DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/06/2026 has been entered.
Response to Amendment
Independent claim 1 has been amended to further narrow the claim. The interview of the previous Examiner has been nullified.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/08/2026 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.
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.
Claims 1-11 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US Patent No. 11,191,995; DP: 12/07/2021).
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Regarding claim 1, Anderson discloses the exercise equipment (Exercise machine 100; Figure 1) for performing a striding exercise motion, the exercise equipment comprising: a frame (Frame 112; Figure 1), a rocker arm (Reciprocating member 126 comprising bearing 310; Figures 16 and 17) configured to pivot relative to the frame during performance of the striding exercise motion, a pedal member (Pedal 132, shaft 135, and extension blocks 332 form a single pedal member; Figure 17) configured to pivot together with the rocker arm during performance of the striding exercise motion relative to the frame (i.e., the pedal member 132 and the reciprocating member 136 pivot based on movement of the exercise device), and a pivot device (Pivotal interface 302; Figure 16) that pivotably couples the pedal member to the rocker arm so the pedal member is pivotable relative to the rocker arm and the rocker arm is pivotable relative to the pedal member (i.e., the pedal member 132 and the reciprocating member 136 pivot based on movement of the exercise device along the shaft 135), wherein the pivot device comprises a dampener (Rod 338-2; Figure 18; i.e., the dampener/rod 338 functions as a limiter that stop the pivotal movement of the blocks 332; Col. 19 Lines 40-49) configured to dampen pivoting movement of the pedal member relative to the rocker arm (i.e., the rods 338 are resilient members of different stiffness that dampen the pivoting of the two members; Col. 18 Lines 50-64).
Regarding claim 2, Anderson discloses the pedal member is pivotable relative to the rocker arm through a pivot range (i.e., the range is annotated in Figure 18 above), and wherein the dampener comprises a resilient bumper (i.e., the rods 338 can have a lower stiffness to serve as dampeners/limiters to limit the movement of the members; Col. 19 Lines 40-49 and Col. 18 Lines 50-64) which dampens said pivoting movement at a first end (i.e., the top end of the range annotate above) of said pivot range.
Regarding claim 3, Anderson discloses the resilient bumper has an annular shape which is compressed when the pedal member is pivoted towards the first end of said pivot range (i.e., the bumper/rod 338 can have a lower stiffness to be compressed when the pedal member is pivoted).
Regarding claim 4, Anderson discloses the resilient bumper is coupled to a first one of the rocker arm and the pedal member (i.e., the bumper/rod 338-2 is inserted into the piece 320 which is coupled to the rocker arm 126) , and wherein a second one of the rocker arm and the pedal member engages the resilient bumper when the pedal member is pivoted towards the first end of said pivot range (i.e., the bumpers/rod 338 engages the block 332 of the pedal member at the first end) .
Regarding claim 5, Anderson discloses the second one of the rocker arm and the pedal member comprises an engagement surface (i.e., the top surface of the block 332 that contacts the top rod 338) which engages the resilient bumper as the pedal member is pivoted towards the first end of said pivot range (i.e., the bumpers/rod 338 engages the block 332 of the pedal member at the first end).
Regarding claim 6, Anderson discloses the resilient bumper is coupled to a supporting surface (Surfaces of the receiving portions 325; Figure 19) on the first one of the rocker arm and the pedal member, wherein the resilient bumper has an annular shape which is compressed relative to the supporting surface when the pedal member is pivoted towards the first end of said pivot range (i.e., the rod 338-2 compress within the receiving portions 325 and are annularly shaped as seen in Figure 18).
Regarding claim 7, Anderson discloses the second one of the rocker arm and the pedal member comprises an engagement surface (i.e., the top surface of the block 332 that contacts the top rod 338) which engages the resilient bumper and compresses the annular shape when the pedal member is pivoted towards the first end of said pivot range (i.e., the rod 338 compress within the receiving portions 325 and are annularly shaped as seen in Figure 18)..
