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 .
Priority
Acknowledgement is made to Applicant's claim to priority to KR10-2023-0174676 filed 12/05/2023 and KR10-2023-0026112 filed 02/27/2023.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land (US 20160296794 A1), in view of Garcia Franca (WO 2016103004 A1), hereafter Garcia.
Regarding claim 1, Land discloses a stretching apparatus (apparatus for performing stretching exercises; abstract) comprising: a body frame (base 120 and upright portion 114; Fig. 1); a first stretching member (seat 108 and seat base 118; Fig. 1) configured to move in a forward and backward direction with respect to the body frame (seat base 118 moves in a forward backward direction with respect to the base 120; Fig. 1, par. 0017) and support a part of a user's body (seat supports user’s body as seen in Fig. 3, 4A, 4B); and a sliding structure (wheels 122, glides, channels on base; Fig. 1, par. 0017) configured to slidably move the first stretching member in the forward and backward direction with respect to the body frame (wheels 122 allow seat base 118 to roll along base 120; Fig. 1, par. 0017), and the sliding structure includes a guide rail (channels in base 120; Fig. 1, par. 0017) and a plurality of guide wheels fixed to both end portions of the first stretching member (wheels 122; Fig. 1, par. 0017) and configured to move along the guide rail (wheels 122 ride in channels along the base 120; Fig. 1, par. 0017).
Land does not disclose wherein the body frame includes a plurality of support frames and a plurality of horizontal frames having both end portions supported by the plurality of support frames and the guide rails are fixed inside each of the plurality of horizontal frames and the plurality of guide wheels move along the guide rail inside each of the plurality of horizontal frames.
Garcia teaches a layout for multifunctional exercise equipment (abstract) wherein the body frame includes a plurality of support frames (poles 17; Fig. 1) and a plurality of horizontal frames having both end portions supported by the plurality of support frames (side beams 4 supported by poles 17 at both ends; Fig. 1, 8, 10, 12, 14-23) and the guide rails are fixed inside each of the plurality of horizontal frames (sliding rails 24 fixed on an inside of the side beams 4; Fig. 14.1) and the plurality of guide wheels move along the guide rail inside each of the plurality of horizontal frames (wheels 501, 502 move along sliding rail 24 on an inside of the side beams 4; Fig. 14, 14.1) for the purpose of allowing the equipment to be assembled as desired by the user (pg. 2 ln 14-25).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Land to include a body frame with support frames and horizontal frames as taught by Garcia for the purpose of allowing the equipment to be assembled as desired by the user (pg. 2 ln 14-25).
Regarding claim 2, the modified Land discloses the stretching apparatus of claim 1 (shown above), wherein the first stretching member includes: a first movement body supporting a part of the user's body (seat base 118 supports a part of the user’s body, as seen in Land Fig. 3, 4a, 4b); and a wheel support member fixed to both end portions of the first movement body and supporting the plurality of guide wheels (an axle attached to ends of base 118 supports guide wheels 122; Land Fig. 1).
Claim(s) 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land in view of Garcia as applied to claim 2 above, and further in view of Kim (WO 2018217048 A1, machine translation accessed September 30, 2026 relied upon herein).
Regarding claim 3, the modified Land discloses the stretching apparatus of claim 2 (shown above), wherein each of the plurality of horizontal frames provides a space for accommodating the guide rail and the plurality of guide wheels (wheels 501, 502 move along sliding rail 24 on an inside of the side beams 4; Garcia Fig. 14, 14.1).
The modified Garcia does not disclose wherein each of the plurality of horizontal frames includes a guide hole through which the wheel support member passes and which extends in the forward and backward direction to allow the wheel support member to move in the forward and backward direction.
Kim teaches a multi-stretching exercise device (par. 0001) wherein each of the plurality of horizontal frames includes a guide hole through which the wheel support member passes and which extends in the forward and backward direction to allow the wheel support member to move in the forward and backward direction (guide groove 215 extending in a forward backward direction on second support 200 connects upward to horizontal pad 210; Fig. 1, par. 0057).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Land to include a guide hole through which the wheel support member passes and which extends in the forward and backward direction to allow the wheel support member to move in the forward and backward direction as a matter of design choice since Garcia teaches this is a known configuration in the art and the rearrangement would not have modified the operation of the device.
