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 .
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 17/340,274, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. 17/340,274 does not provide support for “clamp removably attached to the handle, a device holder body removably attached to the clamp, the holder body comprising a front portion having a bottom end, a first side end, and a second side end, a bottom portion connected to the bottom end of the front portion, a back portion connected to the bottom portion, a first lateral portion connected to at least one of the first side end of the front portion, the bottom portion, or the back portion, a second lateral portion connected to at least one of the second side end of the front portion, the bottom portion, or the back portion.”
The priority date of the instant application is December 29, 2023.
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.
Claims 3 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 line 3 recites “wherein the shape corresponds” and it is unclear if this is the tongue shape, body opening shape, or handle shape. For the sake of compact prosecution, Examiner will interpret the shape to be the tongue shape.
Claim 9 recites the limitation "the tongue" in line 2. There is insufficient antecedent basis for this limitation in the claim as “a tongue” is introduced in claim 3. For the sake of compact prosecution, Examiner will interpret the tongue as newly introduced.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0147107 (“Leier et al”) in view of US 5,356,107 (“Sinohuiz”).
With respect to claim 1, Leier et al discloses An inversion table (Fig 1, able 100) comprising: a frame having a handle (Fog 1, frame 102 with handle 190b), a backrest rotatably connected to the frame (Fig 8, backrest 210).
Leier is silent on a clamp removably attached to the handle, a device holder body removably attached to the clamp, the holder body comprising a front portion having a bottom end, a first side end, and a second side end, a bottom portion connected to the bottom end of the front portion, a back portion connected to the bottom portion, a first lateral portion connected to at least one of the first side end of the front portion, the bottom portion, or the back portion, a second lateral portion connected to at least one of the second side end of the front portion, the bottom portion, or the back portion.
Sinohuiz teaches an analogous receptacle having a clamp removably attached to the handle (Fig 1, clamp 18 on handle 30), a device holder body removably attached to the clamp (Fig 2, device holder 12), the holder body comprising a front portion having a bottom end, a first side end, and a second side end, a bottom portion connected to the bottom end of the front portion, a back portion connected to the bottom portion, a first lateral portion connected to at least one of the first side end of the front portion, the bottom portion, or the back portion, a second lateral portion connected to at least one of the second side end of the front portion, the bottom portion, or the back portion (Fig 1, Fig 2, receptacle 12 can be interpreted to have a front, two side, and a back portion which together make up the circular receptacle; back portion with attaching member 14, front portion opposite, bottom portion below and connecting to each of the front, sides, and back).
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 receptacle of Leier et al to have the shape, attachment, and location as taught by Sinohuiz in order to have a sturdy and easily removable system (Sinohuiz col 2 ll 55-65).
With respect to claim 2, Leier et al/Sinohuiz discloses The inversion table of claim 1, wherein the handle has a cross sectional shape (Sinohuiz Fig 1, handle inherently has a cross section, interpreted as elongated based on Fig 1 and that it is a chair), the clamp further comprises a body having an opening with a shape corresponding to the cross-sectional shape of the handle (Sinohuiz Fig 1, Fig 3, clamp with an body 32 that is elongated and circular, attached to the chair so is corresponding in shape, opening 34), a groove in the body having a continuous shape along the longitudinal axis of the clamp (Sinohuiz Fig 3, Fig 2, groove between member 42 and 16 with a continuous corner shape along the longitudinal axis of the clamp), and a stop surface on the body located proximate an end of the groove (Sinohuiz Fig 2, stop surface is top of member 42).
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 receptacle of Leier et al to have the shape, attachment, and location as taught by Sinohuiz in order to have a sturdy and easily removable system (Sinohuiz col 2 ll 55-65).
With respect to claim 3, Leier et al/Sinohuiz discloses The inversion table of claim 2, wherein the device holder body further comprises a tongue having a continuous shape along the longitudinal axis of the body, wherein the shape corresponds to the shape of the groove (Sinohuiz Fig 2, tongue 38).