Regarding claim 8, Anderson discloses the engagement surface is brought into a position which is substantially parallel to the supporting surface when the pedal member is pivoted to the first end of said pivot range (i.e., if the rod 338 deforms a portion of the surface of the receiving portion 325 is substantially parallel with the engagement surface/surface of the block 332 engaging the rod 338).
Regarding claim 9, Anderson discloses the resilient bumper is a first resilient bumper (Bumper 338-2; Figure 18), and further comprising a second resilient bumper (Bumper 338-1; Figure 18).
Regarding claim 10, Anderson discloses the second resilient bumper is engaged at a first end of said pivot range (i.e., the bumpers 338-1 and 338-2 can be rearranged to be engaged in the first and second end of said pivot range).
Regarding claim 11, Anderson discloses the second resilient bumper is engaged at a second end of said pivot range (i.e., the bumper 338-1 is engaged at a second end of the povt range; additionally, the bumpers 338-1 and 338-2 can be rearranged to be engaged in the first and second end of said pivot range).
Regarding claim 13, Anderson discloses a first engagement surface (i.e., the top surface of the block 332-2 that contacts the top rod 338-2) which engages the first resilient bumper as the pedal member is pivoted towards the first end of said pivot range and a second engagement surface (i.e., the bottom surface of the block 332-2 that contacts the bottom rod 338-1) which engages the second resilient bumper as the pedal member is pivoted towards the first end of said pivot range or a second end of said pivot range.
Regarding claim 14, Anderson discloses the first resilient bumper is coupled to a first supporting surface (i.e., the top receiving portion 325; Figures 18 and 19), wherein the first resilient bumper has an annular shape which is compressed relative to the first supporting surface when the pedal member is pivoted towards the first end of said pivot range, and further wherein the second resilient bumper is coupled to a second supporting surface (i.e., the bottom receiving portion 325; Figures 18 and 19), and wherein the second resilient bumper has an annular shape which is compressed relative to the second supporting surface when the pedal member is pivoted towards the first end of said pivot range or the second end of said pivot range (i.e., second resilient bumper/rod 338-1 is compressed in the second end of the said pivot range and each of the dampers/rods 338-1 and 338-2 are annular in shape).
Regarding claim 15, Anderson discloses a first engagement surface (i.e., the top surface of the block 332-2) which engages and compresses the annular shape of the first resilient bumper when the pedal member is pivoted towards the first end of said pivot range, and further comprising a second engagement surface (i.e., the bottom surface of the block 332-2) which engages and compresses the annular shape of the second resilient bumper when the pedal member is pivoted towards the first end of said pivot range or the second end of said pivot range.
Regarding claim 16, Anderson discloses the first engagement surface is brought into a position which is substantially parallel to the first supporting surface when the pedal member is pivoted to the first end of said pivot range, and further wherein the second engagement surface is brought into a position which is substantially parallel to the second supporting surface when the pedal member is pivoted to the first end of said pivot range or the second end of said pivot range (i.e., if the rods 338 deform a portion of the surface of the receiving portion 325 is substantially parallel with the engagement surface/surface of the block 332 engaging the rod 338).
Allowable Subject Matter
Claims 12 and 17 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 prior art of record Stewart (EP1938869; PD: 07/02/2008), Watterson (US Patent No. 10,010,756; DP: 07/03/2018), Rogus (US Patent Pub. No. 2021/0275866; PD: 09/09/2021), Anderson (US Patent No. 11,191,995; DP: 12/07/2021), Anderson (US Patent No. 9,764,187; DP: 09/19/2017), and Lu (US Patent Pub. No. 2014/0249000; PD: 09/04/2014) fail to teach or render obvious claims 12 and 17. The prior art of record neither teaches nor suggest the configuration of the bumpers being diametrically opposed relative to the pivot axis. The closest prior art of record, Anderson, discloses a bumper 338 configuration that is disposed in an acute angle relative to the pivot axis of the shaft 137 and therefore does not teach the diametrically opposed configuration. It would be improper hindsight to modify the configuration as there is no cogent reasoning that is unequivocally independent of hindsight that would led one of ordinary skill in the art at the time the invention was made to modify the prior art to obtain the configuration of Applicant’s invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784
