foot pedal of D’Silva to the uprights of D’Silva is comparable to that of Singer. Furthermore, both serve the same purpose of supporting the feet of a user with comparable exercise machines, making this modification obvious. With this modification, the chair pedals of Singer are laterally spaced apart on opposing sides of a centerline of the rectangular frame of D’Silva, thereby teaching the pair of pedals of the claimed invention are laterally spaced apart on opposing sides of a centerline of the accessory system.
Regarding claim 15, D’Silva, in view of Singer, teaches the rowing accessory system of claim 14, wherein each pedal is configured to be rotatable between an upright position for engagement with the foot of the user during a first use configuration, and a downward position in which the pedal is below the upper portion of the rail in a second use configuration (D’Silva, “Springs 27 are attached at one end to the base of the frame 21 near the foot pedal and at their other ends to the uprights 15 to provide resistance when the foot pedal is pushed away from the uprights in use e.g. by someone sitting on the seat 24”, col. 6, lines 61-64; As the bottom end of the base frame is resting on the ground, seen in FIG. 1, the modified padded foot pedal can be pushed away by the user while still remaining connected via the springs, the modified padded foot pedal therefore pivots upwards and downwards. Moreover, the springs of D’Silva allows for the modified padded foot pedal to be configured to be rotatable in a downward position with the modified padded foot pedal to be below the upper portion of the carriage rails).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over D’Silva (U.S. Patent No. US7967736B2), in view of Mayr (U.S. Patent No. US8157714B2).
Regarding claim 18, D’Silva shows the exercise machine of claim 17, including the exercise machine.
D’Silva fails to show a support accessory system including: a pad member having an upper surface configured to be fittingly engaged with a portion of the exercise machine, and a lower surface opposite the upper surface; and a support foot that is selectively couplable to the lower surface of the pad member, the support foot including a head portion having an engagement surface that is engageable with the support surface, the engagement surface being symmetrically curved along a length thereof in a first cross-sectional plane, wherein the engagement surface enables the exercise machine to rock about a rotation axis that is perpendicular to the first cross-sectional plane when the support foot is coupled to the pad member in a rocking use configuration, and prevents the exercise machine from rocking about the rotation axis when the support foot is coupled to the pad member in a stable use configuration.
However, Mayr, from the same field of endeavor, teaches a support accessory system including: a pad member (Mayr, rocking support assembly 130, col. 4, line 5) having an upper surface configured to be fittingly engaged with a portion of the exercise machine (Mayr, “This rocking support assembly 130 includes a flat rectangular platform 132 upon which one of the head or foot end of the reformer 102 rests. This platform may be fastened to the frame 102 or it may be removable”, col. 4, lines 7-10; The upper surface 132 of Mayr teaches the upper surface of the claimed invention), and a lower surface opposite the upper surface (Mayr, “The rocking assembly 130 also has a rocker 134 fastened to an underside of the support platform 132”, col. 4 lines 15-16; The underside of the support platform 132 of Mayr teaches the lower surface of the claimed invention); and a support foot (Mayr, rocker 134) that is selectively couplable to the lower surface of the pad member (Mayr, “The rocking assembly 130 also has a rocker 134 fastened to an underside of the support platform 132”; In the broadest reasonable interpretation of the claim, the rocker being fastened to the underside of the support platform of Mayr teaches the support foot of the claimed invention being selectively couplable to the lower surface of the pad member), the support foot including a head portion (Mayr, curved middle bottom surface portion 136, col. 17-18) having an engagement surface that is engageable with the support surface (Mayr, see FIG. 3 below below), the engagement surface being symmetrically curved along a length thereof in a first cross-sectional plane (Mayr, “The curved middle bottom surface portion 136 is tangent to and merges with straight end portions 138”, col. 4, lines 18-20, see annotated FIG. 2 below), wherein the engagement surface enables the exercise machine to rock about a rotation axis that is perpendicular to the first cross-sectional plane when the support foot is coupled to the pad member in a rocking use configuration (Mayr, see FIG. 2 below), and prevents the exercise machine from rocking about the rotation axis when the support foot is coupled to the pad member in a stable use configuration (Mayr, “Since only the straight portions 138 fit within the recesses 142 rather than curved portion 136, a pair of the support blocks 140 provides a static stationary support for the end of the reformer 100 carried thereon”, col. 4, lines 51-54, see FIG. 4 below for the stable use configuration of the claimed invention).
