DETAILED ACTION
This Office action is in response to applicant’s amendments and arguments filed 03/09/2026.
Status of the Claims
In applicant’s amendments, claims 1-4, 6-24 were amended. Claims 1-24 are currently pending and considered below. An action on the merits now follows.
Response to Amendment
The objections to the abstract of the disclosure, and the drawing, specification, and claim objections have been obviated in view of applicant’s amendments and arguments. The rejections under 35 U.S.C. § 112(b) have been obviated in view of applicant’s amendments and arguments, and was/were withdrawn.
Claim Objections
Claims objected to because of the following informalities: Appropriate correction is required.
Claim 10, line 3 amend: “the a end” to ---an end---.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21-22 are rejected under 35 U.S.C. 102(A)(2) as being anticipated by US 20170291056 A1 (Hsu).
Regarding Independent Claim 21, Hsu discloses a multiply housed exercise apparatus transportation kit comprising:
a first housing (moving member 2 with pin 4) containing a first group of components of the exercise apparatus (a rail and seat); and
a second housing (stationary base 1) containing a second group of components of the exercise apparatus (a cable and supporting portion 12 and bearing portion 33), and
the second housing is less than or equal to 165 inches in length plus girth (See Figure 1 wherein a seat is located at one end of the second housing with foot pedals located on at one end of the first housing; said second housing 2 diagonal is less than 13 feet long);
the first housing is less than or equal to 108 inches in length (said first moving member 2 is less than 9 feet in length), or
wherein at least one component of the first group of components is configured to be removably attached to at least one component of the second group of components to form a rowing exercise machine (pin 4 is configured to selectively engage with bearing portion 33).
Regarding Claim 22, Hsu further discloses the kit of claim 21, wherein the at least one component of the first group of components comprises a first portion of a frame of the rowing exercise machine (fixing plate 111), and the at least one component of the second group of components comprises a second portion of the frame of the rowing exercise machine (bearing portion 33).
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 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.
Claims 1, 4-5, 9-11, 13, 17, 19-20, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170291056 A1 (Hsu) in view of US 20220040527 A1 (Chang).
Regarding Independent Claim 1, Hsu discloses an exercise apparatus (Figure 1) comprising:
a first support member (moving member 2) including a first hollow tubular frame (See Figure 5 wherein the moving member 2 is a frame member that is hollow) at least partially embedded with a support material (Figure 5: Annotated), wherein the first support member is configured to support a track for a seat (see Figure 1-5 wherein the moving member 2 has a seat that rests upon the top of the moving member that is a track for said seat);
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a second support member (stationary base 1) including a second hollow tubular frame (bearing portion 33) at least partially embedded with the support material (supporting portion 31, see Figure 2 wherein portion 31 is embedded into the inside of the bearing portion 33), wherein the second support member is configured to support a flywheel housing (Figure 5: Annotated, the covering is considered a housing that is capable of housing a flywheel);
and a connector (pivotal connecting portion 11, fixing plate 111) comprising a pivoting joint (via fixing plate 111 pivoting within connecting portion 11) configured to detachably connect the first support member to the second support member.
Hsu does not disclose the pivot joint configured to detachably connect the first support member to the second support member.
Chang teaches an analogous exercise device in the same field of endeavor comprising:
An exercise apparatus (Figure 1) comprising: a first support member including a first frame (main frame 10), wherein the first support member is configured to support a track for a seat (see Figures); a second support member (second frame 20) including a second frame (frame body 21); and a connector (Figure 15 including the bolt) comprising a pivoting joint (the bolt) configured to detachably connect the first support member to the second support member (the bolt has a hex head allowing for removal and detachment of the main and second frames from each other).
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It would have been obvious for one skilled in the art at the time of filing to modify the connector with a bolt allowing for a detachable connection, as taught by Chang, in order to allow the device to be disassembled for storage.
Regarding Claim 4, Hsu as modified further discloses the exercise apparatus of claim 1, wherein the second support member is configured to support footrests (see Figures 1 and 2 for the foot rests on stationary base 1).
Regarding Claim 5, Hsu as modified further discloses the exercise apparatus of claim 1, wherein a first portion of the connector (fixing plate 111) and a second portion of the connector (connecting portion 11) are integrally formed within the first support member and the second support member, respectively (see Figure 2 wherein the fixing plate 111 is fixed to moving member 2 while connecting portion 11 is fixed to stationary base 1).
