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 .
Election/Restrictions
Applicant’s election without traverse of Species II (FIGS. 2, 8A, 8B, 9, and 10) in the reply filed on 1/8/2026 is acknowledged.
Claims 11-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/8/2026.
Claims 1-10 and 14 are currently pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in the instant Application on 5/1/2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/29/2025 and 4/10/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1-10 and 14 are objected to because of the following informalities:
In claim 1 line 2, “comprising” should be changed to --comprising:--.
In claim 1, lines 6-9 should be indented to show that they are comprised by the rolling arrangement.
In claim 1 line 6, “on a distance of each other” should be changed to --at a distance from each other--.
In claim 1 lines 6-7, “axis, at least one” should be changed to--axis, and at least one--.
In claim 1 line 10, “tread area, comprises:” should be changed to --tread area comprises:--.
In claim 1 line 13, “the handle arrangement rotatably” should be changed to --wherein the handle arrangement is rotatably--.
In claim 1 lines 14-15, “wherein, the first” should be changed to --wherein the first--.
In claim 1 last two lines, “and the first” should be changed to --and wherein the first--.
In claims 2-10 line 1 of each, “Training device” should be changed to --The training device--.
In claim 2 lines 1-2, “wherein, the” should be changed to --wherein the--.
In claim 2 line 4, “wherein,” should be changed to --wherein--.
In claim 3 lines 1-2, “wherein, the” should be changed to --wherein the--.
In claim 3 lines 3-4, “the said tread” should be changed to --the tread edges-- or --said tread edges--.
In claim 3 line 4, “arrangement in a rolling contact” should be changed to --arrangement are in rolling contact--.
In claim 3 last line, “under load rotate synchronized” should be changed to --under load--.
In claim 5 lines 3-4, “wherein, the” should be changed to --wherein the--.
In claim 6 lines 1-2, “wherein, the” should be changed to --wherein the--.
In claim 8 lines 1-2, “wherein, the” should be changed to --wherein the--.
In claim 14 line 1, “Training device” should be changed to --A training device--.
In claim 14 line 7, “diameter wherein” should be changed to --diameter, wherein--.
Appropriate corrections are required.
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 first tread edge with a first tread diameter” in line 11, which is vague and indefinite. It is unclear how an edge can have a diameter. Normally, a diameter is associated with rounded or curved shapes. An edge is associated with a point or line, not to rounded or curved shapes.
Claim 1 recites the limitation “a second tread edge with a second tread diameter” in line 12, which is vague and indefinite. It is unclear how an edge can have a diameter. Normally, a diameter is associated with rounded or curved shapes. An edge is associated with a point or line, not to rounded or curved shapes.
Claim 4 recites the limitation “wherein the at least one fixing element is configured to rotationally fix the first tread edge and the second tread edge directly or indirectly to each other” in lines 1-3, which is vague and indefinite. It appears the fixing elements (29) as shown in Figure 2 are located at opposite ends of the first wheel (261) and the second wheel (262), and the fixing elements and the first and second wheels are spaced apart by at least the length of the handle arrangement (5). Therefore, it is unclear how the first tread edge of the first wheel (261) can be fixed directly to the second tread edge of the second wheel (262) when they are spaced apart by intermediary structures.
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.
(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 1-8 and 14 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 9,415,258 (Higgins et al., hereinafter “Higgins”).