PNG
media_image10.png
268
583
media_image10.png
Greyscale
PNG
media_image11.png
261
518
media_image11.png
Greyscale
Mayr
It would have been obvious for one of ordinary skill before the effective filing date of the claimed invention to have modified the grounded frame and the split carriage of D’Silva to include the rocking support assembly of Mayr in order to “to provide a user with dynamic feedback to aid in facilitating sense of proper alignment during exercise activity on a reformer” (Mayr, col. 1, lines 32-34). This modification is obvious as D’Silva discloses attachments to an exercise machine comparable to a reformer, and Mayr discloses in col. 1, lines 25-31, “The exercises being performed on the reformer ideally are conducted carefully by the user concentrating on body symmetry and symmetrical body movement and proper alignment during exercise. It is often somewhat difficult for a user to sense when he or she is properly centered on the reformer, and exerting equal forces with both arms or both legs during movements required”.
Claim(s) 1-2 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Amoros (PG Patent Publication No. US20220266087A1), in view of Parrish (PG Patent Publication No. US20160001123A1).
Regarding claim 1, Amoros shows a rowing accessory system (Amoros, Reformer machine and rower module equipment, paragraph 0158) configured to be coupled to an exercise machine (Amoros, Pilates machine, paragraph 0055, “the rower (56) installed in a horizontal position attaches onto the top of the transverse crossmember (3)”, paragraph 0155, and “this combination of Reformer machine and rower module equipment offers a new type of training to users who alternate sequences on the rower intended to accelerate the heart rate with series of exercises that capitalize on the resistance of the springs of the Reformer machine to work the deep muscles”, paragraph 0158, see FIG. 2 and FIG. 18 below; The Pilates machine/Reformer machine of Amoros shows the exercise machine of the claimed invention), the rowing accessory system comprising: a front support (Amoros, feet 7, 8, and crossmember 4, paragraphs 0061-0063) configured to support a front end of the exercise machine above a support surface (Amoros, FIG. 2; The feet of Amoros upholds the Pilates machine above the ground seen in FIGS. 2 and 18) a rear support (Amoros, feet 5, 6 and crossmember 3, paragraphs 0056-0061) configured to support a rear end of the exercise machine above the support surface (Amoros, FIG. 2; The feet of Amoros upholds the Pilates machine above the ground seen in FIGS. 2 and 18); a secondary carriage support including an intermediate support (Amoros, one or more additional crossmembers (190), paragraph 0057) disposed between the front support and the rear support (Amoros, see FIG. 2 below), the secondary carriage support including at least one secondary rail (Amoros, two side rails 1, 2, paragraph 0056) extending between the intermediate support and the rear support and suspended above the support surface (Amoros, see FIG. 2 below); a secondary carriage (Amoros, moving carriage 9, paragraph 0062) operatively coupled to the at least one secondary rail and configured to be slidably moveable along the at least one secondary rail (Amoros, “moving carriage (9) slides on the side rails (1, 2)”, paragraph 0062); at least one biasing member (Amoros, set of springs 12, paragraph 0062) operatively coupled between the secondary carriage and the front support (Amoros, “the set of springs (12) is attached below the moving carriage (9) on the one hand, and on the crossmember (4) on the other hand”, paragraph 0063), the at least one biasing member configured to provide a biasing force on the secondary carriage that biases the secondary carriage toward the front support (Amoros, “the first set of springs being configured to extend toward at least the first end of the frame”, paragraph 0124, and “this combination of Reformer machine and rower module equipment offers a new type of training to users who alternate sequences on the rower intended to accelerate the heart rate with series of exercises that capitalize on the resistance of the springs of the Reformer machine to work the deep muscles”, paragraph 0158; The first end of the frame of Amoros corresponds to the front support of the claimed invention with the crossmember 4 and the legs 7, 8); a user interface (Amoros, handle 66, paragraph 0156); and a force transfer assembly (Amoros, bars 180, supports 182, pulley-slings 184, and ropes 185, paragraph 0107) operatively coupled between the user interface and the secondary carriage such that an exercising force applied to the user interface exerts a pulling force on the secondary carriage that tends to move the secondary carriage along the at least one secondary rail toward the rear support in opposition to the biasing force of the at least one biasing member (Amoros, “the bars (180) also support the supports (182) on which the pulleys-slings (184) are hung that retain the ropes (185) attached to the moving carriage (9)”, paragraph 0107, see FIG. 2).
PNG
media_image12.png
436
520
media_image12.png
Greyscale
PNG
media_image13.png
461
506
media_image13.png
Greyscale
Amoros
Amoros fails to explicitly show the rear support including a strut having a lower end configured to be positioned proximate the support surface and extending upwardly to an upper end; and the user interface positioned proximate the upper end of the strut.
However, Parrish, from the same field of endeavor, teaches a strut (Parrish, “the front end may be supported by a stanchion 38 and a cross brace 42”, paragraph 0017).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the rower accessory of Amoros to include the stanchion and the cross brace of Parrish under the drum of the rower of Amaros in order to further stabilize the rower accessory with the Pilates machine of Amoros. With this modification of the rower accessory of Amaros, Amaros, in view of Parrish, teaches the strut having a lower end configured to be positioned proximate the support surface and extending upwardly to an upper end; and the user interface positioned proximate the upper end of the strut.
Regarding claim 2, Amoros, in view of Parrish, teaches the rowing accessory system of claim 1, wherein the force transfer assembly comprises a cable (Amoros, ropes 185, paragraph 0107) and pulley assembly (Amoros, pulleys-slings 184, paragraph 0107).
Regarding claim 6, Amoros, in view of Parrish, teaches the rowing accessory system of claim 1, wherein the secondary carriage is configured to be slidably moveable along the at least one secondary rail in a rearward direction toward the rear support when the pulling force is greater than the biasing force of the at least one biasing member, and is configured to be slidably moveable along the at least one secondary rail in a forward direction toward the front support when the biasing force of the at least one biasing member is greater than the pulling force (Amoros, “this combination of Reformer machine and rower module equipment offers a new type of training to users who alternate sequences on the rower intended to accelerate the heart rate with series of exercises that capitalize on the resistance of the springs of the Reformer machine to work the deep muscles”; The function of the reformer machine and rower module equipment disclosed by Amoros shows the functional limitations of the claim 6 above as the moving carriage of Amoros is both able to perform the movements of these functional limitations and is required to move in that manner in order for the reformer machine and the rower module equipment to function as described).
Regarding claim 7, Amoros, in view of Parrish, teaches the rowing accessory system of claim 1, wherein the at least one secondary rail comprises two secondary rails laterally spaced apart on opposing sides of a centerline of the accessory system (Amoros, “The frame is made up of two side rails (1, 2), two crossmembers (3, 4) and four feet (5 to 8) each providing the 90° connection between a side rail and a crossmember”, paragraph 0056; The two side rails of Amoros shows the two secondary rails of the claimed invention).
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Amoros (PG Patent Publication No. US20220266087A1), Parrish (PG Patent Publication No. US20160001123A1) as applied to claim 1 above, and further in view of D’Silva (U.S. Patent No. US7967736B2).
Regarding claim 4, Amoros, in view of Parrish, teaches the rowing accessory system of claim 1, including the secondary carriage with a carriage body (Amoros, see annotated FIG. 2 below).
PNG
media_image14.png
362
424
media_image14.png
Greyscale
Amoros
Amoros and Parrish fail to explicitly show the carriage body having at least one guide member configured to slidably engage the at least one secondary rail.
However, D’Silva, from the same field of endeavor, teaches the carriage body having at least one guide member configured to slidably engage the at least one secondary rail (D’Silva, “Each half has four steel bearing retainers with three bearing and wheel assemblies on a 120 degree rotation within the bearing retainer (details not shown). These bearing retainers are placed on 72.5 cm (29'') centres in the 87.5 cm (35'') plane and 40 cm (16'') centres in the 53.8 cm (21.5'') plane. The top bearings then set directly atop and centred on the 5 cm (2'') diameter split carriage guide rails and the other two bearing and wheel assemblies on the 120 degree angles are slid into place, touching the 5 cm (2'') diameter split carriage guide rails thus encompassing the split carriage guide rails”, col. 7, lines 29-39; The steel bearing retainers and the wheel assemblies of Amoros teaches the at least one guide member of the claimed invention).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the moving carriage of Amoros to specifically include the steel bearing retainers and the wheel assemblies of D’Silva as Amoros simply discloses the engagement of the moving carriage with the side rails. Amoros does not provide the specific parts that allows the moving carriage with the side rails, making this modification obvious.
Regarding claim 5, Amoros, in view of Parrish, teaches the rowing accessory system of claim 1, including the secondary carriage with a carriage body.
Amoros and Parrish fails to teach the carriage body having at least one roller configured to rollably engage a lower portion of the exercise machine during movement of the secondary carriage on the at least one secondary rail.
However, D’Silva, from the same field of endeavor, teaches the carriage body having at least one roller configured to rollably engage a lower portion of the exercise machine during movement of the secondary carriage on the at least one secondary rail (D’Silva, “Each half has four steel bearing retainers with three bearing and wheel assemblies on a 120 degree rotation within the bearing retainer (details not shown). These bearing retainers are placed on 72.5 cm (29'') centres in the 87.5 cm (35'') plane and 40 cm (16'') centres in the 53.8 cm (21.5'') plane. The top bearings then set directly atop and centred on the 5 cm (2'') diameter split carriage guide rails and the other two bearing and wheel assemblies on the 120 degree angles are slid into place, touching the 5 cm (2'') diameter split carriage guide rails thus encompassing the split carriage guide rails”, col. 7, lines 29-39; The steel bearing retainers and the wheel assemblies of Amoros teaches the at least one roller of the claimed invention. In the broadest reasonable interpretation of the claim, the side rails of Amoros shows the lower portion of the exercise machine of the claimed invention).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the moving carriage of Amoros to specifically include the steel bearing retainers and the wheel assemblies of D’Silva as Amoros simply discloses the engagement of the moving carriage with the side rails. Amoros does not provide the specific parts that allows the moving carriage with the side rails, making this modification obvious.
Allowable Subject Matter
Claims 19-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
None of the prior art teach or make obvious the combination of all the limitations required by independent claim 19, more specifically, the exercise machine of claim 18, wherein the engagement surface is also angled across a width thereof in a second cross-sectional plane that is orthogonal to the first cross-sectional plane.
The closest prior art of record, D’Silva (US7967736B2) and Mayr (US8157714B2), discloses the exercise machine of claim 18, including the engagement surface, but fails to disclose, the engagement surface is also angled across a width thereof in a second cross-sectional plane that is orthogonal to the first cross-sectional plane.
Another prior art made of record, Gramaccioni (US20050101450A1), discloses arched bases 22 that are comparable to the engagement surface of the claimed invention, but fails to disclose, the arched bases being furthered angled across a width thereof in a second cross-sectional plane that is orthogonal to the first cross-sectional plane.
PNG
media_image15.png
392
388
media_image15.png
Greyscale
Gramaccioni
Another prior art made of record, Ralphs (WO2015061902A1), discloses rockers 188 that are comparable to the engagement surface of the claimed invention, but fails to disclose, the rockers being furthered angled across a width thereof in a second cross-sectional plane that is orthogonal to the first cross-sectional plane.
PNG
media_image16.png
545
467
media_image16.png
Greyscale
PNG
media_image17.png
456
596
media_image17.png
Greyscale
Ralphs
There is no evidence from the prior art why someone skilled in the art would have anticipated the further angling the curved middle bottom surface portion 136 and the straight end portions 138 of Mayr without hindsight of the claimed invention.
None of the prior art teach or make obvious the combination of all the limitations required by independent claim 20, more specifically, the exercise machine of claim 18, wherein the lower surface of the pad member includes at least one stable recess disposed therein and at least one rocker recess disposed therein, and wherein the support foot further includes at least one projection that projects outwardly from the head portion opposite from the engagement surface, the at least one projection being selectively couplable with the at least one stable recess to support the exercise machine in the stable use configuration, and the at least one projection being selectively couplable with the at least one rocker recess to support the exercise machine in the rocking use configuration.
The closest prior art of record, D’Silva (US7967736B2) and Mayr (US8157714B2), discloses the pad member, the support foot, and the engagement surface, but fails to disclose, wherein the lower surface of the pad member includes at least one stable recess disposed therein and at least one rocker recess disposed therein, and wherein the support foot further includes at least one projection that projects outwardly from the head portion opposite from the engagement surface, the at least one projection being selectively couplable with the at least one stable recess to support the exercise machine in the stable use configuration, and the at least one projection being selectively couplable with the at least one rocker recess to support the exercise machine in the rocking use configuration.
Another prior art made of record, Gramaccioni (US20050101450A1), discloses arched bases 22 that are comparable to the engagement surface of the claimed invention, but fails to disclose, a pad member with at least one stable recess disposed therein and at least one rocker recess disposed therein, and wherein the support foot further includes at least one projection that projects outwardly from the head portion opposite from the engagement surface, the at least one projection being selectively couplable with the at least one stable recess to support the exercise machine in the stable use configuration, and the at least one projection being selectively couplable with the at least one rocker recess to support the exercise machine in the rocking use configuration.
Another prior art made of record, Ralphs (WO2015061902A1), discloses rockers 188 that are comparable to the engagement surface of the claimed invention, but fails to disclose, a pad member with at least one stable recess disposed therein and at least one rocker recess disposed therein, and wherein the support foot further includes at least one projection that projects outwardly from the head portion opposite from the engagement surface, the at least one projection being selectively couplable with the at least one stable recess to support the exercise machine in the stable use configuration, and the at least one projection being selectively couplable with the at least one rocker recess to support the exercise machine in the rocking use configuration.
There is no evidence from the prior art why someone skilled in the art would have anticipated the inclusion of at least one stable recess and at least one rocker recess in the rocking support assembly of Mayr for at least one projection from the rocker of Mayr to convert the exercise machine between a stable use configuration and a rocking use configuration without hindsight of the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J NICOLE LOBERIZA whose telephone number is (571)272-4741. The examiner can normally be reached 8am - 5:30pm.
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.
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.
/JACQUELINE N L LOBERIZA/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784