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 .
Drawings
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 band positioned around the internal coil as recited in claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are also objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: locking member 115 as recited in para. [0030] of Applicant’s specification.
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.
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 1-2, 5-14, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akeel et al. (US PG Pub. No. 2021/0339078, Nov. 4, 2021) (herein “Akeel”)
Regarding claim 1, as broadly interpreted, Akeel teaches a portable exercise device comprising: a frame comprised of a seat (i.e., plate 28) and a track (i.e., track underneath plate 28 that couples to a hinge connector 34 or hinge 30, see paras. [0075]-[0076],[0079], and Figs. 2 and 5); and a pulley housing 26 captured within the track (via module hinge connector 34, see para. [0079], and Fig. 5), the pulley housing 26 comprised of a coil 46 (see Fig. 5 below and para. [0079]-[0081]), a band 16 (see Fig. 5 below), and a resistance control 24 (see Fig. 5 below and para. [0076]).
PNG
media_image1.png
367
355
media_image1.png
Greyscale
PNG
media_image2.png
423
355
media_image2.png
Greyscale
PNG
media_image3.png
463
333
media_image3.png
Greyscale
Regarding claim 2, Akeel teaches wherein the frame is comprised of a telescopic horizontal frame member (i.e., as shown in Fig. 3 above, where the frame 28 is extendable/foldable/telescopic).
Regarding claim 5, Akeel teaches wherein the band 16 is positioned around the internal coil 64 (see Fig. 5 above, the band being adjacent and around the internal coil).
Regarding claim 6, Akeel teaches wherein the band 16 is comprised of a handle 14 (see Figs. 1, 3, and 5 above, and para. [0075]).
Regarding claim 7, Akeel teaches wherein the internal coil 46 applies tension to the band 16 (see para. [0079]).
Regarding claim 8, Akeel teaches wherein the amount of tension the internal coil 16 applies to the band can be adjusted by the resistance control 24 (see para. [0079]).
Regarding claim 9, Akeel teaches a portable exercise device comprising: a frame comprised of a vertical member (i.e., hinge 30 that is vertical relative to a horizontal plane, see Figs. 1 and 2 above), a horizontal frame member 28 comprised of a track (i.e., track underneath plate 28 that couples to a hinge connector 34 or hinge 30, see paras. [0075]-[0076],[0079], and Figs. 2 and 5), a seat (i.e., surface of horizontal frame member 28 for placement of a user’s feet or body, see paras. [0062], [0074]); and a pulley housing 11 captured within the track, the pulley housing 11 comprised of a coil 46, a band 16, and a resistance control 24 (see Fig. 5 above).
Regarding claim 10, Akeel teaches wherein the band 16 is comprised of a handle 14(see Figs. 1,3, and 5 above).
Regarding claim 11, Akeel teaches wherein the handle 14 is comprised of a grip (see para. [0074]).
Regarding claim 12, Akeel teaches wherein the internal coil 46 applies tension to the band 16 (see para. [0079]).
Regarding claim 13, Akeel teaches wherein the amount of tension the internal coil 46 applies to the band can be adjusted by the resistance control 24 (see para. [0079]).
Regarding claim 14, Akeel teaches further comprised of a fastener 18,20,22 (see Fig. 1 above, see para. [0074]).
Regarding claim 17, Akeel teaches a method of using a portable exercise device, the method comprising the following: providing a portable exercise device 10 comprised of a frame comprised of a seat 28, a pulley housing 11 attached to the frame 28; a coil 46 (see para. [0079]), a resistance control 24; and a band 16; placing the portable exercise device 10 on a surface and sitting or standing on the seat (see para. [0062]); adjusting a position of the pulley housing 11 on the frame 28; set a resistance level of the band 16 via the resistance control 24; and grasp the band (i.e., via the handle 14) and perform an exercise.
Regarding claim 18, Akeel teaches wherein the exercise is comprised of a wrist curl, a reverse wrist curl, a bicep curl (see para. [0082]), a hammer curl, an overhead triceps extension, a shoulder press, a lateral raise, a front raise, a chest press, a chest fly, a squat, or a calf raise.
