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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/14/2026 has been entered.
Response to Amendment
The amendment filed 4/14/2026 has been entered.
No amendments to the drawings or specification have been filed, and the previously applied objections to the drawings and the specification are maintained herein.
Claims 8-11 have been cancelled.
Claims 1-7 and 12 are currently pending and considered below.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference numeral 1, defined as “a backrest.” Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Par. [0046] lines 3-4, “a backing layer 10, a firm layer 11, a medium layer 12, and a soft layer 13” should read ---a backing layer 9, a firm layer 10, a medium layer 11, and a soft layer 12--- to properly reflect the reference numerals in the figures.
Par. [0046] lines 4-5, “The backing layer 10 includes plywood, the firm layer 11 includes a first latex, medium layer 12 includes a second latex, and soft layer 13 includes a foam” should read ---The backing layer 9 includes plywood, the firm layer 10 includes a first latex, medium layer 11 includes a second latex, and soft layer 12 includes a foam--- to properly reflect the reference numerals in the figures.
Par. [0046] lines 7-8, “the backing layer 10 abuts the firm layer 11, the firm layer 11 abuts the medium layer 12, and the medium layer 12 abuts the soft layer 13” should read ---the backing layer 9 abuts the firm layer 10, the firm layer 10 abuts the medium layer 11, and the medium layer 11 abuts the soft layer 12--- to properly reflect the reference numerals in the figures.
Par. [0046] line 8, “Backing layer 10” should read ---Backing layer 9--- to properly reflect the reference numerals in the figures.
Par. [0046] line 9, “Soft layer 13” should read ---Soft layer 12--- to properly reflect the reference numerals in the figures.
Par. [0047] lines 5-7, “the backing layer 10 abuts the firm layer 11, the firm layer 11 abuts the medium layer 12, and the medium layer 12 abuts the soft layer 13” should read ---the backing layer 9 abuts the firm layer 10, the firm layer 10 abuts the medium layer 11, and the medium layer 11 abuts the soft layer 12--- to properly reflect the reference numerals in the figures.
Par. [0047] line 7, “Backing layer 10” should read ---Backing layer 9--- to properly reflect the reference numerals in the figures.
Par. [0047] line 8, “Soft layer 13” should read ---Soft layer 12--- to properly reflect the reference numerals in the figures.
Par. [0050] line 1, “The backing layer 10” should read ---The backing layer 9--- to properly reflect the reference numerals in the figures.
Par. [0051] lines 1-2, “firm layer 11 and medium layer 12” should read ---firm layer 10 and medium layer 11--- to properly reflect the reference numerals in the figures.
Par. [0051] line 4, “firm layer 11” should read ---firm layer 10--- to properly reflect the reference numerals in the figures.
Par. [0051] line 5, “medium layer 12” should read --- medium layer 11--- to properly reflect the reference numerals in the figures.
Par. [0052] line 1, “firm layer 11” should read ---firm layer 10--- to properly reflect the reference numerals in the figures.
Par. [0053] line 1, “medium layer 12” should read --- medium layer 11--- to properly reflect the reference numerals in the figures.
Par. [0054] line 1, “Soft layer 13” should read ---Soft layer 12--- to properly reflect the reference numerals in the figures.
Par. [0055] line 1, “soft layer 13” should read ---soft layer 12--- to properly reflect the reference numerals in the figures.
Par. [0064] lines 2-4, “a backing layer 10 to a firm layer 11, a step 122 connecting a firm layer 11 to a medium layer 12, and a step 123 connecting a medium layer 12 to a soft layer 13” should read ---a backing layer 9 to a firm layer 10, a step 122 connecting a firm layer 10 to a medium layer 11, and a step 123 connecting a medium layer 11 to a soft layer 12--- to properly reflect the reference numerals in the figures.
Par. [0064] lines 7-8, “Backing layer 10 comprises plywood, firm layer 11 comprises a first latex, medium layer 12 comprises a second latex, and soft layer 13 comprises a foam” should read ---Backing layer 9 comprises plywood, firm layer 10 comprises a first latex, medium layer 11 comprises a second latex, and soft layer 12 comprises a foam--- to properly reflect the reference numerals in the figures.
Appropriate correction is required.
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.
Claims 1-7 and 12 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.
