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 .
Priority
Acknowledgement is made of Applicant’s claim for priority to provisional application no. 63/458,258 filed 10 April 2023.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
“pair of shoulder members” in claim 3
“wherein said plurality of apertures is segregated into groups of two apertures with each group being separated by a panel area” in claim 4 and “wherein said plurality of apertures is arranged into groups of two apertures with each group being displaced from a next group by a panel area” in claim 13. In at least Figure 2 of the drawings, the apertures are shown as being arranged into groups of apertures, but not as groups of two apertures with each group being displaced from the next by a panel area. That is, only the group in the middle of the primary plate is shown with two apertures. The group of two apertures is separated from a group of only one aperture by a panel area 25.
“sidewalls” in claim 12
“at least one castor wheel coupled to at least one of said support members” in claim 20
No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “inclination assembly 40” on page 3, line 4.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 21a in Figure 2.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 8, 10-11, 14, 16, and 18-20 are objected to because of the following informalities:
Claim 1, line 6, “said side edges” should read --said pair of side edges--
Claim 8, line 2, “primary platform” should read --primary plate--
Claim 10, line 3, “each selection member” should read --each selection member of the plurality of selection members--
Claim 11, line 1, “(1)” should read --(i)--
Claim 11, line 3, “(2)” should read --(ii)--
Claim 14, line 3, “each spacer member” should read --each spacer member of the plurality of spacer members--
Claim 16, line 1, “(1)” should read --(i)--
Claim 16, line 3, “(2)” should read --(ii)--
Claim 18, line 2, “(1)” should read --(i)--
Claim 18, line 3, “(2)” should read --(ii)--
Claim 19, line 3, “each selection member” should read --each selection member of the plurality of selection members--
Claim 20, line 2, “said support members” should read --said pair of support members--
Claim 20, line 2, “that primary plate” should read --said primary plate--
Claim 20, line 3, “that primary plate” should read --said primary plate--
Appropriate correction is 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 5-6, 10, and 14-16 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 5 recites the limitation “said plurality of panel areas” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “said slot” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation “said plurality of panel areas” in line 2. 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.
(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 1-7 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ullman (US 4,982,958).
Regarding claim 1, Ullman teaches an exercise platform, comprising:
a primary plate (footboard 60) defining a planar configuration and having a pair of side edges (long edges 64) displaced laterally from one another and a bottom edge extending between lower ends of said pair of side edges, respectively (See annotated Fig. 6 below.),
said primary plate including a neck portion (cleat 68) opposite said bottom edge and extending away from upper ends of said side edges (Fig. 6 shows a cleat 68 at a top edge of the footboard 60 that extends away from upper ends of the long edges 64.),
the primary plate including a front side (upper surface 62) and a rear side opposite said front side (Fig. 6 shows the rear side of the footboard 60.);
wherein said primary plate defines a plurality of apertures spaced apart along said pair of side edges, respectively (Annotated Fig. 6 below shows a plurality of apertures along the side edges. Merriam Webster defines “aperture” as “an opening or open space” [see https://www.merriam-webster.com/dictionary/aperture]. The apertures of Ullman are openings/open spaces.).
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Regarding claim 2, Ullman teaches the exercise platform as in claim 1, wherein said neck portion defines a slot (openings 69) having a laterally elongate configuration (Fig. 6).
Regarding claim 3, Ullman teaches the exercise platform as in claim 1, wherein said neck portion includes a pair of shoulder members extending inwardly of said pair of side edges, respectively (See annotated Fig. 6 above with regards to claim 1.).
Regarding claim 4, Ullman teaches the exercise platform as in claim 1, wherein said plurality of apertures is segregated into groups of two apertures with each group being separated by a panel area (Annotated Fig. 6 above with regards to claim 1 shows two aperture groups comprising two apertures each. These aperture groups are separate from each other by the entire panel area of the underside of the footboard 60.).
Regarding claim 5, Ullman teaches the exercise platform as in claim 4, further comprising a plurality of spacer members (post elements 72) adhered only to said plurality of panel areas positioned on said rear side of said primary plate, respectively (Fig. 6 shows post elements 72 positioned on the panel area of the rear side of the footboard 60. The post elements 72 create space between the footboard 60 and the ground/floor.). Ullman does not explicitly teach wherein the spacer members are adhered to the panel area. However, product-by-process claims are limited by and defined by the process and the determination of patentability is based on the product itself, thus “adhered to” is given no patentable weight (see MPEP 2113).
Regarding claim 6, Ullman teaches the exercise platform as in claim 5, further comprising a plurality of auxiliary spacer members (projecting post element 70) mounted to the rear side of said primary plate adjacent said bottom edge and adjacent said neck portion (Fig. 6 shows post elements 70 adjacent the cleat 68 and the bottom edge. The post elements 70 create space between the footboard 60 and the ground/floor.).
