DETAILED ACTION
This is the final rejection based on the 18/591,220 application filed on 02/29/2024 and which claims as amended on 02/10/2026 have been considered in the ensuing 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 amendments have been sufficient to overcome the claim objections, but have not been sufficient to overcome the prior art of record. While the Applicant states that claim 1 was amended to distinguish the current application over the prior art, no substantive amendments were made.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Perez Gomez (US 10,398,928) in view of Nolan et al (US 2025/0018240).
Regarding claim 1:
Perez Gomez disclose a multifunctional exercise machine (exercise apparatus 101) wherein a carriage (carriage 115) is physically propelled along a wall-mounted rail (support track 113) situation in a vertical plane (see Fig. 1, the rail is wall mounted in a vertical plane) comprising b. said carriage comprises wheels (rollers 191; can be seen in at least Fig. 9); c. said wall-mounted rail comprises wheel tracks (channel 131, see Fig. 9) to receive said wheels; d. said wheel tracks comprise carriage stop bumpers (bearing rod 195 has been considered a carriage stop bumper in the broadest reasonable interpretation, as the bearing rod is configured to hold the weight to the carriage to keep the carriage from moving) at the inferior end of said wall-mounted rail (see Fig. 9).
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Perez Gomez fails to disclose a. seat pad assembly attached to said carriage configured to engage selectively with the torso of a user. The Examiner notes that the seat pad assembly is a pad attached to the carriage (see Fig. 1).
Nolan et al teaches a trolley that moves up and down a vertically situation rail (see Fig. 1). Nolan et al further teaches “ The trolley can also include an attachment mechanism such that a user can attach handles, pads, or other components to the trolley.” See paragraph [0035].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the carriage of Perez Gomez to have an pad (equivalent to Applicant’s seat pad assembly), as taught by Nolan et al to allow for different types of exercise to be performed. The Examiner further notes that the pad would be capable of selectively engaging with the torso of the user. The language does not require any particular exercise or a specific type of engagement.
Regarding claim 2:
Perez Gomez fails to specifically disclose kinetic anchors attached to said carriage and/or said seat pad assembly configured to engage with accessories that are utilized to perform additional exercise in synchrony with the movements of said carriage.
However, Nolan et al teaches a trolley that moves up and down a vertically situation rail (see Fig. 1). Nolan et al further teaches “ The trolley can also include an attachment mechanism such that a user can attach handles, pads, or other components to the trolley.” See paragraph [0035]. The attachment mechanism allowing for handles, pads and other components being equivalent to the kinetic anchors (as disclosed in the specification, kinetic anchors are anchors that move with the carriage and/or seat pad assembly).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the carriage of Perez Gomez to have the attachment mechanism, as taught by Nolan et al to allow for different types of exercise components to be attached to the carriage, further allowing for different exercises to be performed.
Response to Arguments
No arguments have been submitted.
Examiner’s Note/Relevant Art
Other pertinent art includes Morin (US 8,449,438) which teaches a trolley (130) that moves along a vertically situation rail (20), the trolley having a pair of pad rollers (40) configured to massage different parts of the body, including the back of the user. While Morin fails to disclose the wheel tracks, wheels and carriage stop bumpers, it would be obvious to modify the device to have those components. The Examiner notes that while the device of Morin may be intended to be used differently than the Applicant’s device, as claimed there is no structural difference. Claiming the intended function (the user applies pressure to the seat pad assembly from the torso of the user, causing the carriage to move up and down the rail), would not overcome the prior art of record, and a structural difference would be required.
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Donofrio (US 2011/0195822) discloses a wall mounted rail (3) having various carriages (the movable attachments between the handles and pads and the rail), and specifically discloses both a seat (4) and a back pad (5). As discussed above, while the disclosure of the instant application discloses the device is used differently, the pads and carriages of Donofrio would read on the claims.
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Conclusion
THIS ACTION IS MADE FINAL. 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 MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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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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/Megan Anderson/ Primary Examiner, Art Unit 3784