DETAILED ACTION
This is a second Non-Final Office Action in response to applicant’s amendments filed 07/19/2025 and in view of an updated interpretation of the claims and previously cited but not relied upon prior art. The previous indication of allowable subject matter has been withdrawn, except with respect to claims 24-25. See new grounds of rejection below.
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 .
Response to Amendment
The amendment filed 07/19/2025 has been entered. Applicant’s amendments to the Specification and Claims have overcome each and every objection and some of the 35 U.S.C. 112(b) rejection previously set forth in the Non-Final Office Action mailed 07/10/2025.
Claim 16 has been cancelled.
Claims 1-15 and 17-25 are currently pending and considered below.
Claim Objections
Claim 22 objected to because of the following informalities:
Claim 22, line 2, “more cam lobes” should read ---more respective cam lobes---
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.
Claims 9 and 13 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 9 recites “the second weight” in line 1 and “the second axially extending opening” in line 3. There is insufficient antecedent basis for these limitations in the claim.
Claim 13 recites “the second weight” in line 1 and “the second axially extending opening” in line 3. There is insufficient antecedent basis for these limitations in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-7, 12, 14, 17-23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Svenberg (US 11,918,842).
Regarding independent claim 1, Svenberg discloses a weight lifting apparatus (21), comprising:
a weight lifting device (dumbbell 25), comprising
a handle (33),
a first cam (indexing cam surface 123) non-rotatably mounted on the handle (col. 6 lines 49-52, “The indexing arrangement can include an indexing cam surface 123 attached to the handle 33. In a presently preferred embodiment, the indexing cam surface 123 is an exterior surface of an end portion of the handle 33”),
a second cam (gear housing 67 with cam surface 111) non-rotatably mounted on the handle (col. 4 lines 41-42, “a gear housing 67 can be non-rotatably attached at an end 37 of the handle 33”),
a housing (35, 39) rotatably mounted on the handle, the handle being rotatable relative to the housing (col. 2 line 64 – col. 3 line 1, “The bar 31 comprises a handle 33 and an anchorage 35 rotatably mounted to an end 37 of the handle. Another anchorage 39, which may be substantially identical to the anchorage 35, is rotatably mounted to the other end 41 of the handle 33”),
a first cam follower (pin 133) disposed in the housing and in contact with a first cam surface of the first cam and radially movable between a first cam follower retracted position (innermost position) and first cam follower extended position (outermost position; col. 6 line 63 – col. 7 line 6, “A spring loaded, radially extending indexing pin 133 is movably attached to the anchorage 35 and movable between an innermost position (seen in, e.g., FIGS. 4-11) in which an innermost end 135 (e.g., FIGS. 10-11) of the indexing pin 133 contacts the second portion 131 of the indexing cam surface 123 when the handle 33 is rotated to an indexing position relative to the anchorage 35 and an outermost position (FIG. 12) in which the innermost end of the indexing pin contacts the first portion 129 of the indexing cam surface when the handle is rotated to a non-indexing position relative to the anchorage.”), and
a second cam follower (pin 97) disposed in the housing and in contact with a second cam surface of the second cam and radially movable between a second cam follower retracted position (innermost position) and a second cam follower extended position (outermost position; col. 6 lines 36-45, “When the first portion 113 of the can surface 111 contacts the inner end of the pin 97, the pin is moved radially outward to the outermost position and the spring 119 is compressed against the inner surface of the pin housing. When the second portion 115 of the cam surface 111 is moved below the pin 97, the spring 97 presses at one end against the inner surface of the pin housing 121 and at the other end against an inner surface of the pin and moves the pin inwardly to the innermost position.”),
wherein the first cam has at least one first cam lobe (first portions 129 of indexing cam surface 123) and the second can has at least one second cam lobe (first portions 113 of cam surface 111), and the first cam and the second cam have a different number of respective cam lobes (see Fig. 5; col. 7 lines 47-51, “the indexing cam surface 123 will be configured to have twice as many first and second portions 129 and 131 as the cam surface 111 for contacting the pins 97 for the auxiliary weights 27 on the exterior surface 109 of the gear housing 67”).
