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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/29/20261 has been entered.
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 1-3, 6, 9-10, 13, and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sheets (US PG Pub. No. 2009/0105051, April 23, 2009).
Sheets was cited in the PTO-892 filed on 07/11/2025.
Regarding claim 1, as broadly interpreted, Sheets teaches an exercise apparatus comprising: a frame (see Fig. 1 below); a rotationally stationary platform 25 coupled to the frame and configured to support a person standing on the platform (see Abstract); at least one handle 2 coupled to a bar 1 which is rotatably coupled to the frame wherein the point of rotation is beneath the platform 25 (i.e., where bar 1 is attached to a horizontal pivot arm under the platform 25, the pivot arm being attached to a rotational resistance mechanism, see Abstract, and para. [0023]); wherein the at least one handle 2 and the bar 1 are configured for the at least one handle 2 to be moved in an arcuate path about the platform 25 during exercise (i.e., the handle 2 rotates side-to-side/clockwise/counter-clockwise about the platform 25 in an arc while a user maintains a forward stance on the platform 25, keeping the lower body relatively stationary, thereby rotating the user’s body from the pelvic area upwards to exercise the oblique muscles as the handle 2 moves about the platform, see Abstract and paras. [0008],[0023]-[0024]); and wherein the at least one handle 2 is selectively coupled to a source of resistance (i.e., via a rotational resistance mechanism such as a belt and power pulley mounted below the platform 25, see Abstract).
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Regarding claim 2, as broadly interpreted, Sheets teaches exercise apparatus of claim 1, comprising a selector pin 4 (see Fig. 2 above) configured so that, when the selector pin 4 is disengaged, the bar 1 can be repositioned substantially freely (i.e., vertically adjustable via post 5, see Fig. 2 above and para. [0031]) respect to the frame.
Regarding claim 3, as broadly interpreted, Sheets teaches the exercise apparatus of claim 2, wherein when the selector pin 4 is engaged, the bar 1 requires upper body effort to rotate in a first direction along the arcuate path (i.e., when the selector pin 4 is engaged and fixes the handle 2 at a height, rotational movement side-to-side movement of the bar 1 requires effort against the resistance mechanism, see Abstract and para. [0023]).
Regarding claim 6, Sheets teaches the exercise apparatus of claim 1, wherein the at least one handle 2 is positioned at a height so that a user standing on the platform 25 is able to grip the at least one handle 2 (see Fig. 1 above, and para. [0034]).
Regarding claim 9, Sheets teaches the exercise apparatus of claim 1, wherein the source of resistance comprises one or more resistance bands (i.e., such as a pulley belt, see Abstract).
Regarding claim 10, Sheets teaches an exercise apparatus comprising; a frame (see Fig. 1 above); a rotationally stationary platform 25 (see Fig. 1 above) coupled to the frame and configured to support a person standing on the platform (see Abstract); at least one handle 2 coupled to a bar 1 which is rotatably coupled to the frame, wherein the point of rotation is beneath the platform 25, (see Abstract and para. [0023]); wherein the handle 2 and the bar 1 are configured for the at least one handle to be moved in an arcuate path about to the platform 25 during exercise; and a selector pin 4 coupled to the bar 1 and releasably coupled to the frame; wherein the bar 1, the selector pin 4, and the frame are configured so that when the selector pin 4 is disengaged, the bar 1 can be repositioned substantially freely with respect to the frame; wherein the bar 1, the selector pin 4, and the frame are configured so that when the selector pin 4 is engaged, rotational movement of the bar 1 requires sufficient effort to overcome the source of resistance (i.e., when the selector pin 4 is engaged and fixes the handle 2 at a height, rotational movement side-to-side movement of the bar 1 requires effort against the resistance mechanism, see Abstract and para. [0023]); and wherein the at least one handle 2 is selectively coupled to a source of resistance (see Abstract, and para. [0034]).
Regarding claim 13, Sheets teaches the exercise apparatus of claim 10, wherein the at least one handle 2 is positioned at a height so that a user standing on the platform grips the at least one handle 2 (see para. [0034], and Figs. 1-2 above).
Regarding claim 16, Sheets teaches the exercise apparatus of claim 10, wherein the source of resistance comprises one or more resistance bands (i.e., such as a pulley belt, see Abstract).