Claim 1 as amended introduces the limitations of “and wherein the plurality of layers are configured to provide a graduated support profile across the backrest, and wherein the plurality of layers distribute a user-applied load to reduce peak pressure at a user contact surface” in lines 16-19. The application as originally filed does not provide adequate support for these limitations. Therefore, these limitations represent new matter. Claims 2-7 and 12 are similarly rejected by virtue of dependency on claim 1.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Blount (US 5,348,523) and further in view of Griese et al. (US 2018/0098637).
Regarding independent claim 1, Blount teaches a backrest (bench pad 10), comprising:
a plurality of cutouts (cutouts in sides of middle portion 60, see annotated Fig. 1), wherein each of the plurality of cutouts are configured to allow a portion of a user's body to protrude beyond a top surface plane of the backrest when the user's back is resting on the backrest (col. 6 lines 4-10, “In this manner the bench pad will provide support for the shoulders of a person but because of the reduced width will allow downward rotation of the shoulders without interfering with such motion so that the arms and shoulders of the weight lifter can be moved downward without restriction enabling the weight lifter to lower the barbell to a point at which the barbell will touch his or her chest”);
a plurality of layers (base member 28, resilient pad 32, and cover 34) configured to combine together so to form the backrest (see Figs. 5-6); and
a plurality of materials included in the plurality of layers (col. 6 line 68 – col. 7 line 5, “The base member may be made of wood or wood-like material about three quarters of an inch thick and the padding material may be a polyurethane or urethane foam or similar material selected from any well known and readily available types” and col. 7 lines 7-11, “The cover material 34 may be a strong, durable sheet which has good resistance to water penetration to avoid leakage of perspiration into the pad. A high quality vinyl or cloth or other suitable material may be chosen for this purpose”), wherein the plurality of layers comprises a backing layer (base member 28) and a padding layer (resilient pad 32), and
wherein the plurality of layers are arranged such that each successive layer from the backing layer to the padding layer has a progressively decreasing stiffness (wood of base member 28 is stiffer than resilient pad 32), and wherein the plurality of layers are configured to provide a graduated support profile across the backrest (insomuch as applicant has shown and disclosed this limitation, the Office holds the resilient pad 32 and base member 28 creates a graduated support profile from a softer material to a harder material), and wherein the plurality of layers distribute a user-applied load to reduce peak pressure at a user contact surface (insomuch as applicant has shown and disclosed this limitation, the Office holds the resilient pad 32 and base member 28 similarly achieve this functionality as the resilient pad 32 will reduce pressure on a user when lying on the backrest due to its flexibility/softer material).
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Blount does not teach a firm layer, a medium layer, and a soft layer, wherein the backing layer includes plywood, wherein the firm layer includes a first latex, wherein the medium layer includes a second latex, and wherein the soft layer includes a foam, wherein the backing layer abuts the firm layer, wherein the firm layer abuts the medium layer, and wherein the medium layer abuts the soft layer, wherein the foam included in the soft layer is a memory foam, and wherein the plurality of layers are arranged such that each successive layer from the backing layer to the soft layer has a progressively decreasing stiffness.
Griese et al., in the same field of endeavor with regards to padded structures configured to support a user, teaches a padded structure (support cushion/mattress assembly 10) comprising a plurality of layers (comfort portion/layer 62, body supporting layer 20, upper base layer 30, lower base layer 40), wherein the plurality of layers include a plurality of materials (par. [0019], “Such flexible foams include, but are not limited to, latex foam, reticulated or non-reticulated visco-elastic foam (sometimes referred to as memory foam or low-resilience foam), reticulated or non-reticulated non-visco-elastic foam, polyurethane high-resilience foam, expanded polymer foams (e.g., expanded ethylene vinyl acetate, polypropylene, polystyrene, or polyethylene), and the like” where each layer 62, 20, 30, 40 comprises a foam material in increasing levels of density and hardness starting at layer 62), wherein the plurality of layers of the padded structure comprises a firm layer (upper base layer 30 and lower base layer 40, par. [0025], “The flexible foam comprising the body supporting layer 20, however, typically has a density less than that of the upper base layer 30 and the lower base layer 40, such that the upper base layer 30 and the lower base layer 40 have a density and hardness sufficient for supporting the body supporting layer 20 and the comfort layer 62 of the mattress assembly”), a medium layer (body supporting layer 20, see par. [0025] and par. [0022], “the comfort layer 62 can also be comprised of a visco-elastic foam, but typically has a density, hardness, or both that is less than that of the body supporting layer 20 of the mattress assembly 10 such that the comfort layer 62 provides a softer surface on which to rest the body of a user”) and a soft layer (comfort portion/layer 62, see pars. [0022] and [0025] cited above), wherein the firm layer includes a first latex, the medium layer includes a second latex, and the soft layer includes a foam (see options for materials listed in par. [0019], which include latex foam and visco-elastic foam/memory foam), wherein the firm layer abuts the medium layer, and wherein the medium layer abuts the soft layer (see Figs. 1-3), wherein the foam included in the soft layer is memory foam (see options for materials listed in par. [0019], visco-elastic foam/memory foam), wherein the plurality of layers are arranged such that each successive layer from the firm layer to the soft layer has a progressively decreasing stiffness (see pars. [0022] and [0025] cited above).