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Regarding claim 2, Svenberg further discloses wherein, upon rotation of the handle relative to the housing to a first position, the first cam follower is in the first cam follower extended position (outermost position of pin 133 when engaged with first portion 129 of indexing cam surface 123; see col. 6 line 63 – col. 7 line 6).
Regarding independent claim 3, Svenberg discloses a weight lifting apparatus (21), comprising:
a weight lifting device (dumbbell 25), comprising
a handle (33),
a first cam (indexing cam surface 123) non-rotatably mounted on the handle (col. 6 lines 49-52, “The indexing arrangement can include an indexing cam surface 123 attached to the handle 33. In a presently preferred embodiment, the indexing cam surface 123 is an exterior surface of an end portion of the handle 33”),
a second cam (gear housing 67 with cam surface 111) non-rotatably mounted on the handle (col. 4 lines 41-42, “a gear housing 67 can be non-rotatably attached at an end 37 of the handle 33”),
a housing (35, 39) rotatably mounted on the handle, the handle being rotatable relative to the housing (col. 2 line 64 – col. 3 line 1, “The bar 31 comprises a handle 33 and an anchorage 35 rotatably mounted to an end 37 of the handle. Another anchorage 39, which may be substantially identical to the anchorage 35, is rotatably mounted to the other end 41 of the handle 33”),
a first cam follower (pin 133) disposed in the housing and in contact with a first cam surface of the first cam and radially movable between a first cam follower retracted position (innermost position) and first cam follower extended position (outermost position; col. 6 line 63 – col. 7 line 6, “A spring loaded, radially extending indexing pin 133 is movably attached to the anchorage 35 and movable between an innermost position (seen in, e.g., FIGS. 4-11) in which an innermost end 135 (e.g., FIGS. 10-11) of the indexing pin 133 contacts the second portion 131 of the indexing cam surface 123 when the handle 33 is rotated to an indexing position relative to the anchorage 35 and an outermost position (FIG. 12) in which the innermost end of the indexing pin contacts the first portion 129 of the indexing cam surface when the handle is rotated to a non-indexing position relative to the anchorage.”), wherein, upon rotation of the handle relative to the housing to a first position, the first cam follower is in the first cam follower extended position (outermost position of pin 133 when engaged with first portion 129 of indexing cam surface 123; see col. 6 line 63 – col. 7 line 6), and
a second cam follower (pin 97) disposed in the housing and in contact with a second cam surface of the second cam and radially movable between a second cam follower retracted position (innermost position) and a second cam follower extended position (outermost position; col. 6 lines 36-45, “When the first portion 113 of the can surface 111 contacts the inner end of the pin 97, the pin is moved radially outward to the outermost position and the spring 119 is compressed against the inner surface of the pin housing. When the second portion 115 of the cam surface 111 is moved below the pin 97, the spring 97 presses at one end against the inner surface of the pin housing 121 and at the other end against an inner surface of the pin and moves the pin inwardly to the innermost position.”), and
a first weight (auxiliary weight disc 27) having a first axially extending opening (105, Fig. 13-15) in which the handle is receivable, the first weight having a first radially extending opening (107), wherein, when the handle is received in the first axially extending opening of the first weight and the handle is rotated relative to the housing to the first position, at least a portion of the first cam follower is received in the first radially extending opening of the first weight (col. 5 lines 38-41, “The auxiliary weight 27 also comprises one or more radially extending pin openings 107 adapted to receive the outer end 101 of the pin 97 when the pin is in the outermost position to attach the weight to the anchorage.”).
Regarding claim 5, Svenberg discloses wherein, upon rotation of the handle relative to the housing to a second position, the first cam follower is in the first cam follower retracted position (innermost position of pin 133 when engaged with second portion 131 of indexing cam surface 123; see col. 6 line 63 – col. 7 line 6).