Regarding claim 17, Sheets teaches the exercise apparatus of claim 2, wherein when the selector pin 4 is engaged, rotational movement of the bar 1 in a first direction along the arcuate path requires sufficient effort to overcome the source of resistance (i.e., when the selector pin 4 is engaged and fixes the handle 2 at a height, rotational movement side-to-side movement of the bar 1 requires effort against the resistance mechanism, see Abstract, and paras. [0023],[0034]).
Regarding claim 18, Sheets teaches the exercise apparatus of claim 1, wherein the arcuate path is horizontal (i.e., side-to-side on a horizontal plane, see Abstract, para. [0023]).
Regarding claim 19, Sheets teaches the exercise apparatus of claim 10, wherein the arcuate path is horizontal (i.e., side-to-side on a horizontal plane, see Abstract, para. [0023]).
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 4-5 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Sheets, as applied to claims 1 and 10 above, further in view of Littell (US PG Pub. No. 2016/0008665, Jan 14, 2016).
Sheets teaches the invention as substantially claimed.
Regarding claim 4, Sheets is silent in explicitly teaching the exercise apparatus of claim 1, comprising: a bolster bar extending upward from the platform; and at least one bolster pad coupled to the bolster bar.
Littell, however, in an analogous art of devices for performing abdominal exercises teaches a bolster bar 36 extending upward from a platform (i.e., base 10); and at least one bolster pad 46 coupled to the bolster bar 36 (see Littell, Figs. 11 and 12 below, and para. [0024])
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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 Sheets to include a bolster bar extending upward from the platform 25; and at least one bolster pad 46 coupled to the bolster bar 36 as taught by Littell in order to secure the lower body of the user in a stationary position while rotating the handle side-to-side to exercise the oblique muscles of the user during abdominal exercises.
Regarding claim 5, Sheets as modified by Littell teaches the exercise apparatus of claim 2, wherein a height of the at least one bolster pad 46 is adjustable (see Fig. 12, and Littell, para. [0024]).
Regarding claim 11, Sheets is silent in explicitly teaching the exercise apparatus of claim 1, comprising: a bolster bar extending upward from the platform; and at least one bolster pad coupled to the bolster bar.
Littell, however, in an analogous art of devices for performing abdominal exercises teaches a bolster bar 36 extending upward from a platform (i.e., base 10); and at least one bolster pad 46 coupled to the bolster bar 36 (see Littell, Figs. 11 and 12 above, and para. [0024])
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 Sheets to include a bolster bar extending upward from the platform 25; and at least one bolster pad 46 coupled to the bolster bar 36 as taught by Littell in order to secure the lower body of the user in a stationary position while rotating the handle side-to-side to exercise the oblique muscles of the user during abdominal exercises.
Regarding claim 12, Sheets as modified by Littell teaches the exercise apparatus of claim 2, wherein a height of the at least one bolster pad 46 is adjustable (see Fig. 12, and Littell, para. [0024]).
Claims 7-8 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sheets, as applied to claims 1 and 10 above, further in view of Maholmes (US PG Pub. No. 2016/0016038, Jan 21, 2016).
Sheets teaches the invention as substantially claimed.
Maholmes was cited in the PTO-892 filed on 07/11/2025.
Regarding claims 7 and 14, Sheets is silent in explicitly teaching the exercise device of claims 1 and 10, wherein the source of resistance comprises a stack of one or more selectable weights.
Maholmes, however, in an analogous art teaches an abdominal exercise device having a rotatable handle 160 and bar 100, wherein a source of resistance comprises a stack of one or more selectable weights 182 (see Maholmes, Fig 1 below)
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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 Sheets wherein the source of resistance comprises a stack of one or more selectable weights 182 as taught by Maholmes in order to provide an alternative source of rotational resistance.
Regarding claims 8 and 15, Sheets is silent in explicitly teaching the exercise device of claims 1 and 10, wherein the source of resistance comprises a mount for one or more free weights.
Maholmes, however, in an analogous art teaches an abdominal exercise device having a rotatable handle 160 and bar 100, wherein a source of resistance comprises a mount 140 for one or more free weights 182 (see Maholmes, Fig. 1 above)
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 Sheets wherein the source of resistance comprises a mount 140 for one or more free weights 182 as taught by Maholmes in order to provide an alternative source of rotational resistance.
Response to Arguments
Applicant’s arguments filed on 01/29/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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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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/ANDREW S LO/Primary Examiner, Art Unit 3784