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 .
Response to Amendment
The amendment filed 09/25/2025 has been entered. Applicant’s amendments to the specification, drawings, and claims have overcome each and every objection and 35 U.S.C. 112 rejection previously set forth in the Non-Final Office Action mailed 07/02/2025.
Claims 2 and 19 have been cancelled.
Claims 1, 3-18, and 20 are currently pending and considered below.
Drawings
The drawings were received on 09/25/2025. These drawings are approved.
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.
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, 3-14, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over York et al. (US 2002/0037780).
Regarding independent claim 1, York et al. discloses an exercise bar (embodiment of shaft 712, Figs. 9-10) comprising:
a first piece of wood (720a) having a first substantially flat surface (at seam 723, see Fig. 9);
a first recess (channel 721) formed in the first substantially flat surface;
a second piece of wood (720b) having a second substantially flat surface (at seam 723, see Fig. 9), wherein the second substantially flat surface is configured to mate with the first substantially flat surface (see Fig. 9; par. [0054], “The two sections 720a and 720b are joined at seam 723 provided along the minor axis of the shaft 712 by an adhesive”);
a second recess (channel 721) formed in the second substantially flat surface, wherein the second recess is to align with the first recess (see Fig. 9); and
a weight (inner portion 722, inherently has weight and therefore constitutes the broad limitation of a weight) disposed between the first piece of wood and the second piece of wood, wherein a first portion of the weight fits in the first recess and a second portion of the weight fits in the second recess (see Fig. 9), wherein the weight is a bar to increase a mass of the exercise bar without affecting external dimensions of the exercise bar (inner portion 722 is a bar that inherently has weight, and therefore increases the total weight of the exercise bar/shaft 712 as the exercise bar/shaft 712 would be lighter in weight with the inner portion 722 removed, and weight/inner portion 722 does not affect external dimensions of the exercise bar as illustrated in Figs. 9-10).
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York et al. teaches wherein the weight (inner portion 712) is a bar (see Fig. 10) that may be made of composite material “although various alternate types of inner portions are applicable” (par. [0054]), and teaches an alternate embodiment where an analogous weight (inner portion 222) is made of metal (par. [0044], “Alternate types of hollow shaped inner portions can be can be disposed within the wood outer portion 220 of a hockey stick, including the use of various types of metal tubing”). York et al. does not teach wherein the weight is a steel bar. However, as York et al. teaches different types of material may be used for the weight (inner portion), including metal, 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 weight of the exercise bar of York et al. to be a steel bar as a matter of obvious design choice to select a known material that is suitable to achieve the desired result of increasing the stability of the exercise bar (shaft 712) of York et al. It has been held to be within the ordinary skill of one in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Regarding claim 3, York et al. further discloses an identifier marking (absent further structural and/or functional limitations, either of protective side portions 725a or 725b constitutes an identifier marking).
Regarding claim 4, York et al. further discloses wherein the identifier marking is a separate piece of wood (par. [0054], “The protective side portions 725a and 725b may be comprised of wood, laminate, or alternate protective materials”).
Regarding claim 5, York et al. further discloses wherein the identifier marking is colored (each side portion 725a, 725b inherently has a color).
Regarding claim 9, York et al. further discloses a plurality of rails formed in the first piece of wood to form part of the first substantially flat surface (annotated Fig. 10), wherein the plurality of rails are configured to position the first portion of the weight in the first recess (the Office notes this limitation is broad, and as the first substantially flat surface forms two rails on either side of the first recess, York et al. satisfies the limitations of claim 9).
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Regarding claim 10, York et al. further discloses a plurality of wood strips (protective side portions 725a, 725b) to position the first portion of the weight in the first recess (the Office notes this limitation is broad, and, as the protective side portions 725a, 725b assist in holding the first and second wooden portions 720a, 720b together, protective side portions 725a, 725b function to position the first portion of the weight in the first recess).
Regarding claim 11, York et al. does not teach wherein the first piece of wood (720a) and the second piece of wood (720b) are rounded to improve grip. 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 round the first and second pieces of wood of York et al. as a matter of obvious design choice to provide an ergonomically shaped gripping surface for a user. Such a modification merely involves a change in relative shape of a component of the invention. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. See 2144.04, Section IV, Subsection B.