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As Griese et al. teaches manufacturing a padded structure out of a plurality of layers of differing levels of stiffness to support a user thereon, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the padding layer of Blount to further include a plurality of layers including a firm layer including a first latex, a medium layer including a second latex, and a soft layer including memory foam, as is similarly taught by Griese et al., for the purpose of providing an adequate and comfortable overall padded support for a user performing exercises on the device of Blount. As modified, the backing layer of Blount will abut the padding layer as modified by Griese et al., such that the backing layer abuts the firm layer, the firm layer abuts the medium layer, and the medium layer abuts the soft layer.
Blount as modified by Griese et al. does not teach wherein the backing layer includes plywood. However, as Blount teaches the backing layer includes wood (see col. 4 lines 36-39), it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the backing layer to include plywood as a matter of obvious design choice, since it has been held to be within the general skill of one in the art to select a known material on the basis of its suitability for the intended use. In the instant case, the backing layer (base member 28) of Blount is intended to provide adequate support to a user on the backrest, and plywood would achieve the same intended function.
Regarding claim 2, Blount further teaches wherein each of the plurality of cutouts have a first area (see Fig. 1).
Regarding claim 3, Blount further teaches wherein each of the plurality of cutouts are symmetrically located about a backrest centerline (see Fig. 1).
Regarding claim 4, Blount further teaches wherein each of the plurality of cutouts comprise a ninety-degree edge (bottom and top edge at ninety-degrees, see illustrated edges in Figs. 1 and 5-6).
Regarding claim 5, Blount does not teach wherein each of the plurality of cutouts comprise a rounded edge. However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the top and/or bottom edges of each of the plurality of cutouts of Blount to comprise a rounded edge as a matter of obvious design choice. Such a modification merely involves a change in form or shape, which is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. In the instant case, it would have been obvious to modify the ninety-degree edges of the cutouts of Blount to be rounded to increase user comfort when performing exercises on the backrest. See MPEP 2144.04(IV)(B).
Regarding claim 6, Blount further teaches wherein a first cutout of the plurality of cutouts has a first shape (i.e., left cutout with first arcuate shape), wherein a second cutout of the plurality of cutouts has a second shape (i.e., right cutout with second arcuate shape), and wherein the first shape is a mirroring of the second shape (see Fig. 1).
Regarding claim 7, Blount further teaches wherein the plurality of cutouts is configured to allow at least a portion of the user's shoulder to protrude beyond the top surface plane of the backrest when the user's back is resting on the backrest (see col. 6 lines 4-10).
Regarding claim 12, Blount further teaches wherein a first end of the backrest (upper end 24) is tapered (tapering of first end from edges 46, 48 to concave portion 40; see Figs. 4-6), wherein a second end of the backrest (lower end 24) is tapered (tapering of second end from edges 46, 48 to concave portion 38; see Figs. 4-6), and wherein the first end of the backrest is located opposite the second end of the backrest (see Figs. 2-3).
Response to Arguments
Applicant’s arguments, filed 4/14/2026, with respect to the rejections of claims 1-12 under Blount in view of Grell have been fully considered and are persuasive. Specifically, the Office agrees with applicant’s argument that the functional aspect of the plurality of layers having decreasing levels of stiffness from the soft layer to the backing layer of the instant invention is not sufficiently taught by Grell. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Blount and Griese et al. which teaches providing multiple layers to a padded structure with decreasing stiffness of materials from top to bottom. See above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN FISK whose telephone number is (571)272-1042. The examiner can normally be reached 8AM-4PM M-F (Central).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/KATHLEEN M FISK/Examiner, Art Unit 3784
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