Regarding claim 6, Svenberg discloses wherein, upon rotation of the handle relative to the housing to the second position, the second cam follower is in the second cam follower extended position (outermost position of pin 97 when engaged with first portion 113 of the cam surface 111; see Fig. 5; see col. 6 lines 36-45; as handle 33 rotates, a second portion 131 of indexing cam surface 123 is capable of engaging with pin 133 such that pin 133 is in the retracted/innermost position while a first portion 113 of cam surface 111 engages with pin 97 such that pin 97 is in the extended/outermost position).
Regarding claim 7, Svenberg discloses wherein, upon rotation of the handle relative to the housing to the second position, the second cam follower is in the second cam follower retracted position (innermost position of pin 97 when engaged with first portion 115 of the cam surface 111; see Fig. 5; see col. 6 lines 36-45; as handle 33 rotates, a second portion 131 of indexing cam surface 123 is capable of engaging with pin 133 such that pin 133 is in the retracted/innermost position while a second portion 115 of cam surface 111 engages with pin 97 such that pin 97 is in the retracted/innermost position).
Regarding claim 12, Svenberg discloses wherein, upon rotation of the handle relative to the housing to a second position, the first cam follower is in the first cam follower retracted position (innermost position of pin 133 when engaged with second portion 131 of indexing cam surface 123; see col. 6 line 63 – col. 7 line 6), and wherein upon rotation of the handle relative to the housing to a third position, the first cam follower is in the first cam follower retracted position while the second cam follower is in the second cam follower retracted position (innermost position of pin 97 when engaged with first portion 115 of the cam surface 111; see Fig. 5; see col. 6 lines 36-45; as handle 33 rotates, a second portion 131 of indexing cam surface 123 is capable of engaging with pin 133 such that pin 133 is in the retracted/innermost position while a second portion 115 of cam surface 111 engages with pin 97 such that pin 97 is in the retracted/innermost position).
Regarding independent claim 14, Svenberg discloses a weight lifting apparatus (21), comprising:
a weight lifting device (dumbbell 25), comprising
a handle (33),
a first cam (indexing cam surface 123) non-rotatably mounted on the handle (col. 6 lines 49-52, “The indexing arrangement can include an indexing cam surface 123 attached to the handle 33. In a presently preferred embodiment, the indexing cam surface 123 is an exterior surface of an end portion of the handle 33”),
a second cam (gear housing 67 with cam surface 111) non-rotatably mounted on the handle (col. 4 lines 41-42, “a gear housing 67 can be non-rotatably attached at an end 37 of the handle 33”),
a housing (35, 39) rotatably mounted on the handle, the handle being rotatable relative to the housing (col. 2 line 64 – col. 3 line 1, “The bar 31 comprises a handle 33 and an anchorage 35 rotatably mounted to an end 37 of the handle. Another anchorage 39, which may be substantially identical to the anchorage 35, is rotatably mounted to the other end 41 of the handle 33”),
a first cam follower (pin 133) disposed in the housing and in contact with a first cam surface of the first cam and radially movable between a first cam follower retracted position (innermost position) and first cam follower extended position (outermost position; col. 6 line 63 – col. 7 line 6, “A spring loaded, radially extending indexing pin 133 is movably attached to the anchorage 35 and movable between an innermost position (seen in, e.g., FIGS. 4-11) in which an innermost end 135 (e.g., FIGS. 10-11) of the indexing pin 133 contacts the second portion 131 of the indexing cam surface 123 when the handle 33 is rotated to an indexing position relative to the anchorage 35 and an outermost position (FIG. 12) in which the innermost end of the indexing pin contacts the first portion 129 of the indexing cam surface when the handle is rotated to a non-indexing position relative to the anchorage.”),
a second cam follower (pin 97) disposed in the housing and in contact with a second cam surface of the second cam and radially movable between a second cam follower retracted position (innermost position) and a second cam follower extended position (outermost position; col. 6 lines 36-45, “When the first portion 113 of the can surface 111 contacts the inner end of the pin 97, the pin is moved radially outward to the outermost position and the spring 119 is compressed against the inner surface of the pin housing. When the second portion 115 of the cam surface 111 is moved below the pin 97, the spring 97 presses at one end against the inner surface of the pin housing 121 and at the other end against an inner surface of the pin and moves the pin inwardly to the innermost position.”), and
a first weight (auxiliary weight disc 27) having a first axially extending opening (105, Fig. 13-15) in which the handle is receivable, the first weight having a first radially extending opening (107), at least a portion of the first cam follower being receivable in the first radially extending opening when the handle is received in the first axially extending opening (col. 5 lines 38-41, “The auxiliary weight 27 also comprises one or more radially extending pin openings 107 adapted to receive the outer end 101 of the pin 97 when the pin is in the outermost position to attach the weight to the anchorage.”).