Regarding claim 19, Akeel teaches wherein the portable exercise device is comprised of a fastener 18,20,22 (see Fig. 1 above, and para. [0074]).
Regarding claim 20, Akeel teaches further comprised a step of attaching the fastener 18,20,22 to a surface (see para. [0074], such as against a back of a chair).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Akeel, as applied to claim 1 above in view of Joslin (US Pat. No. 8,734,308, May 27, 2014).
Akeel teaches the invention as substantially claimed.
Regarding claim 3, Akeel is silent in explicitly teaching wherein the telescopic horizontal frame member (i.e., as shown in Fig. 3 above, where the frame 28 is extendable/foldable/telescopic) is comprised of a locking member.
Joslin, however, in an analogous art teaches an extendable/foldable/telescopic horizontal frame member (i.e., extendable about hinge 50, see Fig. 12 below) having a locking member 30,70,80 (see Fig. 7 below) to lock the horizontal frame member in an extended position (see Joslin, col. 4, lines 55-61)
PNG
media_image4.png
442
546
media_image4.png
Greyscale
PNG
media_image5.png
460
475
media_image5.png
Greyscale
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Akeel such that the telescopic horizontal frame member (i.e., as shown in Akeel, Fig. 3 above, where the frame 28 is extendable/foldable/telescopic) is comprised of a locking member 30,70,80 as taught by Joslin in order to lock the horizontal frame member in an extended position (see Joslin, col. 4, lines 55-61)
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Akeel, as applied to claim 1 above, in view of Wyatt et al. (US Pat. No. 9,649,522, May 16, 2017) (herein “Wyatt”).
Akeel teaches the invention as substantially claimed.
Regarding claim 4, Akeel is silent in explicitly teaching wherein the seat 28 is comprised of a padded seat.
Wyatt, however, in an analogous art of exercise devices teaches a frame configured to be attached to resistance bands having a padded seat 1 (see Wyatt, col. 3, lines 13-21, and Figs. 1 and 2 below) to reduce impact on the user while sitting, kneeling or standing.
PNG
media_image6.png
557
765
media_image6.png
Greyscale
PNG
media_image7.png
503
664
media_image7.png
Greyscale
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Akeel such that the seat 28 is a padded seat as taught by Wyatt in order to reduce impact on the user while sitting, kneeling or standing (see Wyatt, col. 3, lines 13-21).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Akeel, as applied to claim 1 above, in view of Melendez (US Pat. No. 11,135,465, Oct. 5, 2021)
Akeel teaches the invention as substantially claimed.
Regarding claim 15, Akeel is silent in explicitly teaching wherein the fastener 18,20,22 is comprised of a hook and loop strap.
Melendez, however, in an analogous art of exercise devices attachable to a chair teaches a strap 242,244 comprised of a hook and loop strap (see col. 4, lines 4-16, and Figs. 2 and 7 below)
PNG
media_image8.png
480
360
media_image8.png
Greyscale
PNG
media_image9.png
622
453
media_image9.png
Greyscale
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Akeel such that the fastener 18,20,22 is comprised of a hook and loop strap as taught by Melendez as a alternative securing means for attaching the exercise device to a chair.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Akeel, as applied to claim 1 above, in view of Lujan (US Pat. No. 10,493,314, Dec. 3, 2019)
Akeel teaches the invention as substantially claimed.
Regarding claim 16, Akeel is silent in explicitly teaching wherein the fastener 18,20,22 is comprised of an elastic strap.
Lujan, however, in an analogous art of exercise devices attachable to a chair teaches fastener 116 comprised of an elastic strap to fit over a chair to tightly enclose around the chair (see col. 11, lines 40-47, and Figs. 2-3 below)
PNG
media_image10.png
468
310
media_image10.png
Greyscale
PNG
media_image11.png
450
318
media_image11.png
Greyscale
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Akeel such that the fastener 18,20,22 is comprised of an elastic strap 116 as taught by Lujan in order to fit over a chair to tightly enclose around an object the exercise device is to be secured.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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, 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.
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.
/ANDREW S LO/Primary Examiner, Art Unit 3784