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 for including dark shading in Figs. 2A, 3, 4A, 5A, 5B, 7, 8, 9, 11, 14A, and 15-19.
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 Objections
Claim 10 is objected to because of the following informalities:
Claim 10 includes reference numeral 460 which is not in parentheses and has no patentable weight. Suggested correction is to delete “460.”
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 14-15 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 14, recites “the frame further includes a third column coupled with the base and oriented vertically, the module exercise structure further comprises: a third panel located between the first column and the third column, the third panel having: a third panel body having a first end and a second end opposite to the first end; the first column coupler disposed in the first end of the third panel body and configured to be coupled with the first column; and the second column coupler disposed in the second end of the third panel body and configured to be coupled with the third column, wherein the third panel is oriented vertically to form a wall between the first column and the third column, wherein the first panel and the third panel are perpendicular to each other. These limitations are not found in the specification as originally filed.
Claim 14 depends from claim 1 which recites a first panel having a first column coupler and a second column coupler (as best described in Applicant’s specification paragraphs [0049]-[0051] and illustrated in Applicant’s Fig. 6 and 9 below showing a panel 400 having column couplers 402 configured to couple to first and second columns 310,320)
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The first and second column couplers 402 of the first panel 400 (as recited in claim 1), however, are not disposed in first and second ends of a third panel body which is perpendicular to the first panel body (as recited in claim 14). As best understood, each panel 400 includes respective column couplers 402 configured to couple to columns 310,320. Suggested correction is to amend claim 14 to recite “a third column coupler” and “a fourth column coupler,” or alternatively “a column coupler.”
Claim 15 recites “a fourth panel located between the first column and the second column, the fourth panel having: a fourth panel body having a first end and a second end opposite to the first end; the first column coupler disposed in the first end of the fourth panel body and configured to be coupled with the first column; and the second column coupler disposed in the second end of the fourth panel body and configured to be coupled with the second column, wherein the fourth panel is oriented vertically to form a wall between the first column and the second column.” These limitations are not found in the specification as originally filed.
The first and second column couplers 402 of the first panel 400 (as recited in claim 1), however, are not disposed in first and second ends of a fourth panel body (as recited in claim 15). As best understood, each panel 400 includes respective column couplers 402 configured to couple to columns 310,320. Suggested correction is to amend claim 15 to recite “a fourth column coupler” and “a fifth column coupler,” or alternatively “a column coupler.”
Appropriate correction is required.
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 14-15 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.
Regarding claims 14 and 15, as explained above, first and second column couplers 402 of a first panel 400 (as recited in claim 1) are not disposed in first and second ends of a third panel body which is perpendicular to the first panel body (as recited in claim 14), nor disposed in first and second ends of a fourth panel body (as recited in claim 15). As best understood, each panel 400 includes respective column couplers 402 configured to couple to columns 310,320. For purposes of examination, the Office has interpreted the column couplers of one panel to be separate and distinct than the column couplers of another panel.
Appropriate correction is required.
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, 6, 14-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schlegel (US PG Pub. No. 2019/0388721, Dec. 26, 2019).
Regarding claim 1, as broadly interpreted, Schlegel teaches a modular exercise structure, comprising: a frame having: a base 22,24,26,28 (see Fig. 1 below); and a plurality of first column 12,14 and a second column 16,18 (see Fig. 1 below) detachably coupled with the base 22,24,26,28 and oriented vertically; a first panel 48 located between the first column 12 and the second column 18, the first panel having: a first panel 48 body having a first and a second end (see annotated Fig. 1 below) opposite to the first end; a first column coupler (i.e., pin 40 shown in first end to adjust height of panel 48, see para. [0048], and Fig. 7) disposed in the first end of the first panel body 48 and configured to be coupled with the first column 12; and a second column coupler (i.e., pin 40 shown in second end to adjust height of panel 48, see para. [0048], and Fig. 7) disposed in the second end of the first panel body 48 and configured to be coupled with the second column 18, wherein the first panel 48 is oriented vertically to form a wall between the first column 12 and the second column 18 (i.e., as shown in Fig. 1 below, panel 48 is oriented at any number of vertical positions between the first and second column), wherein the modular exercise structure is configured to be adjustable and modifiable.
