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 .
Claim Objections
Claim 16 is objected to because of the following informalities:
the phrase “and has a bottom opening and an operating channel communicated with the holding space respectively” in lines 9-10, needs to be changed to “, a bottom opening and an operating channel communicating with the holding space”,
the phrase “a through groove, and the through groove is corresponded to the operating channel” in lines 14-15, needs to be changed to “a through groove corresponding to the operating channel”,
the phrase “mounted at” in line 19, needs to be changed to “mounted to”, and
the phrase “configured to be capable of being abutted the braking end” in line 23, needs to be changed to “configured to be abutted on the braking end”.
Appropriate corrections are required.
Claim 17 is objected to because of the following informalities:
the phrase “and installed in the magnetic control housing rotatably” in lines 4-5, needs to be changed to “and rotatably installed in the magnetic control housing”.
Appropriate correction is required.
Claim 18 is objected to because of the following informalities:
the phrase “magnetic member” in line 5, needs to be changed to “magnetic members”.
Appropriate correction is required.
Claim 19 is objected to because of the following informalities:
the phrase “wherein the swinging wheel is installed at the magnetic control housing rotatably” in lines 4-5, needs to be changed to “wherein the swinging wheel is rotatably installed in the magnetic control housing”, and
the phrase “driving selectively” in line 10, needs to be changed to “selectively driving”.
Appropriate corrections are required.
Claim 20 is objected to because of the following informalities:
the phrase “the pivoting end of the braking mechanism is pivotally installed in the magnetic control housing” in lines 3-4, needs to be removed as this phrase has already been recited in lines 18-19 of claim 16, upon which claim 20 depends and is therefore redundant, and
the term “corresponded” in line 5, needs to be changed to “corresponding”,
Appropriate corrections are required.
Claim 22 is objected to because of the following informalities:
the phrase “is communicated” in each of lines 6 and 7, needs to be changed to “communicating”.
Appropriate correction is required.
Claim 24 is objected to because of the following informalities:
the phrase “through the board channel” in line 3, needs to be changed to “through a board channel”, and
the phrase “the encoding circuit board has a board channel,” in line 4, needs to be removed.
Appropriate corrections are required.
Claim 25 is objected to because of the following informalities:
the phrase “and a plate column and has a first holding plate channel” in line 2, needs to be changed to “, a plate column, a first holding plate channel”,
the phrase “is communicated” in line 7, needs to be changed to “is communicating”, and
the phrase “is corresponded to and is communicated” in lines 9-10, needs to be changed to “is corresponding to and communicating”.
Appropriate corrections are required.
Claim 26 is objected to for having the same informalities as those of claim 16, since claim 26 includes limitations similar to those of claim 16 (please note that such informalities in claim 26 may be recited in lines different from those of claim 16).
Appropriate corrections are required.
Claim 27 is objected to for having the same informalities as those of claim 17, since claim 27 includes limitations similar to those of claim 17 (please note that such informalities in claim 27 may be recited in lines different from those of claim 17).
Appropriate correction is required.
Claim 28 is objected to for having the same informalities as those of claim 18, since claim 28 includes limitations similar to those of claim 18 (please note that such informalities in claim 28 may be recited in lines different from those of claim 18).
Appropriate correction is required.
Claim 29 is objected to for having the same informalities as those of claim 19, since claim 29 includes limitations similar to those of claim 19 (please note that such informalities in claim 29 may be recited in lines different from those of claim 19).
Appropriate corrections are required.
Claim 30 is objected to for having the same informalities as those of claim 20, since claim 30 includes limitations similar to those of claim 20 (please note that such informalities in claim 30 may be recited in lines different from those of claim 20).
Appropriate corrections are required.
Claim 32 is objected to for having the same informalities as those of claim 22, since claim 32 includes limitations similar to those of claim 22 (please note that such informalities in claim 32 may be recited in lines different from those of claim 22).
Appropriate correction is required.
Claim 33 is objected to for the following informalities:
the phrase “an outer side the first” in line 2, needs to be changed to “an outer side of the first”.
Appropriate correction is required.
Claim 34 is objected to for having the same informalities as those of claim 24, since claim 34 includes limitations similar to those of claim 24 (please note that such informalities in claim 34 may be recited in lines different from those of claim 24).
Appropriate corrections are required.
Claim 35 is objected to for having the same informalities as those of claim 25, since claim 35 includes limitations similar to those of claim 25 (please note that such informalities in claim 35 may be recited in lines different from those of claim 25).
Appropriate corrections are 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.
