DETAILED ACTION
Claims 1-8 are pending in the present application.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/19/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
In para. [0042], the list of reference numerals includes periods even though the figures and specification does not. For example, the Display is labeled 61 in Fig. 1 and para. [0033], and then labeled 6.1 in para. [0042]. The Examiner suggests that deleting the periods throughout para. [0042] would overcome this objection.
Appropriate correction is required.
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 2-5 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.
Regarding claim 2, there is a lack of antecedent basis for the phrase “the upper end of the fixed frame”. For the purpose of examination, the phrase has been read as “an upper end of the fixed frame”.
Regarding claim 3, there is a lack of antecedent basis for the phrase “the engagement member”. For the purpose of examination, the phrase has been read as “an engagement member”.
Regarding claim 4, there is a lack of antecedent basis for the phrase “the upper end of the adjusting screw”. For the purpose of examination, the phrase has been read as “an upper end of the adjusting screw”.
Regarding claim 5, this claim is rejected for failing to remedy the rejection of claims 2-4 above under 35 U.S.C. 112(b).
Allowable Subject Matter
Claims 1 and 6-8 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claims 1 and 6-8, Latiri (US PGPUB 2018/0345105 A1, hereinafter Latiri) represents the best art of record. However, Latiri fails to encompass all of the limitations of independent claim 1.
Regarding claim 1, Latiri teaches a measuring device for a swinging sports apparatus (see Fig. 2-3, all elements; see also Abstract), comprising: at least one pressure-holding unit (6) having a base (61), the base comprising a fixed frame (6111) having at least one pressure-holding assembly (611) and a top abutment member (see Fig. 3, vertical portion of 6111 considered a top abutment member); wherein the at least one pressure-holding assembly (611) includes an adjusting rod (6112), the adjusting screw being provided with a first pressure block (6113); wherein the base (61) is provided with a locking shaft hole (see Fig. 3, base 61 has locking shaft holes as shown), the locking shaft hole is threaded with a bolt (see Fig. 3, base 61 has locking shaft threaded holes for bolts as shown); wherein the pressure-holding unit is configured to rotate freely (see Fig. 8, pressure holding unit 6 may rotate freely as shown).
Latiri fails to specifically teach an adjusting screw connected to the adjusting rod; the first pressure block being connected to a second pressure block that can be freely connected and detached; and a limiting hole, the limiting hole is threaded with a limiting bolt; wherein the pressure-holding unit is configured to rotate freely with the bolt in the locking shaft hole as a center of rotation; and wherein the limiting hole and the limiting bolt restrict a rotation angle of the pressure-holding unit.
This allows for the measurement of three static mechanical characteristics, including length, weight, the center of mass, as well as horizontal rotational inertia of dynamic mechanical characteristics, thereby enhancing the efficiency of the measurement device for swing-type exercise equipment as described by the Applicant (see Specification, para. [0008]).
Hence the best prior art or record fails to teach the invention as set forth in independent claim 1 and the examiner can find no teachings for a measuring device for a swinging sprots apparatus as particularly claimed, nor reasons within the cited prior art or on his own to combine the elements of these references other than the applicant's own reasoning to fully encompass the current pending claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim 5 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL T WOODWARD whose telephone number is (571)270-0704. The examiner can normally be reached M-F: 9:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick Assouad can be reached at (571) 272-2210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL T WOODWARD/ Primary Examiner, Art Unit 2855