Regarding claim 17, Svenberg further discloses wherein a point at a maximum distance from a center axis of the handle on at least one of the at least one first cam lobes (129) and a point at a maximum distance from the center axis of the handle on at least one of the at least one second cam lobes (113) are disposed at a same angular position relative to the center axis of the handle (33; see Figs. 5, 10-11; as handle 33 rotates, first cam lobes/first portions 129 of the first cam/indexing cam surface 123 and second cam lobes/first portions 113 of second cam/gear housing 67 with cam surface 111 similarly rotate, such that the first and second cam lobes are capable of achieving the same angular position relative to the center axis of the handle at a point during rotation of the handle).
Regarding claim 18, Svenberg further discloses wherein the first cam follower (133) and the second cam (97) follower are disposed in the housing at different axial positions along a longitudinal axis of the housing (see Fig. 5).
Regarding claim 19, Svenberg further discloses wherein the first cam (123) has more respective cam lobes (129) than the second cam (67, 111; col. 7 lines 47-51, “the indexing cam surface 123 will be configured to have twice as many first and second portions 129 and 131 as the cam surface 111 for contacting the pins 97 for the auxiliary weights 27 on the exterior surface 109 of the gear housing 67”).
Regarding claim 20, Svenberg further discloses wherein, at different axial positions along the handle than the first cam, the second cam, and the housing, a second first cam is non-rotatably mounted on the handle, a second second cam is non-rotatably mounted on the handle, and a second housing is rotatably mounted on the handle (col. 2 line 65 – col. 3 line 5, “Another anchorage 39, which may be substantially identical to the anchorage 35, is rotatably mounted to the other end 41 of the handle 33. For purposes of discussion, the invention will be primarily described in connection with the anchorage 35, it being understood that the discussion regarding the anchorage 35 can generally also apply to the anchorage 39, except where otherwise noted” indicating housing/anchorage 39 houses a second first cam/indexing cam surface 123 and a second second cam/gear housing 67 with cam surface 111 in the same manner as housing/anchorage 35).
Regarding claim 21, Svenberg further discloses wherein the first cam and the second cam are mounted on the handle at different axial positions from each other along the longitudinal axis of the handle (see Fig. 5), and the second first cam and the second second cam are mounted on the handle at different axial positions from each other along the longitudinal axis of the handle (see col. 2 line 65 – col. 3 line 5, indicating housing/anchorage 39 will be identical to housing/anchorage 35).
Regarding claim 22, Svenberg further discloses wherein the first cam (123) has more cam lobes (129) than the second cam (67, 111; col. 7 lines 47-51, “the indexing cam surface 123 will be configured to have twice as many first and second portions 129 and 131 as the cam surface 111 for contacting the pins 97 for the auxiliary weights 27 on the exterior surface 109 of the gear housing 67”).
Regarding claim 23, Svenberg further discloses wherein the first cam and the second first cam are mounted on the handle axially between the second cam and the second second cam (see Fig. 5 and col. 2 line 65 – col. 3 line 5; first cams 123 mounted between second cams 67, 111).
Claims 3-4 and 8-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lippitt (US 7,578,772).
