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 .
Claim Objections
Claim 20 is objected to because of the following informalities: Claim 20 is a dependent claim of claim 18 and claim 18 is not a method claim. For examining purposes, Claim 20 is considered as dependent from claim 19. Appropriate correction is required.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Radi et al., US PGPUB 20110275494 hereinafter referenced as Radi in view of Emerson, US PGPUB 20120322627.
As to claim 1, Radi discloses a muscle strengthening device comprising: a body comprising a hollow interior capable of being filled with a liquid (e.g., bladder 210, fig. 5);
a rimless handle integrally formed with the body (e.g., Handle 220, fig. 5); and
a plug positionable within the spout such that the liquid in the hollow interior is contained during use (e.g., plug 215, fig. 5).
Radi does not explicitly disclose a spout positioned within the body. However, in the same endeavor, Emerson discloses a spout positioned within the body (spout 27, fig. 8; wherein a spout 27 of the container 25 used for filling or for storing fill material for the device 10).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Radi to further include Emerson’s mechanism for filling fill material to the bladder in order to seal the field material leakage with intention of keeping the workout area clean.
As to claim 17, Radi discloses a muscle-strengthening exercise device comprising: a body comprising: a hollow interior capable of being filled with a quantity of liquid (e.g., bladder 210, fig. 5);
a handle integrally formed with the body having a wide configuration such that a user’s leverage is increased during use (e.g., Handle 220, fig. 5);
wherein a weight of the device is adjustable by a user by adding a desired amount of liquid into the hollow interior of the body ([0020] Although the invention is described in the context of a kettlebell filled with liquid, the kettlebell can be filled with any liquid or solid material suitable for filling and draining and heavy enough to suffice as a weight).
Radi discloses the general structure of the single structure of the collapsible kettlebell but does not explicitly disclose the body and handle are formed as a monoblock structure from a material selected for flexibility such that the device is capable of being thrown during use.
However, in the same endeavor, Emerson discloses the body and handle are formed as a monoblock structure from a material selected for flexibility such that the device is capable of being thrown during use ([0038] the majority of the weight and force of added fill material is transferred to the handle 18 and grip member 20 of the device 10 during carrying, raising, lowering, swinging, and rapid movements).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Radi to further include Emerson’s arrangement of the kettlebell handle in order to make exercises effective with intention of satisfies user’s goal.
As to claim 19, Radi discloses a method of using an adjustable muscle-strengthening exercises device comprising: providing a predetermined amount of a liquid to a hollow interior of a body of the device (e.g., bladder 210, fig. 5);
gripping a handle of the device to achieve a desired leverage (e.g., Handle 220, fig. 5).
Radi discloses the general structure of the single structure of the collapsible kettlebell but does not explicitly disclose moving the device such that at least some of the liquid in the hollow interior moves within the hollow interior to achieve movements closest to what a human being feels relative to the types of forces and types of resistances that would be experienced when exercising, playing sports, or moving in at least one of standing, walking, running, or throwing.
However, in the same endeavor, Emerson discloses moving the device such that at least some of the liquid in the hollow interior moves within the hollow interior to achieve movements closest to what a human being feels relative to the types of forces and types of resistances that would be experienced when exercising, playing sports, or moving in at least one of standing, walking, running, or throwing ([0038] the majority of the weight and force of added fill material is transferred to the handle 18 and grip member 20 of the device 10 during carrying, raising, lowering, swinging, and rapid movements).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Radi to further include Emerson’s arrangement of the kettlebell handle in order to make exercises effective with intention of satisfies user’s goal.
As to claim 2, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the body is substantially round (Radi, e.g., bladder 210, fig. 5).
As to claim 3, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the device has a monoblock structure comprising the body and the handle (Radi, e.g., Kettlebell system 200, fig. 5).
As to claim 4, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 3. The combination further discloses the monoblock structure comprises at least one of rubber and PVC (polyvinyl chloride) (Radi, [0027] In an exemplary embodiment of the invention, the collapsible bladder 100 is manufactured from a vinyl polymer or synthetic rubber such as neoprene or polychloroprene).
As to claim 5, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses a material used in the body and handle selected for at least one of flexibility, durability, or functionality (Emerson, [0034] Reinforcing means of the formed cavity is provided by flexible webbing material formed of nylon or polyester or the like in a durable fabric such as those found in car seatbelts).
