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 .
Status of Claims
Claims 1-24, as filed on 03/26/2024, are currently pending and considered below.
Claim Objections
Claims listed below are objected to because of the following informalities (appropriate correction is required):
Claim 6, 14 amended: “butadience” to ---butadiene---.
Claim Rejections - 35 USC § 112
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.
Claim 21-22 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor.
Claim 21 recites: “wherein at least one of the first and second”. It is unclear if the first and second are in reference to the first and second housing or the first and second group. In as much as applicant has shown it is understood to be the housing, applicant is suggested to amend the limitation to ---wherein at least one of the first housing and the second housing---.
Claim 21 recites: “at least one of the first, second, and third housing”. There is a lack of antecedent basis for third housing within the claim. Applicant is suggested to amend the limitation to ---at least one of the first housing, the second housing, and a third housing---.
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.
Claims 1-5, 10-13, 16-17, and 20 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 20100222192 A1 (Harris).
Regarding Independent Claim 1, Harris discloses an exercise apparatus (see Figure 5) comprising:
a first support member (frame 20) including a first hollow tubular frame (legs 22; “a solid or hollow material, such as a tube” Paragraph 46; the legs 22 are hollow tubes) at least partially embedded with a support material (transverse support 21 welded thereon);
a second support member (frame 40) including a second hollow tubular frame (legs 32; “hollow material, such as a tube” Paragraph 46) at least partially embedded with the support material (transverse support 31 welded thereon);
and a connector (connector 52 with bolt 54 and apertures 22A, 22B located through the upper ends of respective legs) comprising a pivoting joint (pivot through bolt 54; “Bolt 54 cooperatively engages tube 53, apertures 22B, and apertures 32B, thereby pivotably connecting bracket 50 to frame elements 20 and 30” Paragraph 99) configured to detachably connect the first support member to the second support member (“In this manner, a set of holes drilled at or near the top of the sets of tubes can be used to connect the two sets of tubes with a nut/bolt arrangement” Paragraph 50; removal of the nut from the bolt allows for removal of the bolt from the holes allowing separation thereof).
Regarding Claim 2, Harris further discloses the exercise apparatus of claim 1, wherein the connector includes a pin and a pin receiver (bolt 54 with nut; see Paragraph 50 above), the pin receiver configured to removably accept the pin therein (the nut is selectively screwed onto the end of the bolt).
Regarding Claim 3, Harris further discloses the exercise apparatus of claim 2, wherein the connector includes a metal bolster (tube 53; “The frame elements can be produced from solid materials, such as solid wood, plywood, steel, or plastic, or hollow materials such as metal or plastic tubing, or combinations thereof” Paragraph 44; the tube is made of metal) arranged to support the pin (“Bolt 54 cooperatively engages tube 53, apertures 22B, and apertures 32B, thereby pivotably connecting bracket 50 to frame elements 20 and 30.” Paragraph 99; see Figure 3 wherein the bolt 54 is supported by tube 53 in between the legs providing proper spacing).
Regarding Claim 4, Harris further discloses the exercise apparatus of claim 3, wherein the metal bolster supports a center portion of the pin (see Figure 3 wherein the tube 53 supports the direct center of the bolt 54).
Regarding Claim 5, Harris further discloses the exercise apparatus of claim 1, wherein a first portion of the connector and a second portion of the connector (apertures 22A, 22B) are integrally formed within the first support member and the second support member, respective (apertures 22A, 22B are formed through the upper ends of respective legs 22, 32 such that the bolt 54 pass therethrough as shown in Figure 3).
Regarding Claim 10, Harris further discloses the exercise apparatus of claim 1, wherein the connector further includes a locking joint spaced away from the pivoting joint (support 45 spaced below bolt 54/pivot axis), the locking joint arranged to secure the connection of the first end of the first support member to the first end of the second support member 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 (pin 49 of support 45 locks into place when legs 22, 32 are respectively rotated outward about the pivot axis securing the positions of the legs into place as shown in Figure 1 via unfolding of the support 45).
Regarding Independent Claim 11, Harris discloses a method for assembling an exercise apparatus comprising:
providing a first support member (frame 20) including a first hollow tubular frame (legs 22; “a solid or hollow material, such as a tube” Paragraph 46; the legs 22 are hollow tubes) embedded with a support material (transverse support 21 welded thereon);
providing a second support member (frame 40) including a second hollow tubular frame (legs 32; “hollow material, such as a tube” Paragraph 46) embedded with the support material (transverse support 31 welded thereon);
removably connecting a first portion of the first support member (apertures 22A with bolt 54 with corresponding nut) to a second portion of the second support member (apertures 22B) at a detachably connecting pivoting joint (connector 52; “a set of holes drilled at or near the top of the sets of tubes can be used to connect the two sets of tubes with a nut/bolt arrangement” Paragraph 50; removal of the nut from the bolt allows for removal of the bolt from the holes allowing separation thereof).
Regarding Claim 12, Harris further discloses the method of claim 11, wherein the first portion includes a pin (bolt 54) and the second portion includes a pin receiver (aperture 22B), the pin being detachably connectable to the pin receiver (bolt 54 freely passes through aperture 22B such that the bolt 54 is removably received therein).
Regarding Claim 13, Harris 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 (apertures 22A, 22B are formed through the upper ends of respective legs 22, 32 such that the bolt 54 pass therethrough as shown in Figure 3).