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 receptacle of Leier eta l to have the shape, attachment, and location as taught by Sinohuiz in order to have a sturdy and easily removable system (Sinohuiz col 2 ll 55-65).
With respect to claim 9, Leier et al/Sinohuiz discloses The inversion table of claim 2, wherein the device holder body further comprises a stop located proximate one end of the tongue (Sinohuiz Fig 3, tongue 38 is U-shaped, the closed portion of the shape, at the top of the tongue, is a stop).
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 receptacle of Leier et al to have the shape, attachment, and location as taught by Sinohuiz in order to have a sturdy and easily removable system (Sinohuiz col 2 ll 55-65).
With respect to claim 10, Leier et al/Sinohuiz discloses The inversion table of claim 2, wherein the device holder body has a top end with a slot in the top end (Sinohuiz Fig 1, Fig 2, receptacle 12 has a slot which extends within the front, two side, and a back portion) and a retention device located proximate the top end (Sinohuiz Fig 1, Fig 2, retention device 38 for retaining the clamp).
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 receptacle of Leier et al to have the shape, attachment, and location as taught by Sinohuiz in order to have a sturdy and easily removable system (Sinohuiz col 2 ll 55-65).
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Leier et al/Sinohuiz as applied to claim 2 above, and further in view of US 2017/0137080 (“White et al”).
With respect to claim 4, Leier et al/Sinohuiz discloses The inversion table of claim 2.
Leier et al/Sinohuiz is silent on wherein the clamp body further comprises a tightening mechanism.
White et al teaches an analogous clamp having clamp body further comprises a tightening mechanism (Fig 1b, Fig 1c, clamp 2 with tightening system 7, 6, 5).
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 clamp of Leier et al/Sinohuiz to have a tightening system as taught by White et al in order to ensure the system is tightly attached and the tightness is adjustable (White et al [0056]).
With respect to claim 5, Leier et al/Sinohuiz/White et al discloses The inversion table of claim 4, wherein the tightening mechanism comprises a first tab and a second tab each having an opening (White et al Fig 1c, clamp 2 tabs where recesses 7A and 4 are located, holes are therein for the bolt 6 to pass).
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 clamp of Leier et al/Sinohuiz to have a tightening system as taught by White et al in order to ensure the system is tightly attached and the tightness is adjustable (White et al [0056]).
With respect to claim 6, Leier et al/Sinohuiz/White et al discloses The inversion table of claim 5, wherein the first tab opening further comprises a hexagonal opening (White et al Fig 1c, [0056], hexagonal opening 4).
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 clamp of Leier et al/Sinohuiz to have a tightening system as taught by White et al in order to ensure the system is tightly attached and the tightness is adjustable (White et al [0056]).
With respect to claim 7, Leier et al/Sinohuiz/White et al discloses The inversion table of claim 6, wherein the second tab opening further comprises a cylindrical opening having a diameter larger than the tab opening (White et al Fig 1b, [0056], circular opening 7a).
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 clamp of Leier et al/Sinohuiz to have a tightening system as taught by White et al in order to ensure the system is tightly attached and the tightness is adjustable (White et al [0056]).
With respect to claim 8, Leier et al/Sinohuiz/White et al discloses The inversion table of claim 7, wherein the groove in the clamp body is located at an end of the clamp body opposite of the first tab and second tab (White et al Fig 1a, attachment grooves in attachment member 9 is opposite the body 2 from tabs).
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 clamp of Leier et al/Sinohuiz to have a tightening system as taught by White et al in order to ensure the system is tightly attached and the tightness is adjustable (White et al [0056]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cohen US 2919096- grooved clamp for a receptacle
Ihlenfeld US 3881677- grooved clamp for a receptacle
Fowler US 6505802- clamp for a receptacle
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D BAKER whose telephone number is (571)270-3333. The examiner can normally be reached Monday-Friday 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E Bredefeld can be reached at (571)270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM BAKER/ Primary Examiner, Art Unit 3786