Regarding claim 4, the modified Land discloses the stretching apparatus of claim 3 (shown above), wherein each of the plurality of horizontal frames has an insertion hole configured to allow the guide wheel to be inserted into the internal space, and the guide hole extends from the insertion hole in the forward and backward direction (wheel groove extends in forward backward direction from an insertion hole at the end; Land Fig. 1).
Regarding claim 5, the modified Land discloses the stretching apparatus of claim 1 (shown above), wherein the first stretching member includes: a 1st-1 stretching member configured to slidably move on the body frame in the forward and backward direction (base 118 moves backward and forward on the frame 120; Land Fig. 1); and a 1st-2 stretching member arranged over the 1st-1 stretching member to be separated from the 1st-1 stretching member and configured to slidably move in the forward and backward direction (seat 108 arranged over base 118 and separate slides in the forward backward direction; Land Fig. 1).
Regarding claim 6, the modified Land discloses the stretching apparatus of claim 1 (shown above), further comprising a second stretching member configured to rotate about a preset rotation axis in the body frame to adjust an angle thereof with respect to the body frame (leg bar 104 and leg bar assembly 106; Fig. 1, par. 0016), wherein the first stretching member is provided on the body frame such that a movement path of the first stretching member in the forward and backward direction does not interfere with an angle adjustment path of the second stretching member (base 118 and seat 108 can move in a forward backward direction without interfering with the angle adjustment of leg bar 104 and leg bar assembly, as seen in Fig. 4a, 4b).
Regarding claim 7, the modified Land discloses the stretching apparatus of claim 6 (shown above), wherein a rail support supporting one end portion of the guide rail is provided inside each of the plurality of horizontal frames (guide rail 24 is supported by a fastener on the inside of horizontal frame 4; Garcia Fig. 1, 2.1, 2.2), and the rail support is provided at rear of a rotation axis of the second stretching member (the rail support of Garcia would be at rear of a rotation axis of the leg bar 104 and leg bar assembly 106).
Regarding claim 8, the modified Land discloses the stretching apparatus of claim 6 (shown above), further comprising a rotation angle adjuster (mechanism 110; Land Fig. 1) configured to rotate the second stretching member about a preset rotation axis with respect to the body frame (mechanism 110 includes positioning holes to permit adjustment of leg bar assembly 106; Fig. 1, par. 0016).
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land in view of Garcia in view of Kim as applied to claim 8 above, and further in view of Lee (KR 20220141474 A, machine translation accessed September 30, 2026 relied upon herein).
Regarding claim 9, the modified Land discloses the stretching apparatus of claim 8 (shown above), wherein the rotation angle adjuster includes: an angle adjustment rod arranged below the second stretching member (pin inserted into positioning hole of mechanism 110 which is below leg bar 104 and leg bar assembly 106; Land Fig. 1, par. 0016); and a rotation support fixed to the body frame, supporting the second stretching member to rotate about the rotation axis (mechanism 110 for adjustment of leg bar assembly 106 attached to upright portion 114; Fig. 1, par. 0016), and having a plurality of angle adjustment holes into one of which the angle adjustment rod is inserted (pin inserted into positioning hole of mechanism 110 which is below leg bar 104 and leg bar assembly 106; Fig. 1, par. 0016).
The modified Land does not disclose a plurality of angle adjustment grooves.
Lee discloses an angle adjustment structure with a plurality of angle adjustment grooves (Fig. 1-2, 10-12; par. 0022).
The only difference in the prior art and the claimed device is the substitution of the rotation support. The substituted components and their functions are well known in the art and one of ordinary skill in the art could have substituted Land’s angle adjustment holes with the angle adjustment grooves taught by Lee and the results of the substitution would have been predictable. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Land with angle adjustment grooves as taught by Lee as the courts have held that simple substitution of one known element for another to obtain predictable results supports a conclusion of obviousness. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)
Regarding claim 12, the modified Land discloses the stretching apparatus of claim 9 (shown above), wherein the rotation support includes a plurality of protruding regions that protrude to define the plurality of angle adjustment grooves (a plurality of protruding regions define the angle adjustment grooves 251; Lee Fig. 3, 12, par. 0022), and the plurality of protruding regions are arranged to be separated from each other in a vertical direction (protruding regions are at different heights, Lee Fig. 12, making them vertically separated) and include a plurality of first protruding regions having a first protrusion height (first protruding region of angle adjusting grooves 251 of elements 250 on left and right, as seen in Fig. 3, have a same height) and a plurality of second protruding regions having a second protrusion height (a second protruding region of angle adjusting grooves 251 of elements 250 on left and right, as seen in Fig. 3, have a same height), the first protrusion height being different from the second protrusion height (protrusions have different heights, as seen in Fig. 12).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land in view of Garcia in view of Kim in view of Lee as applied to claim 9 above, and further in view of Kim (KR 20220026174 A, machine translation accessed September 30, 2026 relied upon herein), hereafter Kim2.
