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 five (5) page information disclosure statement (IDS) submitted on 26 January 2024 has been considered by the examiner.
The eight (8) page information disclosure statement filed 26 January 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. The IDS lists three Foreign Patent Documents, but copies of these documents have not been provided.
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
Claims 5, 8, 11, 15, and 19 are objected to because of the following informalities:
Claim 5, line 2, “the peg” should read --the at least one peg--
Claim 8, line 2, “the first and second rails” should read --the first and second axially extending rails--
Claim 8, line 8, “second rotational” should read --second rotational position--
Claim 11, line 1, “the first and second rails” should read --the first and second axially extending rails--
Claim 15, line 1, “the first and second rails” should read --the first and second axially extending rails--
Claim 19, line 2, “the weight disk” should read --the at least one weight disk--
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 8-15 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 8 recites the limitation “a first peg” in line 4 and “a second peg” in line 9. It is unclear if these limitations are referring to the “at least one peg” recited previously in claim 3, upon which claim 8 depends, or to other, separate structures. For purposes of examination, the claims will be interpreted such that the at least one peg comprises the first peg and the second peg.
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 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.”).
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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 3-7 and 16-20 are allowed.
Claims 8-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Catrina A Letterman whose telephone number is (303)297-4297. The examiner can normally be reached Monday - Thursday, 8am - 4pm MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784