Regarding Claim 16, Harris further discloses the method of claim 12, wherein the first portion includes a metal bolster (tube 53; “The frame elements can be produced from solid materials, such as solid wood, plywood, steel, or plastic, or hollow materials such as metal or plastic tubing, or combinations thereof” Paragraph 44; the tube is made of metal) arranged to support the pin (“Bolt 54 cooperatively engages tube 53, apertures 22B, and apertures 32B, thereby pivotably connecting bracket 50 to frame elements 20 and 30.” Paragraph 99; see Figure 3 wherein the bolt 54 is supported by tube 53 in between the legs providing proper spacing).
Regarding Claim 17, Harris further discloses the method of claim 16, wherein the metal bolster supports a center portion of the pin (see Figure 3 wherein the tube 53 supports the direct center of the bolt 54).
Regarding Claim 20, Harris further discloses the method of claim 16, wherein the connector further includes a locking joint spaced away from the pivoting joint (support 45 spaced below bolt 54/pivot axis), the locking joint arranged to secure the connection of the first end of the first support member to the first end of the second support member 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 (pin 49 of support 45 locks into place when legs 22, 32 are respectively rotated outward about the pivot axis securing the positions of the legs into place as shown in Figure 1 via unfolding of the support 45).
Claims 21, 23-24 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 20170144735 A1 (Sciarra).
Regarding Independent Claim 21, Sciarra discloses a multiply housed exercise apparatus transportation kit comprising:
a first housing (backpack 252) containing a first group of components of the exercise apparatus (sections 102, 104, 106; “places board 250 into backpack 252” Paragraph 22);
and a second housing (pocket 254) containing a second group of components of the exercise apparatus (skegs 116);
wherein at least one of the first and second is less than or equal to 165 inches in length plus girth (see Figure 4 wherein the backpack is sized for a person; the backpack is less than 13 feet wide).
Regarding Independent Claim 23, Sciarra discloses an exercise apparatus (Figure 1-2) comprising:
a first support member (section 106) comprising a first portion of a pivoting joint (section 106);
a second support member (section 104) comprising a second portion of the pivoting joint (section 104);
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 8 wherein the sections 104, 106 are connected at a bottom thereof allowing for a counterclockwise pivoting arrangement as shown in Figure 9).
Regarding Claim 24, Sciarra further discloses the exercise apparatus of claim 23, wherein an axis of rotation of the pivoting joint is located at a bottom of the first support member and the second support member when the exercise apparatus is in an operational position (see Figure 7 for the device in operational position wherein the axis of rotation is still located on the bottoms of the first and second sections thereof).
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 6-7, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 20100222192 A1 (Harris) in view of US 20210077850 A1 (Nautilus et al; henceforth Nautilus).
Regarding Claims 6 and 14, Harris discloses the invention as substantially claimed, see above. Harris further discloses the first hollow tubular frame and the second hollow tubular frame formed of a plastic (“The frame elements can be produced from… …plastic tubing” Paragraph 44). Harris 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 plastic to be PVC, as taught by Nautilus, in order to formed of a thermoformable material for ease of manufacturing.
Regarding Claims 7 and 15, Harris discloses the invention as substantially claimed, see above. Harris further discloses the support material formed of a plastic (“The frame elements can be produced from… …plastic tubing” Paragraph 44). Harris 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 plastic to be PVC, as taught by Nautilus, in order to formed of a thermoformable material for ease of manufacturing.
Claims 8-9, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 20100222192 A1 (Harris) in view of 20110251028 A1 (Bono).
Regarding Claims 8 and 18, Harris discloses the invention as substantially claimed, see above. Harris further discloses wherein the pin receivers include a pair of apertures (apertures 22A, 22B), the pin being detachably connectable to the at least one aperture (bolt 54 passes through apertures 22a, 22B). Harris does not disclose the apertures being at least one hook, the pin being detachable connectable to the one hook.
Bono teaches an analogous exercise device in the same field of endeavor comprising: a pin receiver (pulley hooks 117A) includes at least one hook (hooks 117A, Figure 6), a pin being detachably connectable to the at least one hook (pulley pin 117C; see Figure 6 wherein the pin is removed).
it would have been obvious for one skilled in the art at the time of filing to modify the apertures to be respective hooks, as taught by Bono, in order to increase ease of assembly and disassembly.
Regarding Claims 9 and 19, Harris as modified further teaches the exercise apparatus of respective claims 8 and 12, wherein the pin receiver includes two hooks spaced apart and arranged to detachably engage with outer lateral portions of the pin (apertures 22A, 22B were replaced with hooks such that there are a pair of hooks with each hook located at respective ends of the bolt 54).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over US 20170144735 A1 (Sciarra).
Regarding Claim 22, Sciarra discloses the invention as substantially claimed, see above. Sciarra further discloses the weight of the device as formed of foam, floatable on water, and light weight. Sciarra does not disclose wherein each of the first and second group weighs less than or equal to 150 pounds. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Sciarra to have a weight of less or equal to 150 pounds since it has been held that “where the only difference between the prior art and the claims was a recitation of the relative dimension of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distant from the prior art device.” In the instant case, the device of Sciarra would not operate differently with the claimed weight. Further, applicant places no criticality on the weight claimed, indicating only that the weight is “less than or equal to” the claimed weight. Therefore it would have been obvious for one of ordinary skill in the art at the time of filing to modify the weight of the weight of the first and second groups to be 100 pounds, in order to allow ordinary individuals to carry the device around in a backpack.
Conclusion
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 Monday - Thursday 8:00am - 4:00pm 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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