[AltContent: arrow][AltContent: textbox (first column coupler (i.e., pin))][AltContent: arrow][AltContent: textbox (first receptacle coupler (pin/bolt))][AltContent: arrow][AltContent: textbox (first end of panel 48)][AltContent: textbox (second column coupler (i.e., pin))][AltContent: arrow][AltContent: textbox (first column receptacle)][AltContent: arrow][AltContent: textbox (second end of panel 48)][AltContent: arrow][AltContent: textbox (second column receptacle)][AltContent: textbox (second receptacle coupler (pin/bolt))][AltContent: arrow][AltContent: arrow]
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Regarding claim 2, as broadly interpreted, Schlegel teaches the limitations of claim 1, and wherein the base 22,24,26,28 (see Fig. 1 above) includes: a first base member 28 having a first receptacle coupler (i.e., pin/bolt, see para. [0060], and annotated Fig. 1 above) and a second receptacle coupler (i.e., pin/bolt, see para. [0060], and annotated Fig. 1 above); and a first column receptacle (i.e., channel 76, see para. [0059], and Figs. 1 above and 9 below) oriented vertically and detachably coupled with the first receptacle coupler (i.e., pin/bolt, see para. [0060]), the first column receptacle 76 is configured to receive a first end of the first column 12 and maintain the first column in a vertical orientation; and a second column receptacle 72 detachably coupled with the second receptacle coupler (i.e., pin/bolt, see para. [0060]), the second column receptacle is configured to receive a first end of the second column 18 and maintain the second column 18 in a vertical orientation.
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Regarding claim 6, as broadly interpreted, Schlegel teaches the limitations of claim 1 and a column bar 38 (see Fig. 1 above) having a first end and a second end opposite to the first end, the column bar 38 including a first attachment piece 52 (see para. [0054] and Fig. 1 above) disposed on the first end of the column bar 38 and detachably coupled with the first column 12; and a second attachment piece 58 (see para. [0054] and Fig. 1 above) disposed on the second end of the column bar 38 and detachably coupled with the second column 18.
Regarding claim 14, Schlegel teaches the limitations of claim 1 and further reciting wherein the frame further includes a third column 14 coupled with the base 22,24,26,28 (see Fig. 1 above) and oriented vertically, the module exercise structure further comprises: a third panel 42 (see Fig. 1 above) located between the first column 12 and the third column 14, the third panel 42 having: a third panel body having a first end and a second end opposite to the first end; the a column coupler (shown in Fig. 1 and para. [0048], as pin/bolt) disposed in the first end of the third panel body 42 and configured to be coupled with the first column 12; and a column coupler (shown in Fig. 1 and para. [0048], as pin/bolt) disposed in the second end of the third panel body 42 and configured to be coupled with the third column 14, wherein the third pane 42l is oriented vertically to form a wall between the first column 12 and the third column 14, wherein the first panel 28 and the third panel 42 are perpendicular to each other (see Fig. 1 above).
Regarding claim 15, Schlegel teaches the limitations of claim 1 and further comprising a fourth panel 38 (see Fig. 1 above) located between the first column 12 and the second column 18, the fourth panel 38 having: a fourth panel body having a first end 52 (see Fig. 1 above) and a second end 58 (see Fig. 1 above) opposite to the first end; a column coupler (i.e., bolt or pin 40, see para. [0054]) disposed in the first end 52 of the fourth panel body 38 and configured to be coupled with the first column; and a column coupler (i.e., bolt or pin 40, see para. [0054]) disposed in the second end 58 of the fourth panel body 38 and configured to be coupled with the second column, wherein the fourth panel 38 is oriented vertically to form a wall between the first column 12 and the second column 18 (see Fig. 1 above).
Regarding claim 16, Schlegel teaches a modular exercise structure, comprising: a frame having: a base 22,24,26,28 (see Fig. 1 above); and a first column 12, a second column 18, a third column 14, and a fourth column 16 (see Fig. 1 above) detachably coupled with the base 22,24,26,28 and oriented vertically; and a first panel 48 (see Fig. 1 above) coupled with the first column 12 and the second column 18; a second panel 44 (see Fig. 1 above) coupled with the third column 14 and the fourth column 18, wherein the first panel 48 and the second panel 44 are parallel (see Fig. 1 above); and a third panel 42 coupled with the first column 12 and the third column 14, wherein the third panel 42 is perpendicular to both the first panel 48 and the second panel 44 (see Fig. 1 above).
Regarding claim 17, Schlegel teaches the limitations of claim 16 and further comprising, further comprising a fourth panel 38 coupled with the first column 12 and the second column 18, wherein the fourth panel 38 is located between the first column 12 and the second column 18 and directly above the first panel 48 (see Fig. 1 above).
Regarding claim 18, Schlegel teaches the limitations of claim 16 and further comprising, further comprising: a first column bar 38 (see Fig. 1 above) located above the first panel 48 and detachably coupled with the first column 12 and the second column 18; a second column bar 34 located above the second panel 44 and detachably coupled with the third column 14 and the fourth column 16, wherein the first column bar 38 and the second column bar 34 are parallel (see Fig. 1 above); and a third column bar 32 located above the third panel 42 and detachably coupled with the first column 12 and the third column 14, wherein the third column bar 32 is perpendicular to both the first column bar 38 and the second column bar 34 (see Fig. 1 above).