Regarding claim 7, Ullman teaches the exercise platform as in claim 1, wherein said plurality of apertures are adjacent said pair of side edges, respectively (Fig. 6 shows the apertures adjacent the long edges 64.).
Regarding claim 12, Ullman teaches an exercise platform, comprising:
a primary plate (footboard 60) having a pair of side edges (long edges 64) displaced laterally from one another and a bottom edge extending between lower ends of said side edges, respectively, said primary plate having a unitary construction and defining a horizontal plane (See annotated Fig. 6 above with regards to claim 1. The footboard 60 sits on a floor surface and defines a horizontal plane.),
said primary plate including a neck portion (cleat 68) positioned in said horizontal plane opposite said bottom edge and extending away from upper ends of said pair of side edges (Fig. 6 shows a cleat 68 at a top edge of the footboard 60 that extends away from upper ends of the long edges 64.),
said neck portion including sidewalls positioned inwardly from said upper ends of said pair of side edges (See annotated Fig. 6 above with regards to claim 1. The sidewalls are shown positioned inwardly of the side edges.), said neck portion defining a slot (opening 69),
wherein said primary plate includes opposed front (upper surface 62) and rear surfaces (Fig. 6 shows the rear side of the upper surface 62. The various structures/ribs are attached to the rear side of the upper surface 62.);
wherein said primary plate defines a plurality of apertures spaced apart along said pair of side edges, respectively (Annotated Fig. 6 above shows a plurality of apertures along the side edges. Merriam Webster defines “aperture” as “an opening or open space” [see https://www.merriam-webster.com/dictionary/aperture]. The apertures of Ullman are openings/open spaces.).
Regarding claim 13, Ullman teaches the exercise platform as in claim 12, wherein said plurality of apertures is arranged into groups of two apertures with each group being displaced from a next group by a panel area (Annotated Fig. 6 above with regards to claim 1 shows two aperture groups comprising two apertures each. These aperture groups are separate from each other by the entire panel area of the underside of the footboard 60.).
Regarding claim 14, Ullman teaches the exercise platform as in claim 13, further comprising a plurality of spacer members (post elements 72) adhered to said plurality of panel areas positioned on said rear surface of said primary plate, respectively, each spacer member being configured to displace said rear surface from a floor surface (Fig. 6 shows post elements 72 positioned on the panel area of the rear side of the footboard 60. The post elements 72 create space between the rear side of the footboard 60 and the ground/floor.). Ullman does not explicitly teach wherein the spacer members are adhered to the panel area. However, product-by-process claims are limited by and defined by the process and the determination of patentability is based on the product itself, thus “adhered to” is given no patentable weight (see MPEP 2113).
Regarding claim 15, Ullman teaches the exercise platform as in claim 14, further comprising a plurality of auxiliary spacer members (projecting post element 70) mounted to the rear surface of said primary plate adjacent said bottom edge and adjacent said neck portion, respectively (Fig. 6 shows post elements 70 adjacent the cleat 68 and the bottom edge. The post elements 70 create space between the footboard 60 and the ground/floor.).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-4, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over CanDo (NPL, a copy of which is provided with this office action) in view of Foster (US 5,645,516).
Regarding claim 1, CanDo teaches an exercise platform, comprising:
a primary plate defining a planar configuration and having a pair of side edges displaced laterally from one another and a bottom edge extending between lower ends of said pair of side edges, respectively (Annotated Figure below shows a primary plate having a bottom and sides.),
said primary plate including a neck portion opposite said bottom edge and extending away from upper ends of said side edges (Annotated Figure below shows the primary plate having a neck portion that extends away from the side edges and defines a top edge.),
the primary plate including a front side and a rear side opposite said front side.
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CanDo does not teach wherein said primary plate defines a plurality of apertures spaced apart along said pair of side edges, respectively.
However, in a similar field of endeavor, Foster teaches a lower extremity exerciser and foot rest comprising a primary plate (foot pedal 24) defining a planar configuration, wherein said primary plate defines a plurality of apertures (toe slots 38 and heel slots 46) spaced apart along said pair of side edges, respectively (Fig. 1 shows a toe slot 38 and a heel slot 46 spaced apart along each of the pair of side edges.).
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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 primary plate of CanDo by including the slots of Foster. One of ordinary skill in the art would have been motivated to include the heel slots 46 in order to provide heel straps that can be moved “forward or rearward to select the proper position of heel strap 42 relative to the patient’s foot size,” as suggested by Foster (Col. 5, lines 36-39; shown in Figs. 9a-b) and to include the toe slots 38 in order to provide spots for elastomeric bands that can be “looped around toe ends 32 of each foot pedal 24 when the patient exercises by plantar flexion, dorsiflexion and/or rotation of each foot,” as suggested by Foster (Col. 5, lines 12-16; shown in Figs. 9a-9b).