Regarding independent claim 3, Lippitt discloses a weight lifting apparatus (10), comprising:
a weight lifting device (dumbbell of apparatus 10), comprising
a handle (weight selector bar 22),
a first cam (60d) non-rotatably mounted on the handle (col. 4 lines 9-10, “the selector member 22 includes first and second sets of cam surfaces 60 and 62.”),
a second cam (60c) non-rotatably mounted on the handle (col. 4 lines 9-10),
a housing (outer tubular structure 38) rotatably mounted on the handle, the handle being rotatable relative to the housing (col. 3 lines 4-7, “The selector member 22 is mounted within the outer tubular structure 38 for movement into a number of operative positions equal in number to the number of weights in each set 16 and 18” and col. 3 lines 31-35, “Such means may be a simple spring pressed indexing ball carried by the outer tubular structure 38 so as to move into successive ball receiving recesses on the periphery of the selector member 22 as the selector member 22 is rotated.”),
a first cam follower (34d) disposed in the housing and in contact with a first cam surface of the first cam and radially movable between a first cam follower retracted position and a first cam follower extended position (see Fig. 7 showing equivalent first cam 62d interacting with associated balls 34d; col. 4 lines 11-14, “The cam surfaces 60 and 62 are configured to accomplish weight retention by cam surface portions which extend radially outwardly sufficiently to move and/or maintain the associated balls 34 outwardly of the associated passages 36”), wherein, upon rotation of the handle relative to the housing to a first position, the first cam follower is in the first cam follower extended position (as handle/weight selector bar 22 rotates, first cam follower/balls 34d will move to an extended position in which first cam follower/balls 34d engage with respective recesses 44d in the extended position), and
a second cam follower (34c) disposed in the housing and in contact with a second cam surface of the second cam and radially movable between a second cam follower retracted position and second cam follower extended position (see Fig. 6 showing equivalent second cam 62c interacting with associated balls 34c; col. 4 lines 11-14), and
a first weight (16d) having a first axially extending opening (through radial opening 24) in which the handle is receivable, the first weight having a first radially extending opening (recesses 44d), wherein, when the handle is received in the first axially extending opening of the first weight and the handle is rotated relative to the housing to the first position, at least a portion of the first cam follower is received in the first radially extending opening of the first weight (as handle/weight selector bar 22 rotates, first cam follower/balls 34d will move to an extended position in which first cam follower/balls 34d engage with respective recesses 44d in the extended position).
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Regarding claim 4, Lippitt further discloses a second weight (16c) having a second axially extending opening (through radial opening 24) in which the handle is receivable, the second weight having a second radially extending opening (recesses 44c), wherein, when the handle is received in the second axially extending opening of the second weight and the handle is rotated relative to the housing to a second position, at least a portion of the second cam follower (34c) is received in the second radially extending opening of the second weight (as handle/weight selector bar 22 rotates, second cam follower/balls 34c will move to an extended position in which second cam follower/balls 34c engage with respective recesses 44c in the extended position).
Regarding claim 8, Lippitt further discloses wherein, upon rotation of the handle relative to the housing to a second position, the first cam follower is in the first cam follower retracted position (as handle/weight selector bar 22 continues to rotate, first cam follower/balls 34d will move to a retracted position in which first cam follower/balls 34d disengage with respective recesses 44d in the retracted position; see Fig. 7 and col. 5 lines 26-45), wherein upon rotation of the handle relative to the housing to a third position, the first cam follower is in the first cam follower extended position and the second cam follower is in the second cam follower extended position (as handle/weight selector bar 22 continues to rotate, there will be a point where first cam follower/balls 34d will move to an extended position in which first cam follower/balls 34d engage with respective recesses 44d in the extended position and second cam follower/balls 34c will move to an extended position in which second cam follower/balls 34c engage with respective recesses 44c in the extended position; see Figs. 6-7 and col. 5 lines 26-45).
Regarding claim 9, Lippitt further discloses wherein the second weight (16c) has a second radially extending opening (recesses 44c) and when the handle is received in the first axially extending opening of the first weight and in the second axially extending opening of the second weight (through radial opening 24 of each of weights first weight 16d and second weight 16c) and the handle is rotated relative to the housing to the third position, at least a portion of the first cam follower is received in the first radially extending opening of the first weight and at least a portion of the second cam follower is received in the second radially extending opening of the second weight (when both the first cam follower/balls 34d and the second cam follower/balls 34c are in the extended positions, at least a portion of each of the first cam follower/balls 34d and the second cam follower/balls 34c will be engaged with the respective radially extending openings/recesses 44d, 44c).
