DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06 April 2026 has been considered by the examiner.
Response to Amendment
The claim objections have been obviated in view of Applicant’s amendments filed 03 April 2026 except with regards to claim 8. See below.
The rejections of claims 8-15 under 35 U.S.C. 112(b) have been obviated in view of Applicant’s amendments filed 03 April 2026 and are withdrawn.
Claims 3-20 were previously indicated as containing allowable subject matter in the Non-Final Rejection mailed 03 November 2025.
Claims 1-20 are still pending. An action on the merits follows.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 8 is objected to because of the following informalities:
Lines 2-3, “the first and second rails axially extending” should read --the first and second axially extending rails--
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.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites “a linear Geneva mechanism” in lines 1-2. Throughout the specification, the linear Geneva mechanism is described as “comprising a crank 207 driven by rotation of the handle 27” (paragraph [0124]). It is unclear if the linear Geneva mechanism recited in claim 2 includes the “crank” previously recited in claim 1 or if claim 2 is requiring a second crank. For purposes of examination, the linear Geneva mechanism will be interpreted as including the crank previously recited in claim 1.
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 1-2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pohl et al. (US 2024/0252873, hereinafter Pohl).
Regarding claim 1, Pohl teaches a weight lifting device (dumbbell system 400), comprising:
an elongated handle (handle 460);
a housing (cover 406), the handle being rotatably attached at an end thereof to the housing, an axially extending opening extending through the housing and the handle (Figs. 20, 21A show the cover 406 and the handle 460 having an opening through the center of each for the rod 480. Figs. 21B-21C show how rotation of the handle 460 extends the rod 480 through the axially extending opening. The handle 460 is shown being rotatably attached to the cover 406.);
an axially extending pin (rod 480) disposed in and axially movable relative to the axially extending opening (Figs. 21A-21C); and
the handle, the housing, and the pin being linked so that rotation of the handle relative to the housing drives rotation of a crank (sun gear 414) that causes intermittent linear motion of the pin (Para. [0314]: “In some embodiments, the rod 480 may axially translate intermittently in response to consistent angular rotation of the handle 460. This may beneficially allow the rod 480 to move outward or inward to predetermined axial positions (e.g., 485, 486, and 487) and then to temporarily remain in those positions as the supplemental weights 419 are engaged or disengaged.” The Cambridge dictionary defines “crank” as “a device that creates movement between parts of a machine” [see https://dictionary.cambridge.org/us/dictionary/english/crank]. The sun gear 414 is a crank as it is a device that creates movement between the handle 460 and the rod 480. The sun gear 414 comprises follower 433. Para. [0306]: “the rotation of the handle 460 and sun gear 414 induces axial translation of the rod 480 as the follower 433 applies pressure to the sides of the helical path 435.”).
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Regarding claim 2, Pohl teaches the weight lifting device according to claim 1, comprising a linear Geneva mechanism for converting rotational motion of the handle relative to the housing into intermittent linear motion of the pin (The rod 480 and sun gear 414 comprise a linear Geneva mechanism. That is, the engagement of the helical path 435 of the rod and the follower 433 of the sun gear converts rotational motion of the handle 460 and gear 414 into intermittent linear motion of the rod 480.).
Allowable Subject Matter
Claims 3-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach all of the structural and functional limitations of the claimed invention, further in view of the crank and pin of the linear Geneva mechanism as required by claims 3 and 18.
The closest prior art of record includes Svenberg (US 2023/0226400).
Regarding independent claim 3, Svenberg teaches a weight lifting device (weight apparatus 21), comprising: an elongated handle (handle 33); a housing (anchorage 35), the handle being rotatably attached at an end thereof to the housing (Para. [0021]: “The bar 31 comprises a handle 33 and an anchorage 35 rotatably mounted to an end 37 of the handle.”), an axially extending opening extending through the housing and the handle (Fig. 4); an axially extending rack (rack 65) disposed in and axially movable relative to the axially extending opening (Fig. 4); a first gear (first gear 71) non-rotatably attached to the handle (Fig. 4. Para. [0028]: “a gear housing 67 can be non-rotatably attached at an end 37 of the handle 33 (or may be formed integrally with the rest of the handle). The gear housing 67 comprises a first gear 71”); a second gear (second gear 73) non-rotatably mounted in the housing on an axle (axle 61) perpendicular to a longitudinal axis of the handle and in engagement with and drivable by the first gear (Fig. 4. Para. [0028]: “a second gear 73 is non-rotatably mounted on the axle 61.”).
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Svenberg fails to teach a crank non-rotatably mounted on the axle and having at least one peg adapted to intermittently engage the rack upon rotation of the axle. Svenberg teaches a pinion gear 59 non-rotatably mounted on the axle 61, but it would not have been obvious to one having ordinary skill in the art to interpret the pinion gear 59 as a crank having at least one peg.
Regarding independent claim 18, Svenberg teaches a weight lifting apparatus, comprising: a weight lifting device (weight apparatus 21), comprising an elongated handle (handle 33), a housing (anchorage 35), the handle being rotatably attached at an end thereof to the housing (Para. [0021]), an axially extending opening extending through the housing and the handle (Fig. 4), an axially extending pin (rod 55) disposed in and axially movable relative to the axially extending opening (Fig. 4), and at least one weight disk (weight disc 29) comprising a hole (axial opening 57), the at least one weight disk being attachable to the housing when the pin is received in the hole (Figs. 6-9).
Svenberg fails to teach a linear Geneva mechanism for converting rotational motion of the handle relative to the housing into intermittent linear motion of the pin, the linear Geneva mechanism comprising a crank driven by rotation of the handle, the pin comprising a slider drivable by the crank.
Response to Arguments
Applicant's arguments filed 03 April 2026 have been fully considered but they are not persuasive. Applicant argues that Pohl does not teach all of the limitations of claim 1, particularly the amended language of “a crank.” The Office respectfully disagrees. The Cambridge Dictionary defines a crank as “a device that creates movement between parts of a machine or that changes backward and forward movement into circular movement” (see https://dictionary.cambridge.org/us/dictionary/english/crank). The sun gear 414 of Pohl is interpreted as a crank as it creates movement between the handle 460, the sun gear 414, and the rod 480. Pohl teaches wherein “the rotation of the handle 460 and sun gear 414 induces axial translation of the rod 480 as the follower 433 applies pressure to the sides of the helical path 435” (Para. [0306]). The sun gear 414 is the crank that causes the rotation of the handle to create axial movement of the rod 480.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Catrina Letterman whose telephone number is (303)297-4297. The examiner can normally be reached Tuesday - Friday, 8am - 5pm MT.
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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