Regarding claim 10, the modified Land discloses the stretching apparatus of claim 9 (shown above).
The modified Land does not disclose wherein the body frame further includes a plurality of connection frames connecting the plurality of horizontal frames to each other in a left and right direction, and one connection frame adjacent to the second stretching member among the plurality of connection frames is arranged on a same axis as the rotation axis of the second stretching member.
Kim2 teaches a stretching apparatus (par. 0001) wherein the body frame further includes a plurality of connection frames connecting the plurality of horizontal frames to each other in a left and right direction (horizontal frames on the ends and in the middle between opposing first frame parts 110 and second frames parts 120; Fig. 1-3, 6; par. 0025), and one connection frame adjacent to the second stretching member among the plurality of connection frames is arranged on a same axis as the rotation axis of the second stretching member (pivot shaft 230 connecting the two horizontal frames is the axis of rotation of plate 210; Fig. 3, par. 0027) for the purpose of providing a neat aesthetic and convenience of use (par. 0007).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Land wherein the body frame further includes a plurality of connection frames connecting the plurality of horizontal frames to each other in a left and right direction, and one connection frame adjacent to the second stretching member among the plurality of connection frames is arranged on a same axis as the rotation axis of the second stretching member as taught by Kim2 for the purpose of providing a neat aesthetic and convenience of use (Kim2 par. 0007).
Regarding claim 11, the modified Land discloses the stretching apparatus of claim 10 (shown above), wherein the connection frame adjacent to the second stretching member is arranged below the second stretching member (shaft 230 is located below stretching member 210; Kim2 Fig. 3).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land in view of Garcia in view of Kim in view of Lee as applied to claim 12 above, and further in view of Ninomiya et al. (EP 2371197 A1), hereafter Ninomiya.
Regarding claim 13, the modified Land discloses the stretching apparatus of claim 12 (shown above).
The modified Land does not disclose wherein the plurality of first protruding regions are arranged at both end portions of the rotation support in the vertical direction and have the first protrusion height that is greater than the second protrusion height, and the plurality of second protruding regions are arranged between the plurality of first protruding regions in the rotation support.
Ninomiya teaches a locking mechanism for holding a position (par. 0113) wherein the plurality of first protruding regions are arranged at both end portions of the rotation support in the vertical direction and have the first protrusion height that is greater than the second protrusion height, and the plurality of second protruding regions are arranged between the plurality of first protruding regions in the rotation support (the protrusions of the grooves 51 at the ends have a height greater than height of the protruding regions of the grooves in between; Fig. 15) for the purpose of preventing the locking pin from coming out of the rotation support during use (par. 0077-0081).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Land wherein the plurality of first protruding regions are arranged at both end portions of the rotation support in the vertical direction and have the first protrusion height that is greater than the second protrusion height, and the plurality of second protruding regions are arranged between the plurality of first protruding regions in the rotation support as taught by Ninomiya for the purpose of preventing the locking pin from coming out of the rotation support during use (Ninomiya par. 0077-0081).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land in view of Garcia in view of Kim in view of Lee as applied to claim 9 above, and further in view of Raymor (US 4961559 A).
Regarding claim 14, the modified Land discloses the stretching apparatus of claim 9 (shown above).
The modified Land does not disclose wherein the rotation angle adjuster includes: a rotation shaft; and an angle adjustment handle connecting the rotation shaft to the angle adjustment rod and configured to rotate the angle adjustment rod about the rotation shaft.