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 16-35 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.
Claims 16 and 26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reasons. Claim 16, lines 29-30, recites: “so as to adjust a relative position of the external magnetic control assembly and the flywheel”, and it is unclear how movement of the external magnetic control assembly inside the holding space would adjust a relative position of the flywheel. The same also applies to claim 26. Further clarification and appropriate corrections are respectfully requested. Claims 17-25 and 27-35 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency upon claim 16 or claim 26. Applicant is advised to amend the claims to recite: “so as to adjust a position of the external magnetic control assembly relative to the flywheel” to overcome this rejection.
Claims 18 and 28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reasons. Claim 18, line 5, recites: “external magnetic control assembly comprises two plurality of magnetic member”, and it is unclear whether “two plurality of magnetic member” is part of or separate from “at least one plurality of magnetic members” recited in claim 16. The same also applies to claim 28 with respect to claim 26. Further clarification and appropriate corrections are respectfully requested.
Claims 20 and 30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reasons. Claim 20 recites the limitations "the magnetic control arm" in line 2, and “the lower end of the brake driver” in lines 9-10. There is insufficient antecedent basis for each of these limitations in the claim. Claim 20, further recites: “wherein the brake driver has an upper end portion and a lower end portion corresponded to the upper end portion, the magnetic control housing has an operating channel and the magnetic control arm of the external magnetic control assembly has a through groove, wherein the operating channel is communicated with the holding space and the operating channel of the magnetic control housing is corresponded to the through groove of the magnetic control arm, so that the lower end of the brake driver is capable of passing through the operating channel of the magnetic control housing and the through groove of the magnetic control arm sequentially to be abutted on the braking end of the braking mechanism”, while claim 16, upon which claim 20 depends recites: “wherein the magnetic control housing has a holding space and has a bottom opening and an operating channel communicated with the holding space respectively… wherein the external magnetic control assembly has a through groove, and the through groove is corresponded to the operating channel… wherein the brake driver comprises a driving rod, wherein the driving rod has an upper end and a lower end passing through the operating channel of the magnetic control housing and the through groove of the external magnetic control assembly sequentially, and the driving rod is configured to be capable of being abutted the braking end of the braking mechanism to drive the braking mechanism to pivot”. However, it is unclear whether “an operating channel” recited in claim 20, is the same as or different from “an operating channel” recited in claim 16, whether “a through groove” in claim 20 is the same as or different from “a through groove” recited in claim 16, and whether “an upper end portion and a lower end portion” recited in claim 20 are the same as or different from “an upper end and a lower end” recited in claim 16. Note that the above cited limitations of claim 20 are the same/similar to the limitations of claim 16 recited above. The same also applies to claim 30 with respect to claim 26. Further clarification and appropriate corrections are respectfully requested.
Claim 22 and 32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reasons. Claim 22, lines 11-13, recites: “wherein when the driving rod is driven to move along the moving channel, the control wire is capable of being driven to move synchronously”, and it is unclear whether or not the control wire is driven to move synchronously when the driving rod is driven to move along the moving channel. The same also applies to claim 32. Further clarification and appropriate corrections are respectfully requested. Claims 23-25 and 33-35 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency upon claim 22 or claim 32.
Claim 23 recites the limitation “the first side housing” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 33 recites the limitation “the first side housing” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 16 and 26 would be allowable if rewritten or amended to overcome the claim objections and rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 17-25 and 27-35 would be allowable if rewritten to overcome the claim objections and rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
With respect to claim 1, the prior art of record fail to disclose, teach or render obvious a sport apparatus with all the structural components and functional limitations comprising: an apparatus frame; a foot pedal member mounted at the apparatus frame pedalably; a flywheel mounted at the apparatus frame rotatably and connected with the foot pedal member drivably; and an external magnetic control module comprising a magnetic control resistance device and a brake device, wherein the magnetic control resistance device comprises a magnetic control housing, a driving assembly and an external magnetic control assembly, wherein the magnetic control housing has a holding space and has a bottom opening and an operating channel communicated with the holding space respectively, the driving assembly is disposed in the holding space of the magnetic control housing, and the external magnetic control assembly is operatively disposed in the holding space of the magnetic control housing and is drivably connected with the driving assembly, wherein the external magnetic control assembly has a through groove, and the through groove is corresponded to the operating channel, wherein the brake device comprises a braking mechanism and a brake driver, wherein the braking mechanism has a pivoting end and a braking end opposite to the pivoting end, wherein the braking mechanism is disposed at an outer side of the external magnetic control assembly and the pivoting end of the braking mechanism is pivotally mounted at the magnetic control housing, wherein the brake driver comprises a driving rod, wherein the driving rod has an upper end and a lower end passing through the operating channel of the magnetic control housing and the through groove of the external magnetic control assembly sequentially, and the driving rod is configured to be capable of being abutted the braking end of the braking mechanism to drive the braking mechanism to pivot, wherein the flywheel has a rim edge extended into the holding space through the bottom opening, wherein the external magnetic control assembly comprises at least one plurality of magnetic members held around the rim edge of the flywheel, wherein the driving assembly is capable of driving the external magnetic control assembly to move inside the holding space of the magnetic control housing relative to the flywheel, so as to adjust a relative position of the external magnetic control assembly and the flywheel, so that a resistance force generated between the at least one plurality of magnetic members and the flywheel is capable of being adjusted.
