Detailed Action
This is the Final Rejection based on application 18/409,359 filed on 01/10/2024, and which claims as amended on 09/03/2025 have been considered in the ensuing 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
Acknowledgement is made to the status of the instant application as a CIP of co-pending application 18/466,926, and as such the earliest date of priority of 09/14/2023 is granted to the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/15/2025 was filed after the mailing date of the Non-Final Rejection on 06/04/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendments have been sufficient to overcome the original drawing objections present in the Non-Final Action.
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. The limitations that use the word “means” (or step) are “attachment means configured to couple to the cord” in claim 5.
The specification of the instant application in paragraph [0054] states, “As one non-limiting example, the attachment means 136 can be a loop 138, as shown in the figures. The loop 138 can be adapted to receive a carabiner clip, snap hook, or any other suitable connecting element disposed on a handle or any other desired accessory.”
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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/660,597 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because while a funnel member is more narrow in scope than a grommet, the definition of a grommet is a circular tube or ring of metal or other material protecting the edge of a hole through which something such as a thread or rope is put, and the funnel as claimed having a having a first end having a first diameter and a second end having a second diameter, the first diameter being greater than the second diameter, the first end being disposed closer to the spool than the second end, anticipates the grommet of the instant application, which inherently includes a first end with a first diameter and a second end with a second diameter, and both perform the function of being disposed adjacent to the spool, whether the spool is included in a “driving assembly” which is part of the resistance assembly, or not, and configured to receive the cord therethrough.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application 18/409,359
Co-Pending Application 18/660,597
Claim 1:
A fitness device for use by a user, comprising: a resistance assembly including: a spool; a motor selectively engageable with the spool, the motor configured to generate a resistance force when engaged with the spool; a cord configured to be wound and unwound on the spool in multiple layers in response to a movement by the user; and a funnel member disposed adjacent to the spool and having a funnel configured to receive the cord therethrough and direct the cord out of the funnel member, the funnel having a first end having a first diameter and a second end having a second diameter, the first diameter being greater than the second diameter, the first end being disposed closer to the spool than the second end. The Examiner notes that a grommet, in the broadest reasonable interpretation can be considered a funnel, as it receives the cord and directs the cord out of the grommet, while also having a first diameter (the outer diameter) that is larger than the inner diameter.
Claim 1:
A fitness device for use by a user, comprising: a resistance assembly including: a driving assembly having: a spool; and a motor selectively engageable with the spool, the motor configured to generate a resistance force when engaged with the spool; a cord configured to be wound and unwound on the spool in multiple layers in response to a movement by the user; and a grommet disposed adjacent to the driving assembly and configured to receive the cord therethrough and direct the cord out of the resistance assembly.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1,3-7,9-12, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, and further in view of Woo US 20230414986 A1.
Regarding claim 1:
Gregory teaches a fitness device for use by a user (“A fitness training apparatus is disclosed which replaces a variety of free weights and weight-machines.” See paragraph [0007]), comprising: a resistance assembly (The examiner notes that the motors 31, shaft 32, spool/drum 22, cable 20, and handles 24 together comprise the resistance assemblies of the device) including: a spool (Spool 22 see figure 6); a motor (motor 31) selectively engageable with the spool (See figure 6 where the motors 31 of the load generators 30 are engaged with the spool through the shaft), the motor configured to generate a resistance force when engaged with the spool (“To this end, each load generator 30 of the fitness training apparatus 100 comprises at least one electric motor 31, such as a torque motor, that is variably operable to generate a range of torques for applying the selectively adjustable load to its respective retractable line 20.” See paragraph [0066]); a cord (cord 21) configured to be wound and unwound on the spool in multiple layers in response to a movement by the user (“Each retractable line 20 (i.e. cable 21) is configured and arranged to retract into a wound or coiled configuration in a retracted state on a spool or drum 22 provided in the base 10, i.e. mounted and supported on a frame 14 of the base 10” See paragraph [0065]).