Regarding Claim 9, Hsu as modified further discloses the exercise apparatus of claim 1, wherein the second support member is configured to support a mount for a monitor (see Figure 1 wherein the stationary base 1 comprises a monitor at the top thereof with a mount for said monitor located at a top of said base 1).
Regarding Claim 10, Hsu as modified further discloses the exercise apparatus of claim 1, wherein the connector further includes a locking joint (pin 4) spaced away from the pivoting joint (via receiving sleeve 41), the locking joint arranged to secure a connection of an end of the first support member to a first end of the second support member (interior ends located at the pivot joint) after the first end of the first support member has been rotated about the pivoting joint until engagement with the first end of the second support member at the locking joint (rotating said structures causes pin 4 to engage with aperture 35 locking the rotation of the device).
Regarding Independent Claim 11, Hsu discloses a method for assembling an exercise apparatus (Figure 1) comprising:
providing a first support member (moving member 2) including a first hollow tubular frame (See Figure 5 wherein the moving member 2 is a frame member that is hollow) embedded with a support material (Figure 5: Annotated), wherein the first support member is configured to support a track for a seat (see Figure 1-5 wherein the moving member 2 has a seat that rests upon the top of the moving member that is a track for said seat);
providing a second support member (stationary base 1) including a second hollow tubular frame (bearing portion 33) embedded with the support material (supporting portion 31, see Figure 2 wherein portion 31 is embedded into the inside of the bearing portion 33), wherein the second support member is configured to support footrests (See Figure 2 for dual footrests located above the pivot); and connecting a first portion of the first support member to a second portion of the second support member at a connecting pivoting joint (pivotal connecting portion 11, fixing plate 111)
and connecting a first portion of the first support member to a second portion of the second support member at connecting pivoting joint (pivoting connector portion 11, fixing plate 111; see Figures 1 and 3 wherein the connectors are coupled together).
Hsu discloses the invention as substantially claimed, Hsu does not disclose removably connecting a first portion of the first support member to a second portion of the second support member at a detachably connecting pivoting joint (emphases added).
Chang teaches an analogous exercise device in the same field of endeavor comprising:
An exercise apparatus (Figure 1) comprising: a first support member including a first frame (main frame 10), wherein the first support member is configured to support a track for a seat (see Figures); a second support member (second frame 20) including a second frame (frame body 21); and a connector (Figure 15 including the bolt) comprising a pivoting joint (the bolt) configured to detachably connect the first support member to the second support member (the bolt has a hex head allowing for removal and detachment of the main and second frames from each other).
It would have been obvious for one skilled in the art at the time of filing to modify the connector with a bolt configured for detachable connects, as taught by Chang, in order to allow the device to be disassembled for storage.
Regarding Claim 13, Hsu as modified further discloses the method of claim 11, wherein the first portion and the second portion are integrally formed within a portion of the first support member and the second support member respectively (fixing element 113 fixes fixing plate 111 in place; connection portion 32 fixes connecting portion 11 to the base 1).
Regarding Claim 17, Hsu as modified further discloses the method of claim 11, wherein the second support member is configured to support a flywheel housing (see Figure 1 wherein the main base 1 supports a flywheel housing).
Regarding Claim 19, Hsu as modified further discloses the method of claim 11, wherein the second support member is configured to support a mount for a monitor (see Figure 1 wherein the main base 1 comprises a support for a monitor on the top thereof).
Regarding Claim 20, Hsu as modified further discloses the method of claim 11, wherein removing connecting the first portion to the second portion comprises:
rotating a first end of the first support member about the pivoting joint until engagement with a first end of the second support member at a locking joint (pin 4) spaced away from the pivoting joint (Figure 7 to Figure 8 show the rotation of the bodies about the pivot point such that pin 4 engages with aperture 34 when finished rotating); and
securing a connection between the first support member and the second support member using the locking joint (pin 4 engages with aperture 34 away from the pivot point when the device is rotated into position shown in Figure 8).