As to claim 6, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the spout is positioned on a first side of the body proximate the handle and an upper surface of the body (Emerson, spout 27, fig. 8; wherein a spout 27 of the container 25 used for filling or for storing fill material for the device 10).
As to claim 7, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the spout couples the hollow interior of the body to an exterior of the body such that the spout acts as an inlet into or an outlet out of the body for the liquid (Emerson, spout 27, fig. 8; wherein a spout 27 of the container 25 used for filling or for storing fill material for the device 10).
As to claim 8, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses during use the spout and the plug are positioned within the body such that the plug is substantially flush with an outer surface of the body (Emerson, [0041] To aid in the easy filling, or refilling of the device, with any of a plurality of providable materials, the fill aperture 28 includes a releasable closure, such as hook and loop fasteners 30 or other engageable fasteners or suitable closure means, employed in the interior surface of the cylindrical sidewall extension 22 at or near the distal end 26 as can be seen in FIG. 5).
As to claim 9, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the hollow interior is empty in a first state and wherein the hollow interior is filled with a quantity of liquid based on user needs in a second state (Emerson, spout 27, fig. 8; wherein a spout 27 of the container 25 used for filling or for storing fill material for the device 10).
As to claim 10, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the body and handle of the device each have a shape and a material selected to inhibit injury of a user during use (Radi, [0006] Some conventional kettlebells feature adjustable weights or are rubber coated to improve safety).
As to claim 11, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the handle is configured to increase at least one of an amount of leverage or an amount of maneuverability that a user has during use to allow a user to catch, throw, and slam the device (Emerson, [0038] the majority of the weight and force of added fill material is transferred to the handle 18 and grip member 20 of the device 10 during carrying, raising, lowering, swinging, and rapid movements).
As to claim 12, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the handle is positioned on a top surface of the body (Radi, handle 220, fig. 8).
As to claim 13, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the handle has a wide configuration capable of allowing a user to grip the handle with two hands (Radi, [0021] A handle is provided as a point of grip by the user).
As to claim 14, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 12. The combination further discloses the handle is configured to allow the user to position the hands in a side-by-side configuration such the user’s two hands form two parallel fists during use of the device (Radi, e.g., the arrangement of handle 220, fig. 5).
As to claim 15, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses the device is adjustable based on needs of a user by adding or removing liquid through the spout (Emerson, [0021] It is an object of the invention to provide a kettlebell exercise device that can be adjusted in weight due to operative filling of weighted fill material into the device).
As to claim 16, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 1. The combination further discloses a quantity of the liquid in the hollow interior of the body determined by a user such that during use the distribution of the weight of the liquid, moving around the device achieves movements closest to what a human being feels relative to the types of forces and types of resistances that would be experienced when exercising, playing sports, or moving in at least one of standing, walking, running, or throwing (Emerson, [0038] the majority of the weight and force of added fill material is transferred to the handle 18 and grip member 20 of the device 10 during carrying, raising, lowering, swinging, and rapid movements).
As to claim 18, the combination of Radi and Emerson discloses the muscle-strengthening exercise device of claim 16. The combination further discloses the quantity of the liquid in the hollow interior of the body is selected by a user such that during use the distribution of the weight of the liquid moving around the device achieves movements closest to what a human being feels relative to the types of forces and types of resistances that would be experienced when exercising, playing sports, or moving in at least one of standing, walking, running, or throwing (Emerson, [0038] the majority of the weight and force of added fill material is transferred to the handle 18 and grip member 20 of the device 10 during carrying, raising, lowering, swinging, and rapid movements).
As to claim 20, the combination of Radi and Emerson discloses the method of claim 19. The combination further discloses moving the device comprises at least one of holding, throwing, catching, turning, swinging, slamming, or performing corkscrew hand movements with the device (Emerson, [0038] the majority of the weight and force of added fill material is transferred to the handle 18 and grip member 20 of the device 10 during carrying, raising, lowering, swinging, and rapid movements).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DiLuglio, US PGPUB 20100248910 discloses a kettlebell having a hollow interior portion, and a substantially flat surface upon which the kettlebell may rest. The interior portion is lined with a water-impervious coating. Additionally, or alternatively, the interior portion may have a water-impervious bladder disposed therein.
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 SAHLU OKEBATO whose telephone number is (571)270-3375. The examiner can normally be reached Mon - Fri 8:00 - 5:00.
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, WILLIAM BODDIE can be reached at 571-272-0666. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAHLU OKEBATO/Primary Examiner, Art Unit 2625 9/23/2025