Gregory fails to teach a funnel member disposed adjacent to the spool and having a funnel configured to receive the cord therethrough and direct the cord out of the funnel member, the funnel having a first end having a first diameter and a second end having a second diameter, the first diameter being greater than the second diameter, the first end being disposed closer to the spool than the second end. The examiner notes that the invention of Gregory appears to have a funnel shaped cable guide with a rectangular lip surface as depicted in the annotated figure below, however, no details are provided regarding this structure.
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Woo, however, teaches exercise equipment including a body provided with a mounting surface and a seating surface to support feet of a user, a load unit including a wire having one end disposed inside the body and an opposite end exposed to the mounting surface, and further teaches a funnel member (drawing-out hole cover 37. The examiner notes that the definition of a funnel is “a tube or pipe that is wide at the top and narrow at the bottom, used for guiding liquid or powder into a small opening”, and therefore the claim language having the funnel flipped opposite, is shown by the cover which has a wider diameter at the bottom, and a smaller diameter at the top.) disposed adjacent to the spool (The examiner notes that wire guide 3 which includes the funnel shaped drawing-out guide 36 and the drawing out hole cover 37 is positioned near the spool as shown in the figures 2a-2b. The definition of adjacent is “not distant” according to Merriam-Webster dictionary and without any further structural or functional limitations the drawing out hole cover is not distant and near the wire feeding spool of Woo),and having a funnel (cover body/dome 371) configured to receive the cord therethrough and direct the cord out of the funnel member (“The drawing-out hole cover 37 may include a cover body (or cover dome) 371 rotatably arranged inside the body 1 to close the lower drawing-out hole 362a, and a cover through-hole 372 formed through the cover body 371 to guide the opposite end of the wire 24 to the outside of the body 1.” See paragraph [0027] and figure 5), the funnel having a first end having a first diameter (See annotated figure 5) and a second end having a second diameter (See annotated figure 5), the first diameter being greater than the second diameter (As depicted in figure 5 the bottom first end has a wider diameter than the top second end of the rounded funnel shaped drawing-out hole cover), the first end being disposed closer to the spool than the second end (The examiner notes that as the first end is on the bottom and is the end which accepts the cord coming from the spool it is closer to the spool than the top end closer to the opening for the cable).
In addition, Woo teaches a cover (drawing-out guide 36) disposed adjacent to the funnel member (See figure 5), the cover including a hole (guide through-hole 362) therethrough for receiving the cord (See figure 5 which depicts the cord passing through the guide through--hole 362 ) and that the funnel member includes a lip disposed adjacent to the funnel (See annotated figure 5), and wherein the cover is disposed adjacent the second end of the funnel (See figure 5 which depicts the cover placed on top of the second end of the funnel).
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It would have been obvious to a person of ordinary skill in the art to modify the cable guide of Gregory to include a funnel member with a pivot cover and lip as taught by Woo, as Gregory already includes cable guide structures in order to guide the cable smoothly as it extends and retracts from the body of the exercise machine, and a funnel shape with a cover would make sure the cable can only move in the intended direction without slipping or jumping.
Regarding claim 2:
The fitness device of Claim 1, wherein the resistance assembly further includes a gearbox coupling the spool to the motor, the gearbox transferring the resistance force from the motor to the spool when engaged with the spool, and the gearbox altering a rotational ratio between the motor and the spool.
Regarding claim 3:
Gregory as modified by Woo teaches the fitness device of Claim 1, further including a cover disposed adjacent to the funnel member (See rejection of claim 1. The examiner further notes ns above, an embodiment with both a funnel member and a pivot cover is not shown and it appears the applicant is mixing alternative embodiments of the invention.) the cover including a hole therethrough for receiving the cord (See rejection of claim 1).
Regarding claim 4:
Gregory as modified by Woo teaches the fitness device of claim 1, wherein the funnel member includes a lip disposed adjacent to the funnel (See rejection of claim 1).
Regarding claim 5:
Gregory as modified discloses the fitness device of Claim 1, further including an attachment means configured to couple to the cord (“To this end, the free end region 23 of each cable 21 is configured (e.g. with a clip or clasp) for removable attachment of a handle 24 for manual operation by the user.” See paragraph [0065]).
Regarding claim 6:
Gregory as modified discloses the fitness device of Claim 1, further including an another resistance assembly (See figure 1 which depicts fitness assemblies on the left and right sides of the device).