Regarding Independent Claim 23, Hsu discloses an exercise apparatus (Figure 1) comprising: a first support member (moving member 2) comprising a first portion of a pivoting joint (pin 4); and
a second support member (stationary base 1) comprising a second portion of the pivoting joint (bearing portion 33);
and wherein the first portion of the pivoting joint is configured to engage the second portion at a bottom of the first support member and of the second support member (see Figure 4 wherein the ping 4 engages with bearing portion 33 at a bottom below the base 1 and member 2), and
wherein the first support member and the second support member are configured to, when attached at the pivoting joint, form a frame of a rowing exercise machine (see Figure 2).
Claims 6-7, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170291056 A1 (Hsu) in view of US 20220040527 A1 (Chang).in view of US 20210077850 A1 (Nautilus et al; henceforth Nautilus).
Regarding Claims 6 and 14, Hsu discloses the invention as substantially claimed, see above. Hsu does not disclose the material properties of the tubular frames and does not disclose the plastic comprising at least one of a polycarbonate, polypropylene, polymer, polyvinyl chloride (PVC), acrylonitrile butadiene styrene (ABS), nylon, and acrylic.
Nautilus teaches an analogous exercise in the same field of endeavor comprising a frame (bench 100) formed of a plastic comprised of PVC (“Plastics may include a thermoplastic material (self-reinforced or fiber reinforced), nylon, LDPE, ABS, polycarbonate, polypropylene, polystyrene, PVC, polyamide, and/or PTFE” Paragraph 71). it would have been obvious for one skilled in the art at the time of filing to modify the tubular frames to be PVC, as taught by Nautilus, in order to formed of a thermoformable material for ease of manufacturing.
Regarding Claims 7 and 15, Hsu discloses the invention as substantially claimed, see above. Hsu does not disclose the material properties of the support structures and does not disclose the plastic comprising at least one of a polycarbonate, polypropylene, polymer, polyvinyl chloride (PVC), acrylonitrile butadiene styrene (ABS), nylon, and acrylic.
Nautilus teaches an analogous exercise in the same field of endeavor comprising a frame (bench 100) formed of a plastic comprised of PVC (“Plastics may include a thermoplastic material (self-reinforced or fiber reinforced), nylon, LDPE, ABS, polycarbonate, polypropylene, polystyrene, PVC, polyamide, and/or PTFE” Paragraph 71). it would have been obvious for one skilled in the art at the time of filing to modify the support structures to be PVC, as taught by Nautilus, in order to formed of a thermoformable material for ease of manufacturing.
Response to Arguments
Applicant’s arguments with respect to the claims 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.
Allowable Subject Matter
Claims 2, 8, 12, 16, 18, and 24 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, the prior art of record US 20170291056 A1 (Hsu) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein the pin receiver is configured to removably accept the pin therein from a direction perpendicular to an extension direction of the
The prior art of record teaches wherein the connector includes a pin (pin insert 43) and a pin receiver (receiving sleeve 41) of a pin mechanism (pin 4, Figure 2), which is not equivalent to applicant’s invention. It would not have been obvious for one skilled in the art at the time of filing to modify the pin to be horizontal without improper hindsight.
Regarding claim 12, the prior art of record US 20170291056 A1 (Hsu) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including:
the pin being detachably connectable to the pin receiver from a direction perpendicular to an extension direction of the pin.
The prior art of record teaches wherein the connector includes a pin (pin insert 43) and a pin receiver (receiving sleeve 41) of a pin mechanism (pin 4, Figure 2), which is not equivalent to applicant’s invention. It would not have been obvious for one skilled in the art at the time of filing to modify the pin to be horizontal without improper hindsight.
Regarding claim 24, the prior art of record US 20170291056 A1 (Hsu) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein an axis of rotation of the pivoting joint is located at the bottom of the first support member and the second support member when the exercise apparatus is in an operational position.
The prior art of record teaches the pivot axis located at a top of the second support member when in operational position, which is not equivalent to applicant’s invention. It would not have been obvious for one skilled in the art at the time of filing to modify the pivot axis to be located at the bottom of the second support member without breaking the locking mechanism and without breaking the folding functionality.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T MOORE whose telephone number is (571)272-0063. The examiner can normally be reached on M - Th 7:00-5:00pm; Friday 7-12 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached on (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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/ZACHARY T MOORE/Examiner, Art Unit 3784
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