Raymor teaches an arrangement for adjusting positions (abstract) wherein the rotation angle adjuster includes: a rotation shaft (pivot pin 68’; Fig. 3A); and an angle adjustment handle (lift bar 60; Fig. 3a) connecting the rotation shaft to the angle adjustment rod (lift bar 60 connects pivot pin 68’ to projections 80 and 82; Fig. 3A) and configured to rotate the angle adjustment rod about the rotation shaft (projections 80 and 82 are rotated about pivot shaft 68’; Fig. 3A).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Land wherein the rotation angle adjuster includes: a rotation shaft; and an angle adjustment handle connecting the rotation shaft to the angle adjustment rod and configured to rotate the angle adjustment rod about the rotation shaft as taught by Raymore. One of ordinary skill in the art would have recognized that the arrangement of Raymore would allow for easier adjustment by providing a handle.
Claim(s) 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land in view of Garcia in view of Lee.
Regarding claim 15, Land discloses a stretching apparatus (apparatus for performing stretching exercises; abstract) comprising: a body frame (base 120 and upright portion 114; Fig. 1); a stretching member configured to adjust and angle thereof with respect to the body frame and to support a part of a user’s body (leg bar 104 and leg bar assembly 106; Fig. 1, 4a, 4b, par. 0016); and a rotation angle adjuster (mechanism 110; Land Fig. 1) configured to rotate the stretching member about a preset rotation axis with respect to the body frame (mechanism 110 includes positioning holes to permit adjustment of leg bar assembly 106; Fig. 1, par. 0016), wherein the rotation angle adjuster includes: an angle adjustment rod arranged below the second stretching member (pin inserted into positioning hole of mechanism 110 which is below leg bar 104 and leg bar assembly 106; Land Fig. 1, par. 0016); and a rotation support fixed to the body frame, supporting the stretching member to rotate about the rotation axis (mechanism 110 for adjustment of leg bar assembly 106 attached to upright portion 114; Fig. 1, par. 0016), and having a plurality of angle adjustment holes into one of which the angle adjustment rod is inserted (pin inserted into positioning hole of mechanism 110 which is below leg bar 104 and leg bar assembly 106; Fig. 1, par. 0016).
Land does not disclose wherein the body frame includes a plurality of support frames and a plurality of horizontal frames having both end portions supported by the plurality of support frames.
Garcia teaches a layout for multifunctional exercise equipment (abstract) wherein the body frame includes a plurality of support frames (poles 17; Fig. 1) and a plurality of horizontal frames having both end portions supported by the plurality of support frames (side beams 4 supported by poles 17 at both ends; Fig. 1, 8, 10, 12, 14-23) for the purpose of allowing the equipment to be assembled as desired by the user (pg. 2 ln 14-25).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Land to include a body frame with support frames and horizontal frames as taught by Garcia for the purpose of allowing the equipment to be assembled as desired by the user (pg. 2 ln 14-25).
The modified Land does not disclose a plurality of angle adjustment grooves.
Lee discloses an angle adjustment structure with a plurality of angle adjustment grooves (Fig. 1-2, 10-12; par. 0022).
The only difference in the prior art and the claimed device is the substitution of the rotation support. The substituted components and their functions are well known in the art and one of ordinary skill in the art could have substituted Land’s angle adjustment holes with the angle adjustment grooves taught by Lee and the results of the substitution would have been predictable. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Land with angle adjustment grooves as taught by Lee as the courts have held that simple substitution of one known element for another to obtain predictable results supports a conclusion of obviousness. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)
Regarding claim 18, the modified Land discloses the stretching apparatus of claim 15 (shown above), wherein the rotation support includes a plurality of protruding regions that protrude to define the plurality of angle adjustment grooves (a plurality of protruding regions define the angle adjustment grooves 251; Lee Fig. 3, 12, par. 0022), and the plurality of protruding regions are arranged to be separated from each other in a vertical direction (protruding regions are at different heights, Lee Fig. 12, making them vertically separated) and include a plurality of first protruding regions having a first protrusion height (first protruding region of angle adjusting grooves 251 of elements 250 on left and right, as seen in Fig. 3, have a same height) and a plurality of second protruding regions having a second protrusion height (a second protruding region of angle adjusting grooves 251 of elements 250 on left and right, as seen in Fig. 3, have a same height), the first protrusion height being different from the second protrusion height (protrusions have different heights, as seen in Fig. 12).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land in view of Garcia, in view of Lee, as applied to claim 15 above, and further in view of Kim2.
