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 .
Examiner’s Comments
Claims 1 and 11 have been amended by applicant. The specification has been amended by applicant.
In light of amendments made by applicant, the specification objection and the 112b rejection have been withdrawn by the examiner.
Claims 1-20 remain rejected by applicant.
Claim Objections
Claims 15 and 18 are objected to because of the following informalities:
In claim 15, line 1, “the number of openings are”, should read –each of the number of openings are—
In claim 18, lines 3-4, “to the vertical guide”, should read –to the at least one vertical guide--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seo (Korean Patent Publication No. KR102340922B1).
Regarding claim 1, Seo shows an exercise apparatus (Seo, weight exercise device, page 2) comprising: a frame (Seo, first support frame 10 and second support frame 20, page 3) having a first vertical guide and a second vertical guide (Seo, guide rods, page 1, see annotated FIG. 1 below); a first selectorized weight stack (Seo, first lat pull-down weight body 120, page 4) and a second selectorized weight stack (Seo, second lat pull-down weight 220, page 4) coupled to the frame (Seo, see annotated FIG. 1 below); a first carriage assembly (Seo, first height-adjusting bracket 160, page 4) and a second carriage assembly (Seo, second height-adjusting bracket 260, page 4) coupled to the first and second selectorized weight stacks, respectively (Seo, “A first pulling guide pulley 170 and a first guide pulley 171 axially fixed to the front of the first height bracket 160, the first lower pulley 132 and the first upper pulley 140 and A first cable ( 180), and the first pulling guide pulley 170 and the first The first cable pull-down ball ( 190) is provided… A second pulling guide pulley 270 and a second guide pulley 271 fixed to the front of the second height bracket 260, the second lower pulley 232 and the second upper pulley 240, and A second cable ( 280) and the second pulling guide pulley 270 and the second The second cable pull-down mechanism ( 290) is provided”, pages 3-4, see FIGS. 4-5 below), each of the first and second carriage assemblies comprising a rack (Seo, “a guide rod vertically connected to the support frame body, a vertical movement guide connected to the guide rod by a bearing, a barbell rod connected to the vertical movement guide, and a vertical movement guide connected to a barbell rod”, page 1, see annotated FIGS. 2-3; The vertical movement guides labeled in FIGS. 2-3 show a rack for each of the first and second carriage assemblies of the claimed invention) movably coupled to a respective one of the first and second selectorized weight stacks and having a number of openings (Seo, see annotated FIGS. 2-3 below; The labeled rack of Seo being connected to the first support frame and the second support frame, respectively, and consequently the first lat pull-down body and the second lat pull-down weight body, while moving independently from the first lat pull-down body and the second lat pull-down weight body via the barbell bar, shows, in the broadest reasonable interpretation of the claim, each rack of the claimed invention being movably coupled to a respective one of the first and second sectorized weight stacks. The number of openings of the claimed invention is labeled below in FIG. 1 and also seen in FIGS. 2-4); and an exercise bar (Seo, barbell bar 80, pages 1 and 3) movably coupled to the frame (Seo, “The first weight body 40 and the second weight body 50 of the present invention are raised and lowered by the operation of lifting the barbell bar 80 to enable upper body muscle movement of the exerciser, which is a known technique”, page 3), the exercise bar having a first end (Seo, see annotated FIG. 1 below) comprising a first latching hook (Seo, see annotated FIG. 1 below) and a second end (Seo, see annotated FIG. 1 below) having a second latching hook (Seo, see annotated FIG. 1 below), the first latching hook or the second latching hook configured to engage or disengage with an opening of the number of openings in the rack (Seo, FIGS. 2-3; Although not explicitly written in the description of Seo, FIGS. 2-3 show hooks that engages with one of the openings of each of the labeled racks. The barbell bar freely slides along vertical movement guides by a bearing labeled below. Therefore, the hooks engage the corresponding racks at adjacent openings in order for the barbell bar to lift the first weight body and the second weight body for a user to experience resistance while using the barbell rod at varying heights).
