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 following Office Action is in response to amendments filed on 10/30/2025. Claims 1-9 are pending in the application. Claims 1-9 have been rejected as set forth below.
Drawings
The drawings are objected to because the newly added Figure 8 and Figure 9 in the Drawings filed on 10/30/2025, include features that were not originally present and are therefore, New Matter. For instance, the embodiment of the indoor cycling training apparatus shown in each of Figures 8 and 9, includes structural components that were not present and/or were connected differently than in the embodiment of the indoor cycling training apparatus as originally shown Figs. 1-7. As such, Figures 8 and 9 of the drawings are NOT accepted by the Examiner and are NOT entered. A comparison between the originally filed embodiment of the indoor cycling training apparatus shown in Fig. 2 and the embodiment of the indoor cycling training apparatus filed on 10/30/2025 and shown in Figs. 8 and 9, is provided below. The arrows are pointing to the newly added features/connections (New Matter) in each of Figs. 8 and 9.
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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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “means for detecting an angular position and a load to which each of said cranks is subjected” in claim 1, the “circular hydraulic actuator” and “electromechanically-operated valve”, in claim 5, must be shown or the features canceled from the claims. No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Note to Applicant:
Applicant is suggested to amend the drawings to include new Figure(s) in which various components of the apparatus including the “circular hydraulic actuator” and “electromechanically-operated valve” are shown as respective boxes (with corresponding reference numbers 15 and 16) and connecting lines in a diagram, to overcome the drawing objections and avoid further introduction of New Matter.
Specification
The amendment filed 10/30/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added materials which are not supported by the original disclosure are as follows:
The newly added paragraphs [39] recites: “an embodiment of gymnastic apparatus including means (9) for detecting in real time the position of each crank and means (10) for detecting the effort, or load, exerted on it”. Two separate means including: I) means (9) for detecting in real time the position of each crank and II) means (10) for detecting the effort or load exerted on it, are considered New Matter. The original claims and the specification as well as the current claims, recite: “means for detecting the/an angular position and the/a load to which each of said cranks is subjected”. As such inclusion of two separate means, is considered New Matter.
The new paragraph [46] also recites the two separate detecting means (9) and (10) and further recites: “a command and control system (8) of electronic type, functionally connected to means (9) for detecting in real time the position of each crank and means (10) for detecting, the effort, or lad, exerted on it. These means for determining angular position and load are known to those skilled in the art and are of the type commonly used in gymnastic apparatus equipped with levers and/or cranks. For example, depending on the possible embodiments falling within the scope of the present invention, optical encoders, inductive position sensors, magnetic or Hall effect sensors, capacitive sensors, magnetostrictive sensors, potentiometers, gyroscopes, and other equivalent means known to those skilled in the art may be implemented to detect the position of the cranks; such means (9) for detecting angular position may be mounted on the cranks or on a shaft (6). To detect the load, pressure sensors (absolute or differential), strain gauge load cells, torque sensors, magnetostrictive sensors, or other equivalent means known to those skilled in the art may be implemented; these means (10) for detecting loas may alternatively be mounted on one of the cranks or on a shaft or on the hydraulic circuit, depending on the different embodiments”. However, all the newly added subject matter of paragraph [46], underlined above, including the two separate means: I) means (9) for detecting in real time the position of each crank and II) means (10) for detecting the effort or load exerted on it, their specific structures, mounting locations and use of these two separate means with apparatus having levers and/or cranks, are considered New Matter.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities: the phrase “the braking torque” in line 6, needs to be changed to “a braking torque”, and the phrase “said shaft” in each of lines 7 and 12, needs to be changed to “said transverse shaft”. Appropriate corrections are required.
Claim 3 is objected to because of the following informalities: the phrase “said shaft” in line 2, needs to be changed to “said transverse shaft”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: the phrase “said shaft” in line 2, needs to be changed to “said transverse shaft”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“contrast unit” exerting a braking torque/action on said shaft in claim 1,
“motion reversing means” which force them [the cranks] to rotate simultaneously in the opposite direction, in claim 1, and
“motion transmission system” which can vary the ratio of transmission, in claim 8.