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Regarding claim 7:
Gregory as modified discloses the fitness device of Claim 6, further including a performance unit (control device 40. The examiner notes that the performance unit of the instant application is stated in paragraph [0019] as “The performance unit 146 can relay to the user an exercise setting using an arbitrary scale of resistance which can be displayed to the user on a display 148 and monitor the exercise setting”, and therefore the control unit 40 of Gregory which detects that state of the cords, the motors, and adjusts the load settings thereof, and can connect to remote devices for more control, is a performance unit) for monitoring an exercise setting of the resistance assembly (“Furthermore, the control device 40, and particularly the processor 41, of the apparatus 100 is configured to calculate training performance based on the use of each cable 21 sensed or detected by the sensors 43 of the control device 40 for displaying the performance information on the user device 200.” See paragraph [0076]), the performance unit disposed between the resistance assembly and the another resistance assembly (See figure 1).
Regarding claim 9:
Gregory discloses the fitness device of Claim 7, wherein the performance unit includes a voice capture module configured to run or modify the exercise setting of the resistance assembly specified by the user (“The present invention may include one or more accessory devices for user input (such as a camera and/or a microphone) and/or for output to the user (such as loud-speakers and/or lighting).” See paragraph [0079]. The examiner notes that a microphone that uses the user’s voice as inputs is a voice capture module).
Regarding claim 10:
Gregory as modified discloses the fitness device of Claim 1, further including a programmable device configured for wireless communication with the resistance assembly (“The user device is configured for communication with the apparatus 100, preferably via the control device, for the input of training settings by the user (e.g. via a smart phone or similar device) and/or for displaying training information to the user during training.” See paragraph [0076]).
Regarding claim 11:
Gregory as modified discloses the fitness device of Claim 10, wherein the programmable device includes a processor and a non-transitory computer readable medium (The examiner notes that the smartphone as stated in the rejection of claim 10, which is the programmable device of Gregory, inherently includes a processor and non-transitory computer readable medium as all smartphones require processors and memory to function), the non-transitory computer readable medium including instructions configured to permit the user to remotely run or modify an exercise setting of the resistance assembly specified by the user (“In this regard, a software application installed on the user device for communication with the apparatus 100 for input of training settings and display of training information to the user.” See paragraph [0076]).
Regarding claim 12:
Gregory as modified discloses the fitness device of Claim 1, wherein the spool is frustoconical (See figure 6. The examiner notes that frustoconical is the shape of a frustrum of a cone, and therefore has no end point or tip with one side a circular diameter smaller than the other side of a larger circular diameter and therefore the conical cone discussed in claim 1 and shown above is frustoconical).
Regarding claim 17:
Gregory as modified discloses the fitness device of Claim 1, further including a voice capture module configured to run or modify an exercise setting of the resistance assembly specified by the user (“The present invention may include one or more accessory devices for user input (such as a camera and/or a microphone) and/or for output to the user (such as loud-speakers and/or lighting).” See paragraph [0079]. The examiner notes that a microphone that uses the user’s voice as inputs is a voice capture module).
Regarding claim 21:
Gregory as modified teaches the fitness device of Claim 3, wherein the cover is disposed adjacent the second end of the funnel (See rejection of claim 1, which claim 3 depends on).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, in view of Woo US 20230414986 A1, and further in view of Perry et al. US 20240108939 A1.
Gregory as modified by Woo teaches the invention as substantially claimed above.
Regarding claim 2:
Gregory as modified teaches the fitness device of Claim 1, but fails to teach wherein the resistance assembly further includes a gearbox coupling the spool to the motor, the gearbox transferring the resistance force from the motor to the spool when engaged with the spool, and the gearbox altering a rotational ratio between the motor and the spool.