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Regarding claim 2, Seo shows the exercise apparatus of claim 1 wherein the first and second carriage assemblies are coupled to the first and second selectorized weight stacks by a cable and pulley system (Seo, “The first upper pulley body 140 of the present invention is provided on one side of the first upper pulley bracket 130, respectively, and the first upper pulley 141 is positioned to correspond to the first weight pulley 122. and a second upper pulley 142 positioned on one side of the first upper pulley 141, and a third upper pulley 143 and a fourth upper pulley 144 that are respectively axially installed on the other side of the first upper pulley bracket 130. and the first cable 180, after being wound around the first lower pulley 132, a third upper pulley 143 and a second upper pulley 142, a first weight pulley 122, The first upper pulley 141 and the fourth upper pulley 144 are sequentially wound and provided to pass through… In addition, in the second upper pulley body 240 of the present invention, each of the second upper pulley brackets 230 is provided axially on one side and a fifth upper pulley 241 positioned to correspond to the second weight pulley 222 . ) and a sixth upper pulley 242 located on one side of the fifth upper pulley 241, and a seventh upper pulley 243 and an eighth upper pulley 244 that are respectively axially installed on the other side of the second upper pulley bracket 230 ), and the second cable 280 is wound around the second lower pulley 232 , and then a seventh upper pulley 243 , a sixth upper pulley 242 , and a second weight pulley 222 ). , the fifth upper pulley 241 and the eighth upper pulley 244 are sequentially wound and made to pass through”, pages 5-6, see FIGS. 4-5 above).
Regarding claim 3, Seo shows the exercise apparatus of claim 1 wherein the rack is vertically aligned with the first and second vertical guides such that the number of openings are located at different vertical positions along the first and second vertical guides (Seo, see FIGS. 4-5 below).
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Regarding claim 4, Seo shows the exercise apparatus of claim 1 wherein when the first or second latching hook engages with the opening (Seo, see FIGS. 1-3), the exercise bar is coupled to the first and second carriage assemblies and the first and second selectorized weight stacks to increase a resistance of the exercise bar (Seo; In the broadest reasonable interpretation of the claim, the barbell bar of Seo being coupled to the frame, seen in FIGS. 1-3, shows the exercise bar of the claimed invention being coupled to the first and second carriage assemblies as the first height-adjusting bracket and the second height-adjusting bracket of Seo are also coupled to the frame. Moreover, in light of the functional language of the claim and the claim language lacking any structure for the coupling of the exercise bar with the first and second selectorized weight stacks, Seo also shows the exercise bar being coupled to the first and second selectorized weight stacks to increase a resistance of the exercise bar).
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Regarding claim 5, Seo shows the exercise apparatus of claim 4 wherein the first and second carriage assemblies and the first and second selectorized weight stacks move vertically together with the exercise bar during an exercise operation (Seo; The first height-adjusting bracket and the second height-adjusting bracket of Seo are shown in FIGS. 4-5 as moving vertically with the first lat pull-down weight body and second lat pull-down weight. The barbell bar of Seo is connected to a vertical movement guide, cited above in claim 1. In the broadest reasonable interpretation of the claim, and the functional language of the claim, the first height-adjusting bracket, the second height-adjusting bracket, the first lat pull-down weight body, the second lat pull-down weight, and the barbell bar of Seo move vertically together during an exercise operation).
Regarding claim 6, Seo shows the exercise apparatus of claim 1 wherein each of the first and second carriages assemblies further comprise a roller element fixedly coupled to the rack and configured to translate along at least one of the first or second vertical guides (Seo, “a vertical movement guide connected to the guide rod by a bearing”, page 1; The bearing of Seo shows the roller element of the claimed invention. The vertical movement guide of Seo translates along the guide rod, thereby, showing the roller element of the claimed invention configured to translate along at least one of the first or second vertical guides).
Regarding claim 7, Seo shows the exercise apparatus of claim 1 wherein the frame further comprises a third vertical guide (Seo, see annotated FIG. 1 below) and a fourth vertical guide (Seo, see annotated FIG. 1 below), and the rack of the first carriage assembly translates along the third vertical guide and the rack of the second carriage assembly translates along the fourth vertical guide (Seo, see annotated FIG. 1 below).
