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 .
New Grounds of Rejection
Claim Rejections - 35 USC § 103
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis (US PG Pub. No. 2020/0316425, Oct. 8, 2020) in view of Hartman (US PG Pub. No. 2010/0197470, Aug. 5, 2010).
Ellis and Hartman were cited in the IDS filed on 11/25/2025.
Regarding claim 1, as broadly interpreted, Ellis teaches a grip resistance device 18 (see Fig. 1 below), comprising: a tensioning mechanism 52 (see Figs. 1 and 4 and para. [0026]); a handle 50 (see para. [0018], and Figs. 1 and 4 below) that is movable between a first position and second position (i.e., a squeezed position and an un-squeezed position of spring 52) with respect to an elongated member (i.e., handle 29 of dumbbell, see Fig. 1 below) the grip device 18 is configured to contact, whereby the handle 50 is biased by the tensioning mechanism 52 in a direction away from the elongated member 29 (i.e., in an un-squeezed position) the grip device is configured to contact toward the first position by the tensioning mechanism 52 and the handle 50 is configured to be gripped simultaneously with an article of exercise equipment (i.e., dumbbell, see Fig. 1 below).
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Ellis is silent in explicitly teaching a connection interface comprising deformable material configured to contact the elongated member 29; whereby the grip resistance device 18 is configured to contact an article of exercise equipment via the connection interface.
Hartman, however, in an analogous art teaches a connection interface 10 (i.e., dumbbell handle sleeve), comprising deformable material configured to contact an elongated member (i.e., handle of dumbbell, see Fig. 3 below); whereby the grip resistance device is configured to contact an article of exercise equipment via the connection interface and the handle is configured to be gripped simultaneously with the article of exercise equipment.
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ellis to include a connection interface comprising deformable material configured to contact the elongated member 29; whereby the grip resistance device 10 is configured to contact an article of exercise equipment via the connection interface as taught by Hartman in order to provide a cushioning material for hands of a user when using the exercise device.
Regarding claim 2, Ellis teaches further comprising an attachment mechanism 35 (see para. [0022], and Fig. 4 above).
Regarding claim 3, Ellis teaches whereby the attachment mechanism 35 comprises strips of hook and loop fasteners (see para. [0022]).
Regarding claim 4, Ellis teaches a housing 24 (see Fig. 1 above, where the coil spring 52 is contained) for containing the tensioning mechanism 52.
Regarding claim 5, Ellis teaches whereby the tensioning mechanism 52 is an arch-shaped member (i.e., a coil spring, see Fig. 1 and 4 above, and para. [0026]).
Regarding claim 6, Ellis teaches whereby the arch-shaped member is a spring (see para. [0026]), but is silent in teaching the material being steel.
However, it has been held in In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960) that selection of a known material having art recognized suitable for an intended purpose supported a prima facie case of obviousness. See in MPEP 2144.07. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to formulate Ellis’ arch-shaped tension member to be made of steel as it is a rigid, lightweight, durable, and inexpensive material suitable for use as a coil spring.
Regarding claim 7, Ellis teaches whereby the steel spring has a first end and a second end and an upper surface (i.e., the coil spring 52 having ends, one end coupled to camber 24, and another end coupled to handle 50, a side surface being an upper surface).
Allowable Subject Matter
Claims 8-11 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.
Regarding claim 8, none of the prior art either alone or in combination teach or suggest all the limitations of the preceding and intervening claims and further reciting whereby a tension spring is connected to the first end and second end of the steel spring.
Claims 9-11 depend either directly or indirectly from claim 8.
Response to Arguments
Applicant’s arguments filed on 11/25/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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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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/ANDREW S LO/Primary Examiner, Art Unit 3784