In these limitations, the terms “unit”, “means” and “system”, are generic placeholders, respectively, that are coupled with functional language of: exerting a braking torque/action on said shaft (the braking torque exerted on said shaft by at least one contrast unit/the actions exerted by said contrast unit), force them [the cranks] to rotate simultaneously in the opposite direction, and vary the ratio of transmission, without reciting sufficient structure to perform the recited functions and the generic placeholders are not preceded by a structural modifier.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. According to the specification (including the originally filed claims):
“contrast unit” has been considered to include one of: an electric servomotor, a circular hydraulic actuator (see ¶ [0046], [0048] of the specification and the original claims 4-5), and equivalents thereof.
“motion reversing means” has been considered to include: hydraulic piston / cylinder assemblies in hydraulic communication by a non-expandable duct (see original claim 2 and ¶ [0040] of the specification), and equivalents thereof.
“motion transmission system” has been considered to include: a belt, a chain or a series of gears (see ¶ [0041] of the specification), and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1-9 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 is 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. Claim 1 recites: “wherein said cranks include means for detecting an angular position and a load to which each of said cranks is subjected, which are functionally connected with an automatic command and control device”. However, paragraph [46] of the amended specification filed 10/30/2025, recites: “The present gymnastic apparatus includes a command and control system (8) of electronic type, functionally connected to means (9) for detecting in real time the position of each crank and means (10) for detecting the effort, or load, exerted on it”. The amended specification describes two separate detecting means (9) and (10): I) means (9) for detecting in real time the position of each cranks and II) means (10) for detecting the effort, or load, exerted on it. However, the Claim 1, only requires one means for detecting an angular position and a load to which each of said cranks is subjected. In view of the amended specification, the subject matter of claim 1 reciting: “means for detecting an angular position and a load to which each of said cranks is subjected” was not described in 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. Further clarification and appropriate corrections are respectfully requested. Claims 2-9 are also rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, by virtue of dependency upon claim 1.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 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.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim limitations “means for detecting an angular position and a load to which each of said cranks is subjected”, in Claim 1, invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is unclear, what the corresponding structure, material, or acts for performing the entire claimed function of “means for detecting an angular position and a load to which each of said cranks is subjected” is.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Response to Arguments
Applicant's arguments filed on 10/30/2025 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding the new Figs. 8-9 being added to illustrate the alleged missing feature, whereby no new matter has been introduced, the Examiner respectfully disagrees and would like to mention that the new Figs. 8-9, introduce many features that are New Matter (see the drawing objections above for details).
In response to applicant’s arguments regarding the specification being amended to address the objection to the specification in the previous Office Action, without introducing new matter, the Examiner respectfully disagrees and would like to mention that as shown above, the amendments to the specification have also introduced New Matter (see the objections to the specification recited above for details).
In response to applicant’s arguments regarding rejection of claim 1 under 35 U.S.C. § 112 (b), reciting the limitation: “means for detecting the angular position and the load” and stating that amendments to the original paragraph [44] of the specification have been provided to clarify the common, well-known components that may perform the function, the Examiner respectfully disagrees and would like to mention that such amendments include two separate means for detection; I) means (9) for detecting a position of each crank and II) means (10) for detecting an effort, a load to which each crank is subjected. On the contrary, claim 1 recites: “means for detecting an angular position and a load to which each of said cranks is subjected”. These amendments along with further subject matter included in the amendments, have introduced New Matter (see above for details). As such, it is still unclear what structure, material or act corresponds to the “means for detecting an angular position and a load to which each of said cranks is subjected”, and the rejection of claims 1 under 35 U.S.C. § 112 (b) still stands.
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 SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
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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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/SHILA JALALZADEH ABYANEH/Primary Examiner, Art Unit 3784