Regarding claim 3, CanDo in view of Foster teaches the exercise platform as in claim 1, wherein said neck portion includes a pair of shoulder members extending inwardly of said pair of side edges, respectively (CanDo: See annotated Figure above with regards to claim 1.).
Regarding claim 4, the combination of CanDo and Foster as discussed above with regards to claim 1 teaches the exercise platform as in claim 1, wherein said plurality of apertures is segregated into groups of two apertures with each group being separated by a panel area (Foster: Fig. 1 shows the heel slots 46 creating a group of two apertures and the toe slots 38 creating a group of two apertures. The two groups are separated by a panel area of the primary plate.).
Regarding claim 7, the combination of CanDo and Foster as discussed above with regards to claim 1 teaches the exercise platform as in claim 1, wherein said plurality of apertures are adjacent said pair of side edges, respectively (Foster: Fig. 1 shows the slots 38, 46 being adjacent to side edges of the primary plate.).
Regarding claim 9, CanDo in view of Foster teaches the exercise platform as in claim 1, further comprising:
an inclination assembly having a base plate having a planar configuration configured to lay flat upon a floor surface and having a selector plate extending upwardly from a front edge of said base plate, said selector plate defining a plurality of selector openings each having a configuration complementary to and selectively receiving said neck portion of said primary plate (CanDo: Annotated Figure above with regards to claim 1 shows an inclination assembly having a base plate and a selector plate. The selector plate is shown with a plurality of selector openings that can selectively receive the neck portion of the primary plate.).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over CanDo (NPL) in view of Foster (US 5,645,516) as applied to claim 1 above, and further in view of Cooper (US 5,087,036).
Regarding claim 8, CanDo in view of Foster teaches the exercise platform as in claim 1.
CanDo does not teach further comprising a traction mat adhered upon the front side of the primary platform.
However, in a similar field of endeavor, Cooper teaches an exercise device for foot muscle stretching comprising a primary plate (foot plate 15), further comprising a traction mat (pad 14) adhered upon the front side of the primary platform (Figs. 1-2; Col. 3, lines 55-58: “A pad 14 is secured to the upper surface 16 of the foot plate 15. The pad 14 is made of material having a substantial coefficient of friction that inhibits the ball of the foot from slipping when in use.”).
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 plate of CanDo by providing the grip pad of Cooper. One of ordinary skill in the art would have been motivated to make this modification in order to provide “a substantial coefficient of friction that inhibits the ball of the foot from slipping when in use,” as suggested by Cooper (Col. 3, lines 55-58).
Claims 12-13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over CanDo (NPL, a copy of which is provided with this office action) in view of Herod et al. (US 4,422,635, hereinafter Herod) further in view of Foster (US 5,645,516).
Regarding claim 12, CanDo teaches an exercise platform, comprising:
a primary plate having a pair of side edges displaced laterally from one another and a bottom edge extending between lower ends of said side edges, respectively, said primary plate having a unitary construction and defining a horizontal plane (See annotated Figure above with regards to claim 1. The primary plate is shown in a storage position where it defines a horizontal plane.),
said primary plate including a neck portion positioned in said horizontal plane opposite said bottom edge and extending away from upper ends of said pair of side edges (Annotated Figure above shows the neck portion extending away from upper ends of the sides of the primary plate.),
said neck portion including sidewalls positioned inwardly from said upper ends of said pair of side edges (See annotated Figure above with regards to claim 1.),
wherein said primary plate includes opposed front and rear surfaces.
CanDo does not teach wherein said primary plate defines a plurality of apertures spaced apart along said pair of side edges, respectively.
However, in a similar field of endeavor, Foster teaches a lower extremity exerciser and foot rest comprising a primary plate (foot pedal 24) defining a planar configuration, wherein said primary plate defines a plurality of apertures (toe slots 38 and heel slots 46) spaced apart along said pair of side edges, respectively (Fig. 1 shows a toe slot 38 and a heel slot 46 spaced apart along each of the pair of side edges.).
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 primary plate of CanDo by including the slots of Foster. One of ordinary skill in the art would have been motivated to include the heel slots 46 in order to provide heel straps that can be moved “forward or rearward to select the proper position of heel strap 42 relative to the patient’s foot size,” as suggested by Foster (Col. 5, lines 36-39; shown in Figs. 9a-b) and to include the toe slots 38 in order to provide spots for elastomeric bands that can be “looped around toe ends 32 of each foot pedal 24 when the patient exercises by plantar flexion, dorsiflexion and/or rotation of each foot,” