DETAILED ACTION
This is the first Office Action on the merits based on the 18/388,828 application filed on 11/11/2023. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-6, 8-12, and 17-19 are currently pending and considered below.
Election/Restrictions
Claims 7 and 13-16 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected embodiment, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/26/2025.
Claim Objections
Claim 2 is objected to because of the following informalities:
On line 1, “of claim 1 wherein” should be corrected to ---of claim 1, wherein--
Claim 3 is objected to because of the following informalities:
On line 1, “of claim 2 wherein” should be corrected to --- of claim 2, wherein ---
Claim 4 is objected to because of the following informalities:
On line 1, “of claim 3 wherein” should be corrected to --- of claim 3, wherein ---
Claim 5 is objected to because of the following informalities:
On line 1, “of claim 4 including” should be corrected to --- of claim 4, including ---
On lines 1-2, “exercise resistance settings” should be corrected to --- the first exercise resistance setting and the second exercise resistance setting ---
Claim 6 is objected to because of the following informalities:
On line 1, “of claim 1 wherein” should be corrected to --- of claim 1, wherein---
Claim 9 is objected to because of the following informalities:
On line 1, “of claim 8 wherein” should be corrected to ---of claim 8, wherein---
Claim 10 is objected to because of the following informalities:
On line 1, “of claim 8 wherein” should be corrected to --- of claim 8, wherein ---
Claim 11 is objected to because of the following informalities:
On line 1, “of claim 9 wherein” should be corrected to --- of claim 9, wherein ---
Claim 12 is objected to because of the following informalities:
On line 1, “of claim 11 wherein” should be corrected to --- of claim 11, wherein ---
Claim 17 is objected to because of the following informalities:
On line 1, “of claim 8 wherein” should be corrected to --- of claim 8, wherein ---
Claim 18 is objected to because of the following informalities:
On line 1, “of claim 8 wherein” should be corrected to --- of claim 8, wherein ---
Claim 19 is objected to because of the following informalities:
On line 1, “of claim 18 wherein” should be corrected to --- of claim 8, wherein ---
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 17, the limitation “a first and second exercise resistance assembly” in lines 1-2 lacks antecedent basis and clarity. It is unclear if the “first and second exercise resistance assembly” is the same as the “exercise resistance assembly” claimed in claim 8.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 6, 8-12, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsieh (US Patent Pub. No. 2020/0298042; FD: 03/20/2020). The claim set within the response to election, dated 12/26/2025, is being examined.
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Regarding claim 1, Hsieh discloses a stepper exercise apparatus (Mini stepper 20; Figure 1), comprising: a) a frame (Front frame tube 21F and rear frame tube 21R; Figure 1), said frame including a front base member (Front frame tube 21F; Figure 1) and a rear base member (Rear frame tube 21R; Figure 1); b) a generally vertically extending post (Display housing 40; Figure 1) fixedly secured to said front base member (i.e., the post/display housing 40 extends upwards from the front base member/front frame tube 21F) c) a pair of foot support members (Foot pads 50R and 50L; Figure 1) pivotally connected to said post (i.e., the foot pads 50R and 50L are pivotably connected to the post/housing 40 by way of shaft 57 in Figure 8); d) a support bar (Central tube 23; Figure 1) interconnecting said post and said rear base member (i.e., the central tube 23 is connected to the post/housing 40 and the a rear base member/rear frame tube 21R); and e) an exercise resistance assembly (Pivot bracket 34, U-Bracket 33, push/pull shaft 32, resistance control 30, pistons 61R/L , and right/left link 73R/L; Figure 7) operably connecting said pair of foot support members (i.e., the resistance assembly provides a pedal link that controls the resistance level of the device; Para. [0047]-[0048]).
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Regarding claim 2, Hsieh discloses said exercise resistance assembly includes rocker levers (Left and right links 73L/R; Figure 8; i.e., the links 73L/R are levers that rock based on the movement of the bracket 34 as seen in Figure 7) rotatably connected to said post pivotal about a common axis (i.e., the rocker levers/left and right links 73L/R are pivotable about the common axis of the shaft 57).
Regarding claim 6, Hsieh discloses said exercise resistance assembly includes an exercise selector (Control knob 30; Figure 1) for adjusting an exercise resistance setting (i.e., the control knob 30 provides for different exercise resistance settings).
Regarding claim 8, Hsieh discloses a stepper exercise apparatus (Mini stepper 20; Figure 1), comprising: a) a frame (Front frame tube 21F and rear frame tube 21R; Figure 1) including a front base member (Front frame tube 21F; Figure 1) and a rear base member (Rear frame tube 21R; Figure 1); b) a generally vertically extending support member (Display housing 40; Figure 1) fixedly secured to said front base member (i.e., the post/display housing 40 extends upwards from the front base member/front frame tube 21F); c) a pair of foot pedals (Foot pads 50R and 50L; Figure 1) pivotally connected to said support member (i.e., the foot pads 50R and 50L are pivotably connected to the post/housing 40 by way of shaft 57 seen in Figure 8); and d) an exercise resistance assembly (Pivot bracket 34, U-Bracket 33, push/pull shaft 32, resistance control 30, and right/left link 73R/L, and pistons 61R/L; Figure 7) operably connecting said pair of foot pedals for dependent reciprocal movement (i.e., the links 73L/R are levers recpriocal levers that rock based on the movement of the bracket 34 as seen in Figure 7)
Regarding claim 9, Hsieh discloses said exercise resistance assembly includes an exercise resistance selector (Control knob 30; Figure 1) actuable to change a first exercise resistance setting to a second exercise resistance setting (i.e., the control knob 30 provides for different exercise resistance settings).
Regarding claim 10, Hsieh discloses said exercise resistance assembly includes a linear selector actuable (Push/pull shaft 32; Figure 7) to change a first exercise resistance setting to a second exercise resistance setting (i.e., the push pull shaft 32 allows for changing the vertical height movement of the pedals 50R/L allowing for larger amounts of extension of the pneumatic cylinders 61 R/L which in turn would allow for higher resistance settings; Para. [0045] and [0049]).
Regarding claim 11, Hsieh discloses said exercise resistance assembly includes a pair of cylinders (Pistons 61 R/L; Figure 1), a first end of each said pair of cylinders pivotally connected to a respective said pair of foot pedals, a second end of each said pair of cylinders pivotally connected to opposite ends of a transverse shaft (Shaft 57; Figure 8) movably connected to said front base member (i.e., the pistons 61 R/L are connected at one end to a respective foot pedal 50R/L and another end to the shaft 57 by way of pivots 64R/L).
Regarding claim 12, Hsieh discloses said exercise resistance selector is operatively connected to said transverse shaft to raise and lower said second end of each said pair of cylinders (i.e., the exercise resistance assembly/pivot bracket 34, U-Bracket 33, push/pull shaft 32, resistance control 30, and right/left link 73R/L, and pistons 61R/L is connected to the shaft 57 by way of housing 40 and raises/lowers the cylinders 61L/R by way of the push/pull shaft 32).
Regarding claim 17, Hsieh discloses a first and second exercise resistance assembly operatively connected to respective said pair of foot pedals (i.e., the Office is interpreting the first and second exercise resistance assembly to be the left and right sides of the resistance assembly/ Pivot bracket 34, U-Bracket 33, push/pull shaft 32, resistance control 30, and right/left link 73R/L, and pistons 61R/L).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (US Patent Pub. No. 2020/0298042; FD: 03/20/2020) in view of Chen (US Patent No. 5,628,709; DP: 05/13/1997).
Regarding claim 18, Hsieh discloses a support member (Display housing 40; Figure 1).
Hsieh does not disclose a generally vertically extending stanchion fixedly secured to said support member, and a handlebar fixedly secured to an upper region of said stanchion.
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Chen teaches an analogous stepper (See Figure 1 above) comprising a support member (Tubular sleeve 5; Figure 2) a generally vertically extending stanchion (Post 40; Figure 2) fixedly secured to said support member, and a handlebar (Grip portions 41; Figure 2) fixedly secured to an upper region of said stanchion (i.e., the handlebar/grip portions 41 are secured to the top of the stanchion/post 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support member of Hsieh to have the stanchion extension of Chen in order to provide support for a user during a stepper exercise.
Allowable Subject Matter
Claims 3-5 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, none of the prior art of record either alone or in combination
teach or suggest all the structural and functional limitations as recited in the claim, and more specifically, said exercise resistance assembly includes a gear disk rotatably secured to said post, and further including an actuator shaft operatively connected to a pair of exercise resistance members.
Regarding claim 19, none of the prior art of record either alone or in combination teach or suggest all the structural and functional limitations as recited in the claim, and more specifically, a right foot paddle and a left foot paddle pivotally connected to a right rack and a second rack, respectively, said right rack and said left rack movably supported by said support member, and further including a pinion gear interconnecting said right rack and said left rack and a locking rack slidably coupled to said left rack movable to locking engagement with said right rack.
The prior art of record Chen (US Patent No. 8,152,698; DP: 04/10/2012), Huang (US Patent No. 7,041,037; DP: 05/09/2006), Chen (US Patent No. 6,712,739; DP: 03/30/2004), Hsieh (US Patent Pub. No. 2020/0298042; FD: 03/20/2020), Chen (US Patent No. 5,628,709; DP: 05/13/1997), and Liao (US Patent Pub. No. 2005/0227818; PD:10/13/2205) fail to teach or render obvious objected to claims 3-5 and 19
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Notice of References Cited for additional pertinent prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784