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 .
Specification
The amendment to the specification filed on 7/16/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Newly added paragraph [0021] of the specification recites the threaded shaft has about ½ inch diameter and the first and second flanges have an outer diameter greater than about 1 inch which is not found in the specification as originally filed and constitutes new matter.
Newly added paragraph [0024] of the specification recites the attachment may be made of metals including steel, stainless steel, aluminum, copper, titanium, or other metals which is not found in the specification as originally filed and constitutes new matter.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claim 1-7 are objected to because of the following informalities:
Claims 1-7 are objected to because they fail to include the status of the claims in parentheses (i.e., new, amended, cancelled).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3, 4, and 6-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Newly added claim 3 recites that the first flange, anchor portion, and threaded shaft are machined or cast which is not found in the specification as originally filed and constitutes new matter.
Newly added claim 4 recites that the unitary retention body is machined, cast, or welded which is not found in the specification as originally filed and constitutes new matter.
Newly added claim 6 recites that the threaded shaft has a diameter less than about ½ inch which is not found in the specification as originally filed and constitutes new matter.
Newly added claim 7 recites that the first and second flanges has an outer diameter greater than about 1 inch which is not found in the specification as originally filed and constitutes new matter.
Appropriate correction is required.
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:
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 1-2 are rejected under 35 U.S.C. 103(a) as being unpatentable over QWORK 10 Pack Eye Bolt, T316 Stainless Steel Marine Grade Threaded Eyebolts, 1/4"x3", https://a.co/d/0XbZd8Q, first date available June 9, 2022 (herein “QWORK”).
Regarding claim 1, as broadly interpreted, QWORK teaches an attachment (see Fig. below) capable of being able to connect a resistance band to a power rack column having a through hole, the attachment comprising: unitary main body integrally forming a threaded shaft (see annotated Fig. below) dimensioned to extend through the through-hole; and first flange (see annotated Fig. below) disposed at a proximal end of the thread shaft and an anchor portion (see annotated Fig. below) projecting outwardly from the first flange; and a unitary retention body (see annotated Fig. below) integrally forming: a second flange (see annotated Fig. below) sized larger than the through-hole and configured to bear against a surface of the column opposite the first flange, and a hand-operable fastener portion (see annotated Fig. below) threadedly engageable with a distal end of the threaded shaft and operative, in cooperation with the second flange, to clamp the column between the first and second flanges.
[AltContent: arrow][AltContent: textbox (a hand-operable fastener portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (threaded shaft)][AltContent: textbox (second flange)][AltContent: textbox (first flange)][AltContent: textbox (anchor portion)][AltContent: arrow]
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QWORK is silent in explicitly teaching the first flange and the second flange being larger than a through hole of the power-rack.
QWORK, however, suggests that the threaded portion of the attachment being fitted through a hole in the approximate diameter of the threaded shaft such that the first flange and second flange can be clamped between a structure to attach an object to the anchor portion (i.e., ring). The size/dimension of the first and second flange portions must larger than the hole through which the threaded shaft extends, otherwise the entire attachment would slip out of the hole. Furthermore, the size/diameter of a power-rack through hole can be any size/diameter so long as sufficient clamp the device of QWORK thereon.
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 QWORK and to size the first flange and the second flange being larger than a through hole of a power-rack for the same purpose of clamping the attachment to a structure.
Regarding claim 2, QWORK teaches wherein the first part includes an anchor portion (i.e., ring) comprises a closed ring that can be used as an anchor to connect resistance band.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over QWORK, as applied to claim 1 above, in view of Hurricane Shutter Panel Washered Wingnuts 1/4-20 Wing nut (25), https://a.co/d/9nJDUVR, first available sale date: June 17, 2022 (herein “Hurricane”).
QWORK teaches the invention as substantially claimed.
Regarding claim 5, QWORK is silent in explicitly teaching wherein the hand-operable fastener portion comprises one or more radially projecting wings or tabs.
Hurricane, however, in an analogous art reasonably pertinent to the problem to be solved as it pertains to fasteners, teaches a second part that includes one or more radially projecting wings (i.e., wing nut and flange, see Fig. below)
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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 QWORK and to substitute the hand-operable fastener portion with a structure that one or more radially projecting wings as taught by Hurricane as mere substitution of one known part for another for the same purpose of securing a fastener onto a bolt.
Response to Arguments
Applicant’s arguments filed on 07/16/2025 have been considered but are not persuasive.
Applicant argues that QWORK and Hurricane are non-analogous art in the field of generally purpose marine eye bolt and hurricane shutters. This is not persuasive because the device of QWORK can be used in exercise devices for the same purpose of securing objects to a structure through a hole in which the threaded shaft extends. A size/dimension of a power rack through-hole is not defined by the specification. As explained above, the flanges of QWORK are intended to placed against ends of a through hole of a structure (which can include a column of a power rack) and nut tightened to securely clamp the attachment to the structure. Accordingly, it would have been obvious to a person of ordinary skill to merely increase the size/dimension of the flanges to fit against any desired hole for the same purpose of clamping.
Applicant’s affidavit filed on 07/16/2025 has been considered but is not persuasive. Merely showing that there was commercial success and long-felt need of an article which embodies the invention is not sufficient because there may be secondary considerations such as advertising and other factors (see MPEP 716.03(b)). As explained in the rejections above, device of QWORK can be configured for use with a power rack so long as the flanges can be clamped to ends of an appropriately sized hole of the power rack.
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 on (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