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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 8-11 are under 35 U.S.C. 103 as being unpatentable over Seo (Korean Patent Publication No. KR102340922B1), in view of Seo (PG Patent Publication No. US20210023410A1).
Regarding claim 8, Seo shows the exercise apparatus of claim 1, including the exercise bar, the first latching hook, the second latching hook, and the rack.
Although Seo discloses a barbell bar with hooks on either end that engages with the labeled rack above in claim 1, Seo fails to explicitly show a rotation of the exercise bar causes the first latching hook or the second latching hook to engage or disengage with the opening in the rack.
However, Seo -410, from the same field of endeavor, teaches a rotation of the exercise bar causes the first latching hook or the second latching hook to engage or disengage with the opening in the rack (Seo -410, paragraph 36, see FIG. 5 below; The weight lifting rod 40 of Seo is connected to the first hinge projection/protrusion 41 and the second hinge projection/protrusion 43, as well as the first hinge fastener 42 and the second hinge fastener 44 of Seo, seen in FIG. 2 below. Therefore, the rotation of the first hinge projection/protrusion and the second hinge protrusion/protrusion of Seo, and consequently the first hinge fastener and the second hinge fastener, is synonymous with the rotation of the weight lifting rod of Seo, thereby showing a rotation of the exercise bar of the claimed invention causes the first latching hook or the second latching hook to engage or disengage with the opening in the rack of the claimed invention).
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the assembly of the barbell bar and the labeled latching hooks of Seo to be replaced with the assembly of the weight lifting rod, the first hinge projection/protrusion, the second hinge projection/protrusion, the first hinge fastener, and the second hinge fastener of Seo -410 as Seo fails to provide any specifics about the barbell bar as disclosed on page 3, “The first weight body 40 and the second weight body 50 of the present invention are raised and lowered by the operation of lifting the barbell bar 80 to enable upper body muscle movement of the exerciser, which is a known technique. A description is omitted”. Seo -410 provides the specifics that Seo fails to provide. It, therefore, would have been obvious to mount the first guide rod and the third guide rod of Seo -410 to the first support frame and second support frame of Seo similar to that of the guide rod that supports the barbell bar of Seo such that the barbell rod, the first hinge projection/protrusion, the second hinge projection/protrusion, the first hinge fastener, and the second hinge fastener of Seo -410 engages with the openings of the labeled rack.
Regarding claim 9, Seo shows the exercise apparatus of claim 1, including the exercise bar and the first and second vertical guides.
Seo fails to explicitly show a first bearing assembly coupled to the first end of the exercise bar and a second bearing assembly coupled to the second end of the exercise bar, the first bearing assembly and the second bearing assembly configured to couple the exercise bar to the first and second vertical guides and allow for rotation of the exercise bar relative to the first and second vertical guides.
However, Seo -410, from the same field of endeavor, teaches a first bearing assembly (Seo -410, first hinge groove 31, paragraph 0030) and a second bearing assembly (Seo -410, second hinge groove 32, paragraph 0030).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the assembly of the barbell bar and the labeled latching hooks of Seo to be replaced with the assembly of the weight lifting rod, the first hinge projection/protrusion, the second hinge projection/protrusion, the first hinge fastener, and the second hinge fastener of Seo -410 as Seo fails to provide any specifics about the barbell bar as disclosed on page 3. Seo -410 provides the specifics that Seo fails to provide. It, therefore, would have been obvious to mount the first guide rod and the third guide rod of Seo -410 to the first support frame and second support frame of Seo similar to that of the guide rod that supports the barbell bar of Seo such that the barbell rod, the first hinge projection/protrusion, the second hinge projection/protrusion, the first hinge fastener, and the second hinge fastener of Seo -410 engages with the openings of the labeled rack. Seo -410 also discloses on page 5, “the weight lifting rod 40 is lifted to lift the weight of the first hinge fastener 42 provided on one side of the weight lifting rod 40 The first bearing body 30a and the second bearing body 30b connected to the first weight lifting gear 50a and the first weight lifting gear 50a in which the first hinge projections 41 are engaged are lifted do”. With this modification, the barbell bar of Seo is connected to the first hinge groove, the first hinge protrusion/projection and the first hinge fastener of Seo -410, as well as, the second hinge groove, the second hinge protrusion/projection, and the second hinge fastener seen in FIGS. 2 and 3 below. The first hinge groove and the second hinge groove of Seo -410 connect the barbell bar of Seo to the first guide rod and the third guide rod, respectively. The rotation of the first hinge protrusion/projection, the first hinge fastener, the second hinge protrusion/protrusion, and the second hinge fastener of Seo -410 are synonymous with the rotation of the barbell bar of Seo, thereby teaching, the first bearing assembly and the second bearing assembly of the claimed invention being configured to couple the exercise bar to the first and second vertical guides and allow for rotation of the exercise bar relative to the first and second vertical guides.