Regarding claim 20, as broadly interpreted, Schlegel a modular exercise structure, comprising: a first unit including: a first base 28 (see Fig. 1 above); a plurality of first columns 12,18 detachably coupled with the first base 28 and oriented vertically; at least one panel 48 located between two of the first columns 12,18, the panel 48 having: a first panel body having a first end and a second end opposite to the first end (see annotated Fig 1 above); a first column coupler (i.e., pin 40 shown in first end to adjust height of panel 48, see para. [0048], and Fig. 7) disposed in the first end of the first panel body 48 and configured to be coupled with one of the first columns 12; and a second column coupler (i.e., pin 40 shown in second end to adjust height of panel 48, see para. [0048], and Fig. 7) disposed in the second end of the first panel body 48 and configured to be coupled with another of the first column 18, wherein the first panel 48 is oriented vertically to form a wall between the two first columns 12,18; a base expansion 24 (see Fig. 1 above) coupled with the first base 28 of the first unit; at least one second column 14,16 (see Fig. 1 above) detachably coupled with the base expansion 24 and oriented vertically, wherein the panel 48 can be decoupled from the two first columns 12,18 to then be coupled with one of the first column 12 on the first base 28 and the second column 14 on the base expansion 24.
Allowable Subject Matter
Claims 3-5, 7-13, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, none of the prior art either alone or in combination teach or suggest all the limitations of claim 2 and further reciting, wherein the base includes a second base member having the first receptacle coupler and the second receptacle coupler, the first column receptacle has: a first side detachably coupled with the first receptacle coupler of the first base member; and a second side detachably coupled with the first receptacle coupler of the second base member.
Regarding claim 4, none of the prior art either alone or in combination teach or suggest all the limitations of claim 2 and further reciting, wherein the base further includes an auxiliary base member detachably coupled with the first column receptacle, wherein the first column receptacle has a first side detachably coupled with the first receptacle coupler and a second side detachably coupled with the auxiliary base member.
Regarding claim 5, none of the prior art either alone or in combination teach or suggest all the limitations of claim 2 and further reciting, wherein the first column includes: a column body with one end received in the first column receptacle and having a threaded hole; an elevating member disposed in the first column receptacle and having a threaded outer surface, wherein the elevating member is rotatably coupled with the threaded hole, a user can rotate the elevating member to interact with the threaded hole and move the column body vertically upward or downward.
Regarding claim 7, none of the prior art either alone or in combination teach or suggest all the limitations of claim 1 and further reciting, wherein the first column includes a first opening and the second column includes a second opening, the first column coupler includes a first arm movable horizontally between: a first position where the first arm is located entirely within the first end of the panel body; and a second position where the first arm extends beyond the first end to enter the first opening to couple with the first column; the second column coupler includes a second arm movable horizontally between: a third position where the second arm is located entirely within the second end of the panel body; and a fourth position where the second arm extends beyond the second end to enter the second opening to couple with the second column.
Regarding claim 8, none of the prior art either alone or in combination teach or suggest all the limitations of claim 1 and further reciting, wherein the panel includes a first rotator with one end coupled with a middle section of the first panel body and another end coupled on the first column, wherein the first panel body can be rotated with respect to the first column once the first rotator is coupled with the first column.
Regarding claim 9, none of the prior art either alone or in combination teach or suggest all the limitations of claim 1 and further reciting wherein the frame further includes a third column, and a fourth column detachably coupled with the base and oriented vertically, the module exercise structure further comprises: a second panel located between the third column and the fourth column, the second panel having: a second panel body having a first end and a second end opposite to the first end; the first column coupler disposed in the first end of the second panel body and configured to be coupled with the third column; and the second column coupler disposed in the second end of the first panel body and configured to be coupled with the fourth column, wherein the second panel is oriented vertically to form a wall between the third column and the fourth column; and a panel bar having a first end detachably coupled with the first panel and a second end detachably coupled with the second panel, the panel bar is oriented horizontally.
Claims 10-13 depend either directly or indirectly from claim 9.
Regarding claim 19, none of the prior art either alone or in combination teach or suggest all the limitations of claim 16 and further reciting, wherein the first panel has: a first panel body having a first end and a second end opposite to the first end; a first column coupler disposed in the first end of the first panel body and configured to be coupled with the first column; and a second column coupler disposed in the second end of the first panel body and configured to be coupled with the second column, wherein the first panel is oriented vertically to form a wall between the first column and the second column; and a first rotator with one end coupled with a middle section of the first panel body and another end coupled on the first column, wherein the first panel body can be rotated with respect to the first column once the first rotator is coupled with the first column.
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).
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/ANDREW S LO/Primary Examiner, Art Unit 3784