Perry, however, teaches an improved line-based weight training machine that reduces line jamming, line friction, and/or line wear due to a slack line around a spool, and further teaches a gearbox coupling the spool to the motor (In one embodiment, the motor (106) is coupled to a line spool via a shaft, gearbox, belt, and/or chain, allowing the diameter of the motor (106) and the diameter of the spool to be independent, as well as introducing a stage to add a set-up or step-down ratio if desired.” See paragraph [0049]), the gearbox transferring the resistance force from the motor to the spool when engaged with the spool (“Gearboxes multiply torque and/or friction, divide speed, and/or split power to multiple spools.” See paragraph [0034]. The examiner notes that this limitation is merely a recitation of the function of a gearbox for a motor), and the gearbox altering a rotational ratio between the motor and the spool (As noted above in the citation of paragraph [0049] the gearboxes function is to provide rotation ratios for the motor and spool in order to adjust the load on the motor as it exerts forces on the cable spool).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the resistance assembly of Gregory to include a gearbox as taught by Perry as Gregory already utilizes transmission means in order to couple the motor to the spool and utilizing a gearbox with different gearing ratios as taught by Perry would allow the motors to exert more varied forces on the spool without overexerting the components.
Claim(s) 8 and16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, in view of Woo US 20230414986 A1, and further in view of Smith et al. US 20170319941 A1.
Gregory as modified by Woo teaches the invention as substantially claimed above.
Regarding claim 8:
Gregory as modified teaches the fitness device of Claim 7, but fails to teach wherein the performance unit includes a jog dial configured to run or modify the exercise setting of the resistance assembly specified by the user.
Smith, however, teaches an exercise machine may include a tower enclosing, at least in part, a cable and pulley system, a base supporting the tower on a surface, and a plurality of handles operatively coupled to the cable and pulley system and configured to extend from the tower, and further teaches a jog dial configured to run or modify the exercise setting of the resistance assembly specified by the user (“The resistance control 520 may be implemented using a mechanical control (e.g., a knob, a dial) or soft control (e.g., a touch sensitive switch), or combinations thereof.” See paragraph [0072]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the performance unit of Gregory to use a dial as an input device as taught by Smith in order to allow the user to make quick, precise adjustments to the load settings of the exercise device without needing to interact with a touchscreen or their mobile phone every time they want to change the resistance.
Regarding claim 16:
Gregory as modified teaches the fitness device of Claim 1, but fails to teach a jog dial configured to run or modify an exercise setting of the resistance assembly specified by the user.
Smith, however, teaches an exercise machine may include a tower enclosing, at least in part, a cable and pulley system, a base supporting the tower on a surface, and a plurality of handles operatively coupled to the cable and pulley system and configured to extend from the tower, and further teaches a jog dial configured to run or modify the exercise setting of the resistance assembly specified by the user (“The resistance control 520 may be implemented using a mechanical control (e.g., a knob, a dial) or soft control (e.g., a touch sensitive switch), or combinations thereof.” See paragraph [0072]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the performance unit of Gregory to use a dial as an input device as taught by Smith in order to allow the user to make quick, precise adjustments to the load settings of the exercise device without needing to interact with a touchscreen or their mobile phone every time they want to change the resistance.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, in view of Woo US 20230414986 A1, and further in view of Drayer et al. US 20240189651 A1.
Gregory as modified by Woo teaches the invention as substantially claimed above.
Regarding claim 15
Gregory teaches the fitness device of Claim 1, but fails to teach wherein the resistance assembly further includes a fan, whereby the fan cools the motor in operation.
Drayer, however, teaches a platform-based strength machine enables users to perform strength or lifting activities or exercises via moveable or configurable pull points, and further teaches wherein the resistance assembly further includes a fan, whereby the fan cools the motor in operation (“Further, the airflow channels 1626 that transfer heat away from a motor can utilize fans or other devices that blow air through the airflow channels 1626 and remove the heat from the heat sink 1414.” See paragraph [0252]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the resistance assembly of Gregory to include a fan as taught by Drayer, in order to prevent overheating and thereby preventing the device from breaking as a result of the motors being overexerted and parts failing.
Claim(s) 18-20, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, and further in view of Machovina et al. US 10155131 B2.