Regarding claim 10, Lippitt further discloses wherein upon rotation of the handle relative to the housing to a fourth position, the first cam follower is in the first cam follower retracted position and the second cam follower is in the second cam follower retracted position (as handle/weight selector bar 22 continues to rotate, there will be a point where first cam follower/balls 34d will move to a retracted position in which first cam follower/balls 34d disengage with respective recesses 44d in the retracted position and second cam follower/balls 34c will move to a retracted position in which second cam follower/balls 34c also disengage with respective recesses 44c in the retracted position; see Figs. 6-7 and col. 5 lines 26-45).
Regarding claim 11, Lippitt further disclose wherein, when the handle is received in the first axially extending opening of the first weight and in the second axially extending opening of the second weight (through radial opening 24 of each of weights first weight 16d and second weight 16c) and the handle is rotated relative to the housing to the fourth position, no portion of the first cam follower is received in the first radially extending opening of the first weight and no portion of the second cam follower is received in the second radially extending opening of the second weight (when both the first cam follower/balls 34d and the second cam follower/balls 34c are in the retracted positions, no portion of the first cam follower/balls 34d or the second cam follower/balls 34c will be engaged with the respective radially extending openings/recesses 44d, 44c).
Regarding claim 12, Lippitt further discloses wherein, upon rotation of the handle relative to the housing to a second position, the first cam follower is in the first cam follower retracted position (as handle/weight selector bar 22 continues to rotate, first cam follower/balls 34d will move to a retracted position in which first cam follower/balls 34d disengage with respective recesses 44d of housing 38 in the retracted position; see Fig. 7 and col. 5 lines 26-45), wherein upon rotation of the handle relative to the housing to a third position, the first cam follower is in the first cam follower retracted position and the second cam follower is in the second cam follower retracted position (as handle/weight selector bar 22 continues to rotate, there will be a point where first cam follower/balls 34d will move to a retracted position in which first cam follower/balls 34d disengage with respective recesses 44d in the retracted position and second cam follower/balls 34c will move to a retracted position in which second cam follower/balls 34c disengage with respective recesses 44c in the retracted position; see Figs. 6-7 and col. 5 lines 26-45).
Regarding claim 13, Lippitt further discloses wherein the second weight (16c) has a second radially extending opening (recesses 44c) and when the handle is received in the first axially extending opening of the first weight and in the second axially extending opening of the second weight (through radial opening 24 of each of weights first weight 16d and second weight 16c) and the handle is rotated relative to the housing to the third position, no portion of the first cam follower is received in the first radially extending opening of the first weight and no portion of the second cam follower is received in the second radially extending opening of the second weight (when both the first cam follower/balls 34d and the second cam follower/balls 34c are in the retracted positions, no portion of the first cam follower/balls 34d or the second cam follower/balls 34c will be engaged with the respective radially extending openings/recesses 44d, 44c).
Regarding independent claim 14, Lippitt discloses a weight lifting apparatus (10), comprising:
a weight lifting device (dumbbell of apparatus 10), comprising
a handle (weight selector bar 22),
a first cam (60d) non-rotatably mounted on the handle (col. 4 lines 9-10, “the selector member 22 includes first and second sets of cam surfaces 60 and 62.”),
a second cam (60c) non-rotatably mounted on the handle (col. 4 lines 9-10),
a housing (outer tubular structure 38) rotatably mounted on the handle, the handle being rotatable relative to the housing (col. 3 lines 4-7, “The selector member 22 is mounted within the outer tubular structure 38 for movement into a number of operative positions equal in number to the number of weights in each set 16 and 18” and col. 3 lines 31-35, “Such means may be a simple spring pressed indexing ball carried by the outer tubular structure 38 so as to move into successive ball receiving recesses on the periphery of the selector member 22 as the selector member 22 is rotated.”),
a first cam follower (34d) disposed in the housing and in contact with a first cam surface of the first cam and radially movable between a first cam follower retracted position and a first cam follower extended position (see Fig. 7 showing equivalent first cam 62d interacting with associated balls 34d; col. 4 lines 11-14, “The cam surfaces 60 and 62 are configured to accomplish weight retention by cam surface portions which extend radially outwardly sufficiently to move and/or maintain the associated balls 34 outwardly of the associated passages 36”),
a second cam follower (34c) disposed in the housing and in contact with a second cam surface of the second cam and radially movable between a second cam follower retracted position and second cam follower extended position (see Fig. 6 showing equivalent second cam 62c interacting with associated balls 34c; col. 4 lines 11-14), and
a first weight (16d) having a first axially extending opening (through radial opening 24) in which the handle is receivable, the first weight having a first radially extending opening (recesses 44d), at least a portion of the first cam follower being receivable in the first radially extending opening when the handle is received in the first axially extending opening (as handle/weight selector bar 22 rotates, first cam follower/balls 34d will move to an extended position in which first cam follower/balls 34d engage with respective recesses 44d in the extended position).