One close prior art, Petrillo et al. (US 2021/0154517 A1) teaches a sporting apparatus comprising: an apparatus frame (106, Fig. 8); a foot pedal member (120, Fig. 8) mounted at the apparatus frame pedalably (Fig. 8); a flywheel (122) mounted at the apparatus frame rotatably and connected with the foot pedal member drivably (Fig. 8, ¶ [57]); and an external magnetic control module (124 and 126) comprising a magnetic control resistance device (i.e. 2, Figs. 1-2) and a brake device (i.e., 10-12, Figs. 1-3), wherein the magnetic control resistance device comprises a driving assembly (1, 70, Figs. 1 and 4B, ¶ [27], [35]) and an external magnetic control assembly (30, Fig. 4B), wherein the brake device comprises a braking mechanism (10, 50 with 64, Figs. 3 and 4A-4C) and a brake driver (11-12, 34, Figs. 2 and 4A), wherein the braking mechanism has a pivoting end and a braking end opposite to the pivoting end (Figs. 4A, 5C-5D), wherein the braking mechanism is disposed at an outer side of the external magnetic control assembly (Figs. 3 and 4A-4C), wherein the brake driver comprises a driving rod (12, 34), wherein the driving rod has an upper end and a lower end, and the driving rod is configured to be capable of being abutted the braking end of the braking mechanism to drive the braking mechanism to pivot (Figs. 1-4C, 5C-5D), wherein the flywheel has a rim edge (Figs. 1 and 3), wherein the external magnetic control assembly comprises at least one plurality of magnetic members (4, 32) held around the rim edge of the flywheel (Figs. 1-4C, 5C-5D), wherein the driving assembly is capable of driving the external magnetic control assembly to move relative to the flywheel, so as to adjust a relative position of the external magnetic control assembly and the flywheel, so that a resistance force generated between the at least one plurality of magnetic members and the flywheel is capable of being adjusted (Figs. 1-4C, 5C-5D). However, Petrillo is silent about a magnetic control housing, wherein the magnetic control housing has a holding space and has a bottom opening and an operating channel communicated with the holding space respectively, the driving assembly is disposed in the holding space of the magnetic control housing, and the external magnetic control assembly is operatively disposed in the holding space of the magnetic control housing, wherein the external magnetic control assembly has a through groove, and the through groove is corresponded to the operating channel, the pivoting end of the braking mechanism is pivotally mounted at the magnetic control housing, wherein the driving rod has an upper end and a lower end passing through the operating channel of the magnetic control housing and the through groove of the external magnetic control assembly sequentially, wherein the flywheel has a rim edge extended into the holding space through the bottom opening, wherein the driving assembly is capable of driving the external magnetic control assembly to move inside the holding space of the magnetic control housing relative to the flywheel.
Another close prior art is Wu (TWI678224 B), that teaches the limitations of claim 1 as substantially claimed. However, Wu is also silent about the same limitations that Petrillo is silent about.
Another pertinent prior art is Wu (CN 110433449A). Although Wu (CN 110433449A) teaches a magnetic control housing (38, Fig. 2), neither Petrillo’s nor Wu’s (TWI678224 B) invention can be modified with the magnetic control housing of Wu (CN 110433449A), since such magnetic control housing cannot accommodate the driving rod of Petrillo or Wu (TWI678224 B). As such, the limitations of claim 1, are allowable over the teachings of the prior art. Please see attached PTO-892 for other pertinent prior art references.
Claim 26 also includes the same allowable subject matter of claim 1 and is therefore also allowable over the teachings of the prior art.
Conclusion
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/SHILA JALALZADEH ABYANEH/ Primary Examiner, Art Unit 3784