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 .
Election/Restrictions
Applicant is reminded of applicant’s election without traverse of Species B in the reply filed on 07/04/2025.
Response to Amendment
The amendment filed 12/10/2025 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 07/28/2025.
Claims 1-9 and 14-20 have been withdrawn pursuant to the restriction requirement as being directed to non-elected species.
Claim 13 has been cancelled.
Claims 10-12 are currently pending and considered below.
Drawings
The replacement drawing for Fig. 4 was received on 12/10/2025. This drawing is accepted.
Claim Objections
Claims 11-12 are objected to because of the following informalities:
Claim 11, line 3, “the user” should read ---a user---
Claim 12, line 2, “the user’s foot” should read ---a user’s foot---
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 11-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites “the exercise barbell” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites “the initial lift-off of the exercise barbell” in line 4. There is insufficient antecedent basis for this limitation in the claim.
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 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murray et al. (US 2007/0082795).
Regarding independent claim 10, Murray et al. discloses a self-spotting bench press device (free weight support device 10) comprising:
a pair of connecting arms (lever 60 and either of vertical members 16, 18);
a pivoting connecting member (bar 64 with pivotal connections at axis 76 and 77);
an extendable arm (shafts 40 of weight supports 38);
a foot member (foot rests 62); and
wherein a first of the pair of connecting arms (either of vertical members 16, 18) extends between the pivoting connecting member (64, 76, 77) and the extendable arm (40, see Figs. 1-2, par. [0032] “A second end 78 of bar 64 is pivotally coupled to a cross brace 79 extending between the first and second vertical members 16 and 18 at member axis 77”); and
wherein a second of the connecting arms (lever 60) extends between the pivoting connecting member (64, 76, 77) and the foot member (62, see Figs. 1-2, par. [0032] “A first end 72 of bar 64 is pivotally coupled to a midsection 74 of the lever 60 at a lever axis 76”).
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Regarding claim 11, Murray et al. further discloses wherein said extendable arm (40) is configured to be aligned with the exercise barbell used by the user (see par. [0027], shafts 40 of weight supports 38 align with barbell when user places barbell into weight supports 38).
Regarding claim 12, Murray et al. further discloses wherein said foot member (62) is configured to be actuated by the user's foot and leg (par. [0032]) for pivoting said pivoting connecting member (at axes 76, 77) and raising said connecting arms (each of lever 60 and vertical members 16, 18 raises from an inclined position to a vertical position when a user presses his foot against foot rests 62) and said extendable arm (each shaft 40 of weight supports 38 raises from an inclined position to a vertical position when a user presses his foot against foot rests 62) for supporting the initial lift-off of the exercise barbell (see movement of device 10 in Figs. 1-4, where weight supports 38 are configured to support a barbell).
Response to Arguments
Applicant's arguments filed 12/10/2025 have been fully considered but they are not persuasive.
Applicant argues the connecting arms (60, 16, 18) of Murray et al. do not extend in opposing directions. However, claim 10 as written does not require the connecting arms to extend in opposing directions. Rather, claim 10 requires the connecting arms include a first connecting arm extending between the pivoting connecting member and the extendable arm (vertical members 16, 18 of Murray et al. extend between a second end 78 of bar 64 via connection with cross brace 79 at axis 77 and the extendable arm/shafts 40) and a second connecting arm extending between the pivoting connecting member and the foot member (lever 60 of Murray et al. extends between a first end 72 of bar 64 at axis 76 and foot rests 62). The connecting arms of Murray et al. satisfy the claimed structural relationships of claim 10.
Applicant further argues that neither connecting arm of Murray et al. connects to the foot member. The examiner respectfully disagrees. One of the connecting arms of Murray et al. (lever 60) directly connects to the foot member (62, par. [0032] “Foot rests 62 are attached to an upper end 70 of said lever 60”).
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