Regarding claim 15, Lippitt further discloses a second weight (16c) having a second axially extending opening (through radial opening 24) in which the handle is receivable, the second weight having a second radially extending opening (recesses 44c), at least a portion of the second cam follower being receivable in the second radially extending opening when the handle is received in the second axially extending opening (as handle/weight selector bar 22 rotates, second cam follower/balls 34c will move to an extended position in which second cam follower/balls 34c engage with respective recesses 44c in the extended position).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 5-7, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Lippitt (US 7,578,772) and further in view of Ding (Foreign Pat. CN 106730590 A).
Regarding independent claim 1, Lippitt teaches a weight lifting apparatus (10), comprising:
a weight lifting device (dumbbell of apparatus 10), comprising
a handle (weight selector bar 22),
a first cam (60d) non-rotatably mounted on the handle (col. 4 lines 9-10, “the selector member 22 includes first and second sets of cam surfaces 60 and 62.”),
a second cam (60c) non-rotatably mounted on the handle (col. 4 lines 9-10),
a housing (outer tubular structure 38) rotatably mounted on the handle, the handle being rotatable relative to the housing (col. 3 lines 4-7, “The selector member 22 is mounted within the outer tubular structure 38 for movement into a number of operative positions equal in number to the number of weights in each set 16 and 18” and col. 3 lines 31-35, “Such means may be a simple spring pressed indexing ball carried by the outer tubular structure 38 so as to move into successive ball receiving recesses on the periphery of the selector member 22 as the selector member 22 is rotated.”),
a first cam follower (34d) disposed in the housing and in contact with a first cam surface of the first cam and radially movable between a first cam follower retracted position and a first cam follower extended position (see Fig. 7 showing equivalent first cam 62d interacting with associated balls 34d; col. 4 lines 11-14, “The cam surfaces 60 and 62 are configured to accomplish weight retention by cam surface portions which extend radially outwardly sufficiently to move and/or maintain the associated balls 34 outwardly of the associated passages 36”), and
a second cam follower (34c) disposed in the housing and in contact with a second cam surface of the second cam and radially movable between a second cam follower retracted position and second cam follower extended position (see Fig. 6 showing equivalent second cam 62c interacting with associated balls 34c; col. 4 lines 11-14),
wherein the first cam has at least one first cam lobe and the second cam has at least one second cam lobe (Figs. 6-7 showing equivalent first cam 62d in Fig. 7 and equivalent second cam 62c in Fig. 6).
Lippitt does not teach wherein the first cam and the second cam have a different number of respective cam lobes.
Ding teaches an analogous weight lifting apparatus (Fig. 1) comprising a weight lifting device (dumbbell), the weight lifting apparatus comprising a handle (7), a first cam and a second cam non-rotatably mounted on the handle (see cams 6 in Fig. 4), the first cam and the second cam engage with a first cam follower and a second cam follower, respectively (spring pin 5, see Fig. 4), and further teaches wherein the first cam and the second cam have a different number of cam lobes (see Fig. 4, different cams 6 have different number of cam lobes).