Regarding claim 1, Higgins discloses a training device for asymmetric training of abdominal muscles (abstract, FIGS. 1-7), comprising
a handle arrangement 108,112, with a first grip zone 108 for one hand of a user and a second grip zone 112 for another hand of the same user (see annotated FIG. 1 below, Col 4:54-56), and
a rolling arrangement 122,146 (first roller member 122 and second roller member 146 - Col 5:13-59, see annotated FIG. 1 below), comprising:
a first end and a second end on a distance of each other along a roll axis, at least one approximate axisymmetric element allowing the rolling arrangement to have a rolling contact with a flat rolling surface at a tread area when the training device rolls during use under load over the flat rolling surface (see annotated FIG. 1 below),
wherein the tread area, comprises:
a first tread edge with a first tread diameter near the first end (see annotated FIG. 1 below), and
a second tread edge with a second diameter near the second end (see annotated FIG. 1 below),
the handle arrangement 108,112 rotatably connected to the rolling arrangement 122,146 to rotate relative to the rolling arrangement about the roll axis (The abdominal exercise roller 104, which may be made up of one or more rollers e.g., first roller member 122, is rotatably and releasably coupled to the first handle tool 108 by a first rotatable and releasable magnetic quick-link coupler and to the second handle tool 112 by a second rotatable and releasable magnetic quick-link coupler. The rotatable and releasable magnetic quick-link couplers allow rotation like a bearing so the participant 102 may hold the handle tools 108, 112 in place while the roller member 122 rotates relative to the handle tools 108, 112 - Col 4:56-66), wherein, the first tread edge is configured to rotate approximately synchronized with the second tread edge (see annotated FIG. 1 below); and
the first tread diameter is larger than the second tread diameter (see annotated FIG. 1 below).
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Regarding claim 2, Higgins teaches the training device according to claim 1, and further discloses wherein the at least one approximate axisymmetric element comprises a first wheel 122 (first roller member 122 can be interpreted as a first wheel since it has a cylindrical-shaped body and is configured to roll over a surface - FIGS. 1-7, Col 5:15-20); and the rolling arrangement further comprising a further approximate axisymmetric element comprising a second wheel 146 (second roller member 146 can be interpreted as a second wheel since it has a cylindrical-shaped body and is configured to roll over a surface - FIGS. 1-7, Col 5:26-29), wherein the first wheel 122 comprises the first tread edge (both roller members 122,146 comprise the first tread edge and the second tread edge as they are both identical in structure and both include the troughs 240 with the interpreted second tread edge and adjacent ridges 242 with the interpreted first tread edge that are best shown in FIG. 5 and described in Col 9:58-59); and the second wheel 146 comprises the second tread edge (both roller members 122,146 comprise the first tread edge and the second tread edge as they are both identical in structure and both include the troughs 240 with the interpreted second tread edge and adjacent ridges 242 with the interpreted first tread edge that are best shown in FIG. 5 and described in Col 9:58-59).
Regarding claim 3, Higgins teaches the training device according to claim 2, and further discloses wherein the rolling arrangement 122,146 further comprises at least one fixing element 150 to rotationally fix the first tread edge and the second tread edge to each other such that the said tread edges of the rolling arrangement in a rolling contact with the flat rolling surface during use under load rotate synchronized (the magnetic quick-link coupler 150 can be interpreted as the fixing element that rotationally fixes the first tread edge of the first roller member 122 to the second tread edge of the second roller member 146 as best shown in FIGS. 2-4 and described in Col 5:26-41).
Regarding claim 4, Higgins teaches the training device according to claim 3, and further discloses wherein the at least one fixing element 150 is configured to rotationally fix the first tread edge and the second tread edge directly or indirectly to each other to synchronize rotation (the magnetic quick-link coupler 150 can be interpreted as the fixing element that rotationally fixes the first tread edge of the first roller member 122 to the second tread edge of the second roller member 146 as best shown in FIGS. 2-4 and described in Col 5:26-41).
Regarding claim 5, Higgins teaches the training device according to claim 3, and further discloses an axle element 222 with a first axle end and a second axle end (protruding portion 222 of magnetic quick-link coupler can be interpreted as an axle element since it is tubular shaped and allows rotation of the roller members 122,146 thereabout - Col 9:4-12, see annotated FIG. 4 below); wherein the at least one fixing element 150 is configured to connect the first wheel 122 to the first axle end and the second wheel to the second axle end such that the wheels rotate about the roll axis approximately in unison (see annotated FIG. 4 below; The abdominal exercise roller 104, which may be made up of one or more rollers e.g., first roller member 122, is rotatably and releasably coupled to the first handle tool 108 by a first rotatable and releasable magnetic quick-link coupler and to the second handle tool 112 by a second rotatable and releasable magnetic quick-link coupler. The rotatable and releasable magnetic quick-link couplers allow rotation like a bearing so the participant 102 may hold the handle tools 108, 112 in place while the roller member 122 rotates relative to the handle tools 108, 112 - Col 4:56-66).