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Regarding claim 10, Seo shows the exercise apparatus of claim 1, including the exercise bar.
Seo fails to show a counterbalance weight coupled to the exercise bar to reduce a starting resistance of the exercise bar.
However, Seo -410, from the same field of endeavor, teaches a counterbalance weight (Seo -410, “The equipment of the present disclosure includes a first wire 62 having one side connected to the first bearing body 30a and an opposite side connected to a first counterweight 61, a second wire 64 having one side connected to the third bearing body 30c and an opposite side connected to a second counterweight 63, a first roller bearing 65 configured to guide the first wire 62, and a second roller bearings 66 configured to guide the second wire 64”, paragraph 0045; The first counterweight 61 and the second counterweight of Seo(-410) teaches the counterbalance weight of the claimed invention).
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the weight exercise device of Seo to include the first counterweight, the second counterweight, as well as the first wire, the second wire, the first roller bearing, and the second roller bearing of Seo -410 so that the first weight body and the second weight body of Seo “may be lifted and lowered smoothly and easily without generating noise” (Seo -410, paragraph 0048). With this modification, the first counterweight and the second counterweight Seo -410 are connected to the barbell bar of Seo with the first wire, the first roller bearing, the second wire, and the second roller bearing, respectively, thereby teaching the counterbalance weight of being coupled to the exercise bar of the claimed invention. Furthermore, the addition off the first counterweight and the second counterweight of Seo -410 with the weight exercise device of Seo teaches the functional limitation of reducing a starting resistance of the bar as a result of the connection and arrangement of the first counterweight and the second counter weight with the first weight body and the second weight body respectively. Moreover, in order for the first weight body and the second weight body to be “lifted and lowered smoothly and easily without generating noise”, the starting resistance of the exercise bar must be reduced.
Regarding claim 11, Seo, in view of Seo -410, teaches the exercise apparatus of claim 10 wherein the exercise bar is coupled to the counterbalance weight by a cable and pulley system (Seo -410, first wire 62, second wire 64, first roller bearing 65, and second roller bearing 66, paragraph 0045; See claim 10 above for how the barbell bar of Seo is coupled to the first counter weight and the second counterweight of Seo -410).
Claims 12-20 are under 35 U.S.C. 103 as being unpatentable over Seo (Korean Patent Publication No. KR102340922B1), in view of Seo (PG Patent Publication No. US20210023410A1).
Regarding claim 12, Seo shows an exercise apparatus (Seo, weight exercise device, page 2) comprising: a frame (Seo, first support frame 10 and second support frame 20, page 3) having at least one vertical guide (Seo, guide rod, page 1, see annotated FIG. 1 above in claim 1); a carriage assembly (Seo, first height-adjusting bracket 160, page 4) coupled to the at least one vertical guide (Seo, “A first pulling guide pulley 170 and a first guide pulley 171 axially fixed to the front of the first height bracket 160, the first lower pulley 132 and the first upper pulley 140 and A first cable ( 180), and the first pulling guide pulley 170 and the first The first cable pull-down ball ( 190) is provided”, pages 3-4, see FIG. 4 above in claim 1), the carriage assembly comprising a roller element and a rack operable to translate along the at least one vertical guide (Seo, “a vertical movement guide connected to the guide rod by a bearing”, page 1, and “a guide rod vertically connected to the support frame body, a vertical movement guide connected to the guide rod by a bearing, a barbell rod connected to the vertical movement guide, and a vertical movement guide connected to a barbell rod”, page 1, see annotated FIGS. 2-3 above in claim 1; The bearing of Seo shows the roller element of the claimed invention. The vertical movement guide of Seo translates along the guide rod, thereby, showing the roller element of the claimed invention configured to translate along at least one vertical guide. Furthermore, the vertical movement guide labeled in FIGS. 2 above in claim 1 shows a rack for the carriage assembly of the claimed invention); a selectorized weight stack (Seo, first lat pull-down weight body 120, page 4) coupled to the carriage assembly by a cable and pulley system (Seo, “The first upper pulley body 140 of the present invention is provided on one side of the first upper pulley bracket 130, respectively, and the first upper pulley 141 is positioned to correspond to the first weight pulley 122. and a second upper pulley 142 positioned on one side of the first upper pulley 141, and a third upper pulley 143 and a fourth upper pulley 144 that are respectively axially installed on the other side of the first upper pulley bracket 130. and the first cable 180, after being wound around the first lower pulley 132, a third upper pulley 143 and a second upper pulley 142, a first weight pulley 122, The first upper pulley 141 and the fourth upper pulley 144 are sequentially wound and provided to pass through”, pages 5-6, see FIGS. 4-5 above in claim 2).
Although Seo discloses in page 3, “The first weight body 40 and the second weight body 50 of the present invention are raised and lowered by the operation of lifting the barbell bar 80 to enable upper body muscle movement of the exerciser, which is a known technique” and discloses at least one latching hook seen in FIG. 2 above in claim 1, Seo fails to explicitly show a counterbalanced exercise bar coupled to the at least one vertical guide and having at least one latching hook configured to engage or disengage with the rack.
However, Seo -410, from the same field of endeavor, discloses in paragraph 0045, “The equipment of the present disclosure includes a first wire 62 having one side connected to the first bearing body 30a and an opposite side connected to a first counterweight 61, a second wire 64 having one side connected to the third bearing body 30c and an opposite side connected to a second counterweight 63, a first roller bearing 65 configured to guide the first wire 62, and a second roller bearings 66 configured to guide the second wire 64”.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the weight exercise device of Seo to include the first counterweight, the second counterweight, as well as the first wire, the second wire, the first roller bearing, and the second roller bearing of Seo -410 so that the first weight body and the second weight body of Seo “may be lifted and lowered smoothly and easily without generating noise” (Seo -410, paragraph 0048). With this modification, the first counterweight and the second counterweight Seo -410 are connected to the barbell bar of Seo with the first wire, the first roller bearing, the second wire, and the second roller bearing, respectively, thereby teaching the counterbalanced exercise bar being coupled to the at least one vertical guide. Furthermore, the addition off the first counterweight and the second counterweight of Seo -410 with the weight exercise device of Seo teaches the counterbalanced exercise bar having at least one latching hook configured to engage or disengage with the rack of the claimed invention as the at least one latching hook is already shown in Seo above.
Regarding claim 13, Seo, in view of Seo -410, teaches the exercise apparatus of claim 12 wherein the rack comprises a number of openings vertically aligned with the at least one vertical guide (Seo, see annotated FIG. 2 above in claim 1; The number of openings of the claimed invention is labeled above and shown to be vertically aligned with the guide rod of Seo which shows the at least one vertical guide of the claimed invention.), and the at least one latching hook engages with an opening of the number of openings to increase a resistance of the exercise bar (Seo, FIGS. 2-3; Although not explicitly written in the description of Seo, FIG. 2 shows a hook that engages with one of the openings of the labeled rack. The barbell bar freely slides along vertical movement guides by a bearing labeled below. Therefore, the hooks engage the corresponding racks at adjacent openings in order for the barbell bar to lift the first weight body for a user to experience resistance while using the barbell rod at varying heights).
Regarding claim 14, Seo, in view of Seo -410, teaches the exercise apparatus of claim 13 wherein when the latching hook engages with an opening, the carriage assembly and the selectorized weight stack move vertically together with the exercise bar during an exercise operation (Seo; The first height-adjusting bracket of Seo is shown in FIG. 4 as moving vertically with the first lat pull-down weight body. The barbell bar of Seo is connected to a vertical movement guide, cited above in claim 1. In the broadest reasonable interpretation of the claim, and the functional language of the claim, the first height-adjusting bracket, the first lat pull-down weight body, and the barbell bar of Seo move vertically together during an exercise operation with the labeled hook engaged within an opening).
Regarding claim 15, Seo, in view of Seo -410, teaches the exercise apparatus of claim 13 wherein the number of openings are located at different vertical positions along the at least one vertical guide (Seo, see FIG. 4 in claim 3 above).
Regarding claim 16, Seo, in view of Seo -410, teaches the exercise apparatus of claim 12, including the exercise bar, the latching hook, and the rack.
Although Seo discloses a barbell bar with hooks on either end that engages with the labeled rack above in claim 12, Seo fails to explicitly show a rotation of the exercise bar causes the latching hook to engage or disengage with the rack.
However, Seo -410, from the same field of endeavor, teaches a rotation of the exercise bar causes the first latching hook or the second latching hook to engage or disengage with the opening in the rack (Seo -410, paragraph 36, see FIG. 5 above in claim 8; The weight lifting rod 40 of Seo is connected to the first hinge projection/protrusion 41 and the second hinge projection/protrusion 43, as well as the first hinge fastener 42 and the second hinge fastener 44 of Seo, seen in FIG. 2 below. Therefore, the rotation of the first hinge projection/protrusion and the second hinge protrusion/protrusion of Seo, and consequently the first hinge fastener and the second hinge fastener, is synonymous with the rotation of the weight lifting rod of Seo, thereby showing a rotation of the exercise bar of the claimed invention causes the latching hook to engage or disengage with the opening in the rack of the claimed invention).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the assembly of the barbell bar and the labeled latching hooks of Seo to be replaced with the assembly of the weight lifting rod, the first hinge projection/protrusion, the second hinge projection/protrusion, the first hinge fastener, and the second hinge fastener of Seo -410 as Seo fails to provide any specifics about the barbell bar as disclosed on page 3, “The first weight body 40 and the second weight body 50 of the present invention are raised and lowered by the operation of lifting the barbell bar 80 to enable upper body muscle movement of the exerciser, which is a known technique. A description is omitted”. Seo -410 provides the specifics that Seo fails to provide. It, therefore, would have been obvious to mount the first guide rod and the third guide rod of Seo -410 to the first support frame and second support frame of Seo similar to that of the guide rod that supports the barbell bar of Seo such that the barbell rod, the first hinge projection/protrusion, the second hinge projection/protrusion, the first hinge fastener, and the second hinge fastener of Seo -410 engages with the openings of the labeled rack.
Regarding claim 17, Seo, in view of Seo -410, teaches the exercise apparatus of claim 12 wherein the frame further comprises a second carriage assembly (Seo, second height-adjusting bracket 260, page 4) having a roller element and a rack coupled to a second vertical guide (Seo, “a vertical movement guide connected to the guide rod by a bearing”, page 1, and “a guide rod vertically connected to the support frame body, a vertical movement guide connected to the guide rod by a bearing, a barbell rod connected to the vertical movement guide, and a vertical movement guide connected to a barbell rod”, page 1, see annotated FIG. 3 above in claim 1; The bearing of Seo shows the roller element of the claimed invention. The vertical movement guide of Seo translates along the guide rod, thereby, showing the roller element of the claimed invention configured to translate along the second vertical guide. Furthermore, the vertical movement guide labeled in FIG. 3 shows a rack for the second carriage assembly of the claimed invention), a third vertical guide (Seo, see annotated FIG. 1 above in claim 7) and a fourth vertical guide (Seo, see annotated FIG. 1 above in claim 7), and the rack of the first carriage assembly translates along the third vertical guide and the rack of the second carriage assembly translates along the fourth vertical guide (Seo, see annotated FIG. 1 above in claim 7).
Regarding claim 18, Seo, in view of Seo -410, teaches the exercise apparatus of claim 12, including the exercise bar and the vertical guide.