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the first and second cams of Lippitt to have a different number of respective cam lobes, as is similarly taught by Ding, as a matter of simple substitution of one known cam type for another to achieve the same predictable results of allowing selective engagement of a plurality of weights with the handle based on the interaction of the first and second cams with the first and second cam followers.
Regarding claim 2, Lippitt as modified teaches wherein, upon rotation of the handle relative to the housing to a first position, the first cam follower is in the first cam follower extended position (as handle/weight selector bar 22 rotates, first cam follower/balls 34d will move to an extended position in which first cam follower/balls 34d engage with respective recesses 44d in the extended position).
Regarding claim 5, Lippitt as modified further teaches wherein, upon rotation of the handle relative to the housing to a second position, the first cam follower is in the first cam follower retracted position (as handle/weight selector bar 22 rotates, first cam follower/balls 34d will move to a retracted position in which first cam follower/balls 34d disengage with respective recesses 44d of housing 38 in the retracted position; see Fig. 7 and col. 5 lines 26-45).
Regarding claim 6, Lippitt as modified further teaches wherein, upon rotation of the handle relative to the housing to the second position, the second cam follower is in the second cam follower extended position (as handle/weight selector bar 22 continues to rotate, there will be a point where first cam follower/balls 34d will move to a retracted position in which first cam follower/balls 34d disengage with respective recesses 44d in the retracted position and second cam follower/balls 34c will move to an extended position in which second cam follower/balls 34c engage with respective recesses 44c in the extended position; see Figs. 6-7 and col. 5 lines 26-45).
Regarding claim 7, Lippitt as modified further teaches wherein, upon rotation of the handle relative to the housing to the second position, the second cam follower is in the second cam follower retracted position (as handle/weight selector bar 22 continues to rotate, there will be a point where first cam follower/balls 34d will move to a retracted position in which first cam follower/balls 34d disengage with respective recesses 44d in the retracted position and second cam follower/balls 34c will move to a retracted position in which second cam follower/balls 34c also disengage with respective recesses 44c in the retracted position; see Figs. 6-7 and col. 5 lines 26-45).
Regarding claim 17, Lippitt as modified further teaches wherein a point at a maximum distance from a center axis of the handle (22) on at least one of the at least one first cam lobes (as modified by Ding, see rejection to claim 1 above) and a point at a maximum distance from the center axis of the handle (22) on at least one of the at least one second cam lobes (as modified by Ding, see rejection to claim 1 above) are disposed at a same angular position relative to the center axis of the handle (see relative dimensions of cam lobes in Fig. 4 of Ding reproduced above).
Regarding claim 18, Lippitt as modified further teaches wherein the first cam follower (34d) and the second cam follower (34c) are disposed in the housing at different axial positions along a longitudinal axis of the housing (see Lippitt Fig. 2).
Allowable Subject Matter
Claims 24-25 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 24, the prior art of record fails to disclose or reasonably suggest a weight lifting apparatus in combination with all of the structural and functional limitations, and further comprising wherein the first cam follower includes a pin extending in a direction of a longitudinal axis of the handle, and the first cam includes a groove in which the pin is received. Claim 25 depends directly from claim 24 and is indicated as allowable subject matter for the same reasons as claim 24.
The closest prior art of record to Svenberg (US 11,918,842), Lippitt (US 7,578,772), and Pohl et al. (US 2024/0252873) each teach a weight lifting apparatus using cams and cam followers to selectively adjust the number of weight plates attached to the handle of the weight lifting apparatus, and each teaches wherein the cam followers extend radially away from the longitudinal axis of the handle. Svenberg and Pohl et al. further teach wherein the cam followers are pins. However, there is no teaching or motivation in the art to modify the orientation of the cams and cam followers such that the cam followers extend in a direction of the longitudinal axis of the handle. Furthermore, none of the prior art of record teaches a cam follower being a pin extending in a direction of a longitudinal axis of the handle and a cam including a groove in which the pin is received.
Conclusion
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/KATHLEEN M FISK/Examiner, Art Unit 3784
/LOAN B JIMENEZ/Supervisory Patent Examiner, Art Unit 3784