Regarding claim 16, the modified Land discloses the stretching apparatus of claim 15 (shown above).
The modified Land does not disclose wherein the body frame further includes a plurality of connection frames connecting the plurality of horizontal frames to each other in a left and right direction, and one connection frame adjacent to the second stretching member among the plurality of connection frames is arranged on a same axis as the rotation axis of the second stretching member.
Kim2 teaches a stretching apparatus (par. 0001) wherein the body frame further includes a plurality of connection frames connecting the plurality of horizontal frames to each other in a left and right direction (horizontal frames on the ends and in the middle between opposing first frame parts 110 and second frames parts 120; Fig. 1-3, 6; par. 0025), and one connection frame adjacent to the second stretching member among the plurality of connection frames is arranged on a same axis as the rotation axis of the second stretching member (pivot shaft 230 connecting the two horizontal frames is the axis of rotation of plate 210; Fig. 3, par. 0027) for the purpose of providing a neat aesthetic and convenience of use (par. 0007).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Land wherein the body frame further includes a plurality of connection frames connecting the plurality of horizontal frames to each other in a left and right direction, and one connection frame adjacent to the second stretching member among the plurality of connection frames is arranged on a same axis as the rotation axis of the second stretching member as taught by Kim2 for the purpose of providing a neat aesthetic and convenience of use (Kim2 par. 0007).
Regarding claim 17, the modified Land discloses the stretching apparatus of claim 16 (shown above), wherein the connection frame adjacent to the second stretching member is arranged below the second stretching member (shaft 230 is located below stretching member 210; Kim2 Fig. 3).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land, in view of Garcia, in view of Lee, as applied to claim 18 above, and further in view of Ninomiya.
Regarding claim 19, the modified Land discloses the stretching apparatus of claim 18 (shown above).
The modified Land does not disclose wherein the plurality of first protruding regions are arranged at both end portions of the rotation support in the vertical direction and have the first protrusion height that is greater than the second protrusion height, and the plurality of second protruding regions are arranged between the plurality of first protruding regions in the rotation support.
Ninomiya teaches a locking mechanism for holding a position (par. 0113) wherein the plurality of first protruding regions are arranged at both end portions of the rotation support in the vertical direction and have the first protrusion height that is greater than the second protrusion height, and the plurality of second protruding regions are arranged between the plurality of first protruding regions in the rotation support (the protrusions of the grooves 51 at the ends have a height greater than height of the protruding regions of the grooves in between; Fig. 15) for the purpose of preventing the locking pin from coming out of the rotation support during use (par. 0077-0081).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Land wherein the plurality of first protruding regions are arranged at both end portions of the rotation support in the vertical direction and have the first protrusion height that is greater than the second protrusion height, and the plurality of second protruding regions are arranged between the plurality of first protruding regions in the rotation support as taught by Ninomiya for the purpose of preventing the locking pin from coming out of the rotation support during use (Ninomiya par. 0077-0081).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Land in view of Garcia in view of Lee as applied to claim 15 above, and further in view of Raymor (US 4961559 A).
Regarding claim 20, the modified Land discloses the stretching apparatus of claim 15 (shown above).
The modified Land does not disclose wherein the rotation angle adjuster includes: a rotation shaft; and an angle adjustment handle connecting the rotation shaft to the angle adjustment rod and configured to rotate the angle adjustment rod about the rotation shaft.
Raymor teaches an arrangement for adjusting positions (abstract) wherein the rotation angle adjuster includes: a rotation shaft (pivot pin 68’; Fig. 3A); and an angle adjustment handle (lift bar 60; Fig. 3a) connecting the rotation shaft to the angle adjustment rod (lift bar 60 connects pivot pin 68’ to projections 80 and 82; Fig. 3A) and configured to rotate the angle adjustment rod about the rotation shaft (projections 80 and 82 are rotated about pivot shaft 68’; Fig. 3A).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Land wherein the rotation angle adjuster includes: a rotation shaft; and an angle adjustment handle connecting the rotation shaft to the angle adjustment rod and configured to rotate the angle adjustment rod about the rotation shaft as taught by Raymore. One of ordinary skill in the art would have recognized that the arrangement of Raymore would allow for easier adjustment by providing a handle.
Conclusion
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/K.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