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Regarding claim 6, Higgins teaches the training device according to claim 5, and further discloses wherein the at least one fixing element 150 is configured to rotationally fix the wheels 122,146 to the axle element 222 (see annotated FIG. 4 above).
Regarding claim 7, Higgins teaches the training device according to claim 1, and further discloses wherein the handle arrangement 108,112 is rotationally free about the roll axis (The abdominal exercise roller 104, which may be made up of one or more rollers e.g., first roller member 122, is rotatably and releasably coupled to the first handle tool 108 by a first rotatable and releasable magnetic quick-link coupler and to the second handle tool 112 by a second rotatable and releasable magnetic quick-link coupler. The rotatable and releasable magnetic quick-link couplers allow rotation like a bearing so the participant 102 may hold the handle tools 108, 112 in place while the roller member 122 rotates relative to the handle tools 108, 112 - Col 4:56-66).
Regarding claim 8, Higgins teaches the training device according to claim 1, and further discloses wherein the first grip zone 108 is substantially closer to the first tread edge than the second grip zone 112 and the second grip zone 112 is substantially closer to the second tread edge than the first grip zone 108 (see annotated FIG. 3 below).
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Regarding claim 14, Higgins discloses a training device for asymmetric training of abdominal muscles (abstract, FIGS. 1-7), comprising:
a longitudinally extending rolling arrangement 122,146 with at least one axisymmetric element 122,146 having a tread area and configured to roll over a support surface at the tread area (first roller member 122 and second roller member 146 - Col 5:13-59, see annotated FIG. 1 below),
wherein the tread area has a first tread edge with a first tread diameter and a second tread edge with a second tread diameter wherein the first tread edge and the second tread edge are at a distance from each other (see annotated FIG. 1 below); and
further comprising a handle arrangement 108,112 with a first grip zone 108 and a second grip zone 112 to be held by respective hands of a user (see annotated FIG. 1 below, Col 4:54-56); wherein the handle arrangement is rotationally mounted to the rolling arrangement, such that, during use, the rolling arrangement moves over the support surface with respect to the handle arrangement (The abdominal exercise roller 104, which may be made up of one or more rollers e.g., first roller member 122, is rotatably and releasably coupled to the first handle tool 108 by a first rotatable and releasable magnetic quick-link coupler and to the second handle tool 112 by a second rotatable and releasable magnetic quick-link coupler. The rotatable and releasable magnetic quick-link couplers allow rotation like a bearing so the participant 102 may hold the handle tools 108, 112 in place while the roller member 122 rotates relative to the handle tools 108, 112 - Col 4:56-66); and
wherein the first tread diameter is larger than the second tread diameter (see annotated FIG. 1 below); and further comprising a fixing element 150 to fixedly arrange the first tread edge and the second tread edge with respect to each other such that they roll in unison (the magnetic quick-link coupler 150 can be interpreted as the fixing element that rotationally fixes the first tread edge of the first roller member 122 to the second tread edge of the second roller member 146 as best shown in FIGS. 2-4 and described in Col 5:26-41).
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Allowable Subject Matter
Claims 9-10 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is US 9,415,258 (Higgins et al.).
Regarding dependent claim 9, Higgins et al. teaches the training device according to claim 1, and further discloses a center point, wherein the center point is on the roll axis halfway between the first tread edge and the second tread edge. (i.e., a center point of the device 100 in any of FIGS. 1-7). However, Higgins et al. does not disclose the center point traveling along a circular path projected on the flat rolling surface with a radius when the training device rolls during use under load over the flat rolling surface. The training device of Higgins et al. would travel in a straight line when the training device rolls during use under load over the flat rolling surface and therefore would not travel along a circular path in the manner that Applicant’s invention would travel. Furthermore, there is no teaching, suggestion, or motivation in the prior art of record that would have made it obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Higgins et al. to arrive at the claimed invention. Claim 10 depends on claim 9 and contains the same allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA S LEE whose telephone number is (571)270-1661. The examiner can normally be reached Monday-Friday 11am-7pm Eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/Joshua Lee/Primary Examiner, Art Unit 3784