Regarding independent claim 12, York et al. discloses a method of manufacturing an exercise bar (method of manufacturing embodiment of shaft 712; see par. [0057]-[0067] disclosing method of manufacture), the method comprising:
planing a first substantially flat surface (at seam 723, see Fig. 9) on a first piece of wood (720a; method of forming first wooden portion 720a requires planning the flat surface at seam 723);
forming a first recess (channel 712) in the first substantially flat surface;
planing a second substantially flat surface (at seam 723, see Fig. 9) on a second piece of wood (720b; method of forming second wooden portion 720b requires planning the flat surface at seam 723);
forming a second recess (channel 712) in the second substantially flat surface;
placing a weight (inner portion 722, inherently has weight and therefore constitutes the broad limitation of a weight) between the first piece of wood and the second piece of wood, wherein a first portion of the weight fits in the first recess and a second portion of the weight fits in the second recess (see Figs. 9-10), wherein the weight is a bar to increase a mass of the exercise bar without affecting external dimensions of the exercise bar (inner portion 722 is a bar that inherently has weight, and therefore increases the total weight of the exercise bar/shaft 712 as the exercise bar/shaft 712 would be lighter in weight with the inner portion 722 removed, and weight/inner portion 722 does not affect external dimensions of the exercise bar as illustrated in Figs. 9-10); and
mating the first piece of wood and the second piece of wood (par. [0054], “The two sections 720a and 720b are joined at seam 723 provided along the minor axis of the shaft 712 by an adhesive”).
York et al. teaches wherein the weight (inner portion 712) is a bar (see Fig. 10) that may be made of composite material “although various alternate types of inner portions are applicable” (par. [0054]), and teaches an alternate embodiment where an analogous weight (inner portion 222) is made of metal (par. [0044], “Alternate types of hollow shaped inner portions can be can be disposed within the wood outer portion 220 of a hockey stick, including the use of various types of metal tubing”). York et al. does not teach wherein the weight is a steel bar. However, as York et al. teaches different types of material may be used for the weight (inner portion), including metal, 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 weight of the exercise bar of York et al. to be a steel bar as a matter of obvious design choice to select a known material that is suitable to achieve the desired result of increasing the stability of the exercise bar (shaft) of York et al. It has been held to be within the ordinary skill of one in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Regarding claim 13, York et al. further discloses applying an identifier marking (absent further structural and/or functional limitations, either of protective side portions 725a or 725b constitutes an identifier marking that is applied to sides of first and second wooden portions 720a, 720b).
Regarding claim 14, York et al. further discloses wherein the identifier marking is colored (each side portion 725a, 725b inherently has a color).
Regarding claim 17, York et al. further discloses aligning the first piece of wood with the second piece of wood before mating (see Figs. 9-10 and par. [0054]).
Regarding claim 20, York et al. does not teach rounding the first piece of wood (720a) and the second piece of wood (720b) to improve grip. 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 round the first and second pieces of wood of York et al. as a matter of obvious design choice to provide an ergonomically shaped gripping surface for a user. Such a modification merely involves a change in relative shape of a component of the invention. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. See 2144.04, Section IV, Subsection B.
Claims 8, 16, and 18 is rejected under 35 U.S.C. 103 as being unpatentable over York et al. (US 2002/0037780) and further in view of Dev (US Pat. 11,964,194).
Regarding claim 8, York et al. teaches wherein the first and second piece of wood are aligned and secured to one another via an adhesive (par. [0054], “The two sections 720a and 720b are joined at seam 723 provided along the minor axis of the shaft 712 by an adhesive”), but does not teach a first alignment structure disposed on the first piece of wood and a second alignment structure disposed on the second piece of wood, wherein the first alignment structure and the second alignment structure mate to align the first piece of wood to the second piece of wood.
However, Dev teaches aligning two pieces of wood (body segments 4, col. 9 lines 9-12, “the heavier body segments 4 can be created by using weighted fillers inside hollow segments or by using heavier material such as wood or metal to construct the body segments 4”) using a first alignment structure (dowel pins 8b) on a first piece of wood and a second alignment structure (intrusions 7) on a second piece of wood, wherein the first alignment structure and the second alignment structure mate to align the first piece of wood to the second piece of wood (dowel pins 8b on first body segment 4 insert into intrusions 7 on second body segment 4, see Fig. 5e).
