DETAILED ACTION
This is the first Office Action on the merits based on the 18/625,171 application filed on 04/02/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-10, as originally filed, are currently pending and considered below.
Claim Objections
Claim 1 is objected to because of the following informalities:
In line 16, the limitation “other end is pulled” should be --- other end is configured to be pulled ---
Claim 8 is objected to because of the following informalities:
In line 14, the limitation “one end of a set of pulling wires” should be --- the one end of the set of pulling wires ---
Claim 10 is objected to because of the following informalities:
In line 2, the limitation “are arranged” should be ---are configured to be arranged ---
In line 3, the limitation “is arranged” should be ---is configured to be arranged ---
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
The claim limitation “thrust training mechanism” present in claims 1 and 9 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “thrust training” for performing the claimed function;
b) The term “mechanism” is modified by the functional language “thrust training”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “thrust training mechanism” present in claims 1 and 9 this limitation is taken to describe a first guiding rod, a guiding sleeve and a barbell rod (Para. [0026]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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 1-10 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.
Claim 1 recites the limitation “a part of each set of pulley components” in line 12. The limitation renders the claim indefinite because it is unclear whether a part of each set of pulley components refers to a specific structure on the pulley or a singular pulley. Claims 2-10 are rejected as being dependent off of claim 1.
Claim 1 recites the limitation “the other part” in line 13. The limitation renders the claim indefinite because it is unclear whether the other part of each set of pulley components refers to a specific structure on the pulley or a singular pulley.
Claim 1 recites the limitation “two sets of pulling wires are arranged oppositely” in lines 13-14. The limitation renders the claim indefinite because it is unclear arranged oppositely to what other structure.
Claim 8 recites the limitation “the inner upper part” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation “the upper end” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "a plurality of tension rods" in line 5. There is insufficient antecedent basis for this limitation in the claim.
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 (i.e., changing from AIA to pre-AIA ) 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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao (US Patent No. 12,011,635; FD: 04/20/2023).
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Regarding claim 1, Xiao discloses a power-assisted fitness exercise equipment (See Figures 1 and 2 above), comprises a frame (i.e., the frame members of the smith machine), a thrust training mechanism (Barbell bar 422, moving rack 42, and guide post 41; Figures 1 and 2), and a tension training mechanism (Selected irons 2, steel ropes 32, and the pullies annotated in Figures 1 and 2); wherein the thrust training mechanism is connected to the frame and is used for bodybuilders to perform vertical thrust training (i.e., the thrust training mechanism is connected to the center of the of the frame and allows users to perform vertical thrust training); wherein the tension training mechanism is connected to the frame and is used for bodybuilders to perform tension training (i.e., the tension training mechanism is connected to the frame and is used to perform tension training); and the tension training mechanism further comprises two sets of counterweights (Selected irons 2; Figure 1), two sets of pulley components (i.e., the pulleys are annotated in Figure 1 above) and two sets of pulling wires (i.e., the steel ropes 32); wherein the two sets of counterweights are respectively arranged oppositely at bottoms of both sides of the frame (i.e., the two sets of counterweights are the selected irons 2); wherein the two sets of pulley components are arranged oppositely to each other (i.e., the two sets of pulley components are arranged oppositely on each side of the exercise machine), and a part of each set of pulley components is arranged on one set of counterweights (i.e., the pulley arranged on the top side of the counterweight/selected irons 2), and the other part is arranged on one side of the frame (i.e., the top side of the frame); two sets of pulling wires are arranged oppositely (i.e., the two wires/steel ropes 32 are on both sides of the exercise machine), and each set of pulling wires is respectively arranged on the pulley components (i.e., the steel ropes 32 are roped through each of the pulleys that are annotated in Figure 1); one end of the pulling wire is connected to the thrust training mechanism (i.e., the pulling wire 32 is connected to the thrust training mechanism/Barbell bar 422, moving rack 42, and guide post 41 at the bottom side at the pulley 432), and other end is pulled by the bodybuilder to drive a set of counterweights to move up and down (i.e., the other end of the pulling wire 32 is connected to the counterweight/selected iron 2 allowing the counterweight to move and down by user action).
Regarding claim 2, Xiao discloses the thrust training mechanism comprises a first guiding rod (Guide post 41; Figure 1), a guiding sleeve (Moving rack 42; Figure 1) and a barbell rod (Barbell bar 422; Figure 1); there are two first guiding rods (Moving rack 42; Figure 1), the two first guiding rods are arranged oppositely on both sides of the frame, and the two first guiding rods are vertically distributed (i.e., the first guiding rod/guide post 41 are on opposite sides of the frame and vertically disposed); there are two guiding sleeves (i.e., guide posts 41), the two guiding sleeves are respectively sleeved on the two first guiding rods and can slide up and down relative to the first guiding rods (i.e., the guiding sleeve/moving rack 42 moves on the guiding rod/guide post 41); the two guiding sleeves are respectively connected with the one end of the two sets of the pulling wires (i.e., the guiding sleeve/moving rack 42 are connected by each respective pulling wire/steel rope 32); wherein the barbell rod is horizontally arranged in the frame and at position near ends to fixedly connect to the two guiding sleeves respectively (i.e., the barbell rod is horizontally positioned on the frame and fixed to the two guiding sleeves/moving racks 42).
Regarding claim 3, Xiao discloses the guiding sleeve is provided with a fixing ring (Pulley 432; Figure 1) on one side away from the barbell rod; the tension training mechanism further comprises two handles (Handle of pull sleeve 34; Figure 1) and two first limiting parts (i.e., the limiting part seen in Figure 2 above); two ends of each set of pulling wires are respectively connected to one of the handle and one of the first limiting parts (i.e., the pulling wire is connected to the handle/pull sleeve 34 and the limiting part as seen in Figure 2), and the two first limiting parts are connected to the two guiding sleeves respectively (i.e., each limiting part is connected to the respective guiding sleeve/moving rack 42).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao (US Patent No. 12,011,635; FD: 04/20/2023) in view of Hsu (US Patent Publication No. 2024/0157190; FD: 11/10/2022).
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Regarding claim 9, Xiao discloses the power-assisted fitness exercise equipment further comprises: two high-position booms (i.e., the booms annotated in Figure 1); wherein the two high-position booms are symmetrically fixed on upper end of front side of the frame (i.e., the booms are symmetrically fixed on the frame).
Xiao does not disclose a plurality of tension rods and a plurality of the tension rods are respectively arranged on outer wall of the frame.
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Hsu teaches an analogous rack machine (Exercise device seen in Figure 1 above) comprising a plurality of tension rods (i.e., see the annotated tension rods seen in Figure 1 above) and a plurality of the tension rods are respectively arranged on outer wall of the frame.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the frame of Xiao to have the tension rods of Hsu in order to have attachable members that can hold additional exercise equipment for use by the user.
Allowable Subject Matter
Claims 4-8 and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 4, none of the prior art of record either alone or in combination
teach or suggest all the structural and functional limitations as recited in the claim, and more specifically, a plurality of clamping rods are arranged equidistantly along the height direction on inner sides of the first columns; two hooks are arranged on the barbell rod close to the two guiding sleeves, and the two hooks can be respectively connected to two clamping rods in the same height.
The prior art of record Hsu (US Patent Pub. No. 2024/0157190; FD: 11/10/2022), Gordon (US Patent No.4,898,381; FD: 11/23/1988), and Xiao (US Patent No. 12,011,635; PCT Filed: 04/20/2023) fail to teach or render obvious the objected to claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Notice of References Cited for additional pertinent prior art.
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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784