Seo fails to explicitly show a bearing assembly coupled to an end of the exercise bar and the bearing assembly (Seo -410, first hinge groove 31, paragraph 0030).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the assembly of the barbell bar and the labeled latching hooks of Seo to be replaced with the assembly of the weight lifting rod, the first hinge projection/protrusion, the second hinge projection/protrusion, the first hinge fastener, and the second hinge fastener of Seo -410 as Seo fails to provide any specifics about the barbell bar as disclosed on page 3. Seo -410 provides the specifics that Seo fails to provide. It, therefore, would have been obvious to mount the first guide rod and the third guide rod of Seo -410 to the first support frame and second support frame of Seo similar to that of the guide rod that supports the barbell bar of Seo such that the barbell rod, the first hinge projection/protrusion, the second hinge projection/protrusion, the first hinge fastener, and the second hinge fastener of Seo -410 engages with the openings of the labeled rack. Seo -410 also discloses on page 5, “the weight lifting rod 40 is lifted to lift the weight of the first hinge fastener 42 provided on one side of the weight lifting rod 40 The first bearing body 30a and the second bearing body 30b connected to the first weight lifting gear 50a and the first weight lifting gear 50a in which the first hinge projections 41 are engaged are lifted do”. With this modification, the barbell bar of Seo is connected to the first hinge groove, the first hinge protrusion/projection and the first hinge fastener of Seo -410, as well as, the second hinge groove, the second hinge protrusion/projection, and the second hinge fastener seen in FIGS. 2 and 3 below. The first hinge groove and the second hinge groove of Seo -410 connect the barbell bar of Seo to the first guide rod and the third guide rod, respectively. The rotation of the first hinge protrusion/projection, the first hinge fastener, the second hinge protrusion/protrusion, and the second hinge fastener of Seo -410 are synonymous with the rotation of the barbell bar of Seo, thereby teaching, the bearing assembly of the claimed invention being configured to couple the exercise bar to the at least one vertical guide and allow for rotation of the exercise bar relative to the vertical guides.
Regarding claim 19, Seo, in view of Seo -410, teaches the exercise apparatus of claim 12 further comprising a counterbalance weight (Seo -410, first counterweight 61 and second counterweight 63, paragraph 0045) coupled to the exercise bar to reduce a starting resistance of the exercise bar (Seo -410, “the first weight 5 and the second weight 6 may be lifted and lowered smoothly and easily without generating noise”, paragraph 0048; The addition off the first counterweight and the second counterweight of Seo -410 with the weight exercise device of Seo teaches the functional limitation of reducing a starting resistance of the bar as a result of the connection and arrangement of the first counterweight and the second counter weight with the first weight body and the second weight body respectively. Moreover, in order for the first weight body and the second weight body to be “lifted and lowered smoothly and easily without generating noise”, the starting resistance of the exercise bar must be reduced).
Regarding claim 20, Seo, in view of Seo -410, teaches the exercise apparatus of claim 19 wherein the exercise bar is coupled to the counterbalance weight by a cable and pulley system (Seo -410, first wire 62, second wire 64, first roller bearing 65, and second roller bearing 66, paragraph 0045; See claim 12 above for how the barbell bar of Seo is coupled to the first counter weight and the second counterweight of Seo -410).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 12 have been considered but are moot because the new ground of rejection relies on Seo (KR102340922B1) rather than Seo (US20210023410A1) to teach the limitations in question.
Applicant continues to assert, “Applicant thus respectfully submits that claims 1, 12 and their dependent claims, are patentable over Seo for at least the reasons discussed herein, and requests that the rejection under 35 U.S.C. §102(a)(1) and 35 U.S.C. § 102(a)(2) be withdrawn”.
This argument is not persuasive. Claims 1 and 12 remain rejected. The corresponding dependent claims also remain rejected, see 103 rejections above.
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 J NICOLE LOBERIZA whose telephone number is (571)272-4741. The examiner can normally be reached 8am - 5:30pm.
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/JACQUELINE N L LOBERIZA/Examiner, Art Unit 3784
/LOAN B JIMENEZ/Supervisory Patent Examiner, Art Unit 3784
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