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 alignment of the first piece of wood and the second piece of wood of York et al. to include using first and second alignment structures in the form of dowels and intrusions, as is similarly taught by Dev, for the purpose of increasing the structural integrity of the constructed exercise bar and to ensure the first and second pieces of wood remain properly aligned during the adhering process.
Regarding claim 16, York et al. teaches wherein the identifier marking is attached to an external surface of the first and second pieces of wood (see Figs. 9-10), but does not teach inserting the identifier marking in a marking recess, wherein the marking recess is formed on the first piece of wood.
However, Dev teaches attaching two elements of an invention (body segments 4), wherein a first element (4) is attached to a second element (4) by inserting the first element into a recess in the second element (dowel pins 8b on first body segment 4 insert into intrusions 7 on second body segment 4, see Fig. 5e), the recess being formed on the second element (see Fig. 5e).
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 attachment of the identifier marking to the first piece of wood of York et al. to include inserting the identifier marking into a marking recess on the first piece of wood, as is similarly taught by Dev in the form of dowels and intrusions, for the purpose of achieving the same predictable results of securely attaching the identifier marking to the first piece of wood.
Regarding claim 18, York et al. teaches wherein the first piece of wood and the second piece of wood are aligned using an adhesive (par. [0054], “The two sections 720a and 720b are joined at seam 723 provided along the minor axis of the shaft 712 by an adhesive”), but does not teach using a complimentary alignment structure disposed on the first piece of wood and the second piece of wood.
However, Dev teaches aligning two pieces of wood (body segments 4, col. 9 lines 9-12, “the heavier body segments 4 can be created by using weighted fillers inside hollow segments or by using heavier material such as wood or metal to construct the body segments 4”) using a complimentary alignment structure disposed on the first piece of wood and the second piece of wood (dowel pins 8b on first body segment 4 and intrusions 7 on second body segment 4, see Fig. 5e).
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 alignment of the first piece of wood and the second piece of wood of York et al. to include using a complimentary alignment structure in the form of dowels and intrusions, as is similarly taught by Dev, for the purpose of increasing the structural integrity of the constructed exercise bar and to ensure the first and second pieces of wood remain properly aligned during the adhering process.
Allowable Subject Matter
Claims 6-7 and 15 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 following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the prior art of record fails to disclose or reasonably suggest an exercise bar in combination with all of the structural and functional limitations, and further comprising an intermediate layer disposed between the first piece of wood and the second piece of wood, wherein the identifier marking is disposed on the intermediate layer. Claim 7 depends directly from claim 6 and is indicated as allowable subject matter for the same reasons as stated for claim 6.
Regarding claim 15, the prior art of record fails to disclose or reasonably suggest a method of manufacturing an exercise bar in combination with all of the structural and functional limitations, and further comprising inserting an intermediate layer between the first piece of wood and the second piece of wood, wherein the identifier marking is disposed on the intermediate layer.
Response to Arguments
Applicant's arguments filed 09/25/2025 have been fully considered but they are not persuasive.
Applicant argues the prior art to York does not teach the limitation of “wherein the weight is a steel bar to increase a mass of the exercise bar without affecting external dimensions of the exercise bar” included by amendment in independent claims 1 and 12. The examiner respectfully disagrees. While York does not teach the weight (inner portion 722) is steel, modifying the weight to be made of steel would have been obvious to one of ordinary skill in the art as a matter of merely choosing a known material in the art to construct the weight. See rejections above and MPEP 2144.07. Additionally, the inclusion of the weight/inner portion in the exercise bar/shaft (712) will inherently increase the weight/inner portion of the exercise bar/shaft because the weight/inner portion inherently has a weight. Therefore, applicant’s arguments are not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 KATHLEEN FISK whose telephone number is (571)272-1042. The examiner can normally be reached 8AM-4PM M-F (Central).
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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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/KATHLEEN M FISK/Examiner, Art Unit 3784
/LOAN B JIMENEZ/Supervisory Patent Examiner, Art Unit 3784