Regarding claim 18:
Gregory teaches a fitness device for use by a user (“A fitness training apparatus is disclosed which replaces a variety of free weights and weight-machines.” See paragraph [0007]), comprising: a resistance assembly (The examiner notes that the motors 31, shaft 32, spool/drum 22, cable 20, and handles 24 together comprise the resistance assemblies of the device) including: a spool having a first end and a second end (Spool 22 see figure 6), the first end having a diameter less than a diameter of the second end (“FIG. 6. shows an embodiment where the retractable line 20, and particularly the cable 21, is wound on a cone-shaped spool 22.” See paragraph [0071], and the examiner notes that the spool being stated as cone shaped and shown to be frustoconical as depicted in figure 6 shows that the first end has a smaller diameter than the second end); a motor (motor 31) selectively engageable with the spool (See figure 6 where the motors 31 of the load generators 30 are engaged with the spool through the shaft), the motor configured to generate a resistance force when engaged with the spool (“To this end, each load generator 30 of the fitness training apparatus 100 comprises at least one electric motor 31, such as a torque motor, that is variably operable to generate a range of torques for applying the selectively adjustable load to its respective retractable line 20.” See paragraph [0066]); and a cord (cord 21) configured to be wound and unwound on the spool in a single layer in response to a movement by the user (“The cable is circular in this example (i.e. as before) so there is no problem of inline twisting, as with strap. The cable 21 has a small profile and can be wound side-by-side, with the cone-shape promoting self-alignment of the cable on the spool 22.” See paragraph [0071]); and a pulley system having a first pulley (pulley(s) 26), the first pulley disposed adjacent to the spool (See figure 1 which depicts pulley(s) 26 near spool(s) 22) and configured to receive the cord (“To this end, the guide pulley 26 at the pre-tensioner is arranged to pivot or swivel about a vertical axis to guide cable 21 along the spool 22 as it winds and unwinds to prevent ‘jumping’ or overwinding of the cable 21 on spool 22 to achieve even spooling and no jamming/wedging.” See paragraph [0072] and figure 1 which depicts the cord winding from the spool to the pulleys).
Gregory fails to teach a ball joint and the ball joint having an opening therethrough configured to receive the cord; and a pivot cover disposed adjacent the ball joint and having a hole disposed therethrough for receiving the cord and directing the cord to exit the pulley system.
Machovina, however, teaches an exercise assembly structured to perform different rowing routines characterized different rowing motions including, a resistance device movable within a chamber cooperatively structured therewith to resist such movement, and a connector structure includes two connector members each attached to a handle and connected in driving relation to a different one of said drive sections, and further teaches a ball joint (Ball joint 28) and the ball joint having an opening (opening 31) therethrough configured to receive the cord (“This allows each of the connector members 32 and 34 to pass through the opening 31, where in the ball 28 is loosely disposed and movable within the low friction cavity. This enables the ball 28 to slide within the cavity and rotate in at least three dimensions.” See col.7 lines 11-15) and a pivot cover (ball joint mounting 27. The examiner notes that paragraph [0074] of the instant application’s specification states “A pivot cover 164 can be integral with or permanently or removably connected to one or more of the pulley mounting elements 128 or the ball joint 162, as shown in FIG. 20, where the pivot cover can include a hole 166 therethrough for receiving the cord 112.”, and therefore the ball joint mounting which is a cover attached to the ball joint and is described in col. 6 lines 62-66, as mounting the ball joint, and allowing the cable/cord connecter member 32 and 34 to pass through them and through the ball joint, are being considered the pivot covers)
disposed adjacent the ball joint (See figure 1) and having a hole disposed therethrough (The examiner notes the ball joint mount is open on one side to allow the ball joint, and cable to move freely)for receiving the cord and directing the cord to exit the pulley system (“As should be noted, each of the connector members 32 and 34 pass through the interior of the housing 12, through a ball joint mounting 27, which includes a ball 28, having an opening 31, and being movably disposed within a cavity 29.” See col. 6 lines 63-66 and figures 1 and 2 which show the cable being passed from the spool, through the cover, and then through the ball joint).
Machovina, further teaches wherein the pivot cover includes a first portion (See annotated figure 1) and a second portion (See annotated figure 1), the first portion disposed directly adjacent the ball joint (See annotated figure 1), the first portion having a first diameter (See annotated figure 1) and the second portion having a second diameter(See annotated figure 1), the first diameter being less than the second diameter (See annotated figure 1).
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It would have been obvious to a person of ordinary skill in the art to modify the cable guide of Gregory to include a ball joint with a hole as taught by Machovina, in order to allow the cable to travel in all directions while still being secured, and smoothly conveyed to the user to avoid any winding or jumping issues as it extends and retracts to and from the spool.
Regarding claim 19:
Gregory teaches a method of using a fitness device by a user (“One aspect of the present disclosure relates to a method for calibrating a fitness apparatus and accurately counting exercise repetitions thereon.” See paragraph [0023]), comprising: providing a fitness device (fitness training apparatus 100) including a resistance assembly (The examiner notes that the motors 31, shaft 32, spool/drum 22, cable 20, and handles 24 together comprise the resistance assemblies of the device) including: a spool having a first end and a second end (Spool 22 see figure 6), the first end having a diameter less than a diameter of the second end (“FIG. 6. shows an embodiment where the retractable line 20, and particularly the cable 21, is wound on a cone-shaped spool 22.” See paragraph [0071], and the examiner notes that the spool being stated as cone shaped and shown to be frustoconical as depicted in figure 6 shows that the first end has a smaller diameter than the second end); a motor (motor 31) selectively engageable with the spool (See figure 6 where the motors 31 of the load generators 30 are engaged with the spool through the shaft), the motor configured to generate a resistance force when engaged with the spool (“To this end, each load generator 30 of the fitness training apparatus 100 comprises at least one electric motor 31, such as a torque motor, that is variably operable to generate a range of torques for applying the selectively adjustable load to its respective retractable line 20.” See paragraph [0066]); a cord (cord 21) configured to be wound and unwound on the spool in a single layer in response to a movement by the user (“The cable is circular in this example (i.e. as before) so there is no problem of inline twisting, as with strap. The cable 21 has a small profile and can be wound side-by-side, with the cone-shape promoting self-alignment of the cable on the spool 22.” See paragraph [0071]); and a pulley system (“The retractable lines 20 are configured and arranged to be extended from the retracted state in a direction away from the base 10, preferably in an upwards or vertical direction, or through any of a range of angles to the vertical direction, or horizontally, as seen in FIG. 4. To this end, a path of travel of each retractable line 20 is guided by one or more pulleys 26 mounted in or on the base 10.” See paragraph[h [0067]) having a first pulley (pulley(s) 26), the first pulley disposed adjacent to the spool (See figure 1 which depicts pulley(s) 26 near spool(s) 22) and configured to receive the cord (“To this end, the guide pulley 26 at the pre-tensioner is arranged to pivot or swivel about a vertical axis to guide cable 21 along the spool 22 as it winds and unwinds to prevent ‘jumping’ or overwinding of the cable 21 on spool 22 to achieve even spooling and no jamming/wedging.” See paragraph [0072] and figure 1 which depicts the cord winding from the spool to the pulleys); and moving the cord by the user so that the cord is one of wound and unwound on the spool (The examiner notes that this limitation is simply claiming the function of a cable exercise machine, and that as stated in paragraph [0066] the invention of Gregory also requires the user to move the cord where it states, “The spool or drum 22 upon which the retractable line 20 is wound or coiled in the retracted state is mounted on a shaft 32 coupled with a rotor of the at least one electric motor 31. The load applied to each retractable line 20 by the respective load generator 30 resists or acts against a force applied in use to the free end region 23 by the user for extending the retractable lines 20 from the retracted state to the extended state.” )
Gregory fails to teach a ball joint and the ball joint having an opening therethrough configured to receive the cord; and a pivot cover disposed adjacent the ball joint and having a hole disposed therethrough for receiving the cord and directing the cord to exit the pulley system.
Machovina, however, teaches an exercise assembly structured to perform different rowing routines characterized different rowing motions including, a resistance device movable within a chamber cooperatively structured therewith to resist such movement, and a connector structure includes two connector members each attached to a handle and connected in driving relation to a different one of said drive sections, and further teaches a ball joint (Ball joint 28) and the ball joint having an opening (opening 31) therethrough configured to receive the cord (“This allows each of the connector members 32 and 34 to pass through the opening 31, where in the ball 28 is loosely disposed and movable within the low friction cavity. This enables the ball 28 to slide within the cavity and rotate in at least three dimensions.” See col.7 lines 11-15) and a pivot cover (ball joint mounting 27. The examiner notes that paragraph [0074] of the instant application’s specification states “A pivot cover 164 can be integral with or permanently or removably connected to one or more of the pulley mounting elements 128 or the ball joint 162, as shown in FIG. 20, where the pivot cover can include a hole 166 therethrough for receiving the cord 112.”, and therefore the ball joint mounting which is a cover attached to the ball joint and is described in col. 6 lines 62-66, as mounting the ball joint, and allowing the cable/cord connecter member 32 and 34 to pass through them and through the ball joint, are being considered the pivot covers)
disposed adjacent the ball joint (See figure 1) and having a hole disposed therethrough (The examiner notes the ball joint mount is open on one side to allow the ball joint, and cable to move freely)for receiving the cord and directing the cord to exit the pulley system (“As should be noted, each of the connector members 32 and 34 pass through the interior of the housing 12, through a ball joint mounting 27, which includes a ball 28, having an opening 31, and being movably disposed within a cavity 29.” See col. 6 lines 63-66 and figures 1 and 2 which show the cable being passed from the spool, through the cover, and then through the ball joint).
Regarding claim 20:
Gregory as modified discloses the method of using a fitness device of Claim 19, further comprising a member selected from a group consisting of (The examiner notes that the phrase “comprising a member selected from the group” requires only one out of the following possibilities are necessary for the invention): positioning the fitness device in a desired location and orientation (“As noted above, the base 10 in this embodiment is configured as a platform or step upon which the user may stand, sit, or lie while performing training exercises.” See paragraph [0067]. The examiner notes that the platform must be placed in a desired location and the orientation can be adjusted by the user, as the user can move the platform, and its bench configuration as shown in figure 5); securing the fitness device in a selected position; adjusting an exercise setting on the fitness device (“The control device 40 is configured to adjust the load applied to each cable 21 by the motors 31 of the load generators 30 in dependence upon the use or operation of each retractable line 20. That is, the load generators 30 of the apparatus 100 are controlled via the control device 40 to adjust the load applied to cable 21 during extension of the cable 21 to the extended state and/or during retraction of the cable 21 to the retracted state.” See paragraph [0073]); selectively engaging the cord (The examiner notes that if the user is exercising with the machine they are engaging the cord, and this limitation appears to simply be claiming exercising with the device); and combinations thereof.
Regarding claim 22:
Gregory as modified by Machovina teaches the fitness device of Claim 18, wherein the pivot cover includes a first portion and a second portion (See rejection of claim 18), the first portion disposed directly adjacent the ball joint (See rejection of claim 18), the first portion having a first diameter (See rejection of claim 18) and the second portion having a second diameter (See rejection of claim 18), the first diameter being less than the second diameter (See rejection of claim 18).
Response to Arguments
Applicant's arguments filed 09/03/2025 have been fully considered but they are not persuasive.
With respect to the arguments regarding the previous rejection of independent claim 1 in view of the combination of Gregory and Woo, the examiner respectfully disagrees. As noted in the rejection presented above in view of the amendments made to the claim, the funnel being flipped so that the larger diameter end is towards the spool is shown when the guiding-out cover of Woo, which has the shape of a rounded upside down funnel with a larger open bottom end and a narrower top end, is considered as the funnel structure. Furthermore, the examiner notes that claim 1 has been rejected due to non-statutory double patenting with co-pending application 18/660,597 for the structures of the funnel and grommet being the only difference between the claims.
In regards to the arguments made with respect to the rejections of claims 18-20 in view of the combination of Gregory and Machovina, the examiner respectfully disagrees and the rejection has been maintained. Machovina teaches the ball joint, guiding a cable out for the user to pull/use while exercising, and the addition of the pivot cover which is as claimed is only required to be adjacent to the ball joint and have a hole for the cable to pass through is also shown by Machovina, with Gregory having guding structures for the cables from the pulleys through a housing/cover, the replacement of the rollers with a ball joint is obvious to allow for more movement of the cable in different directions as noted in the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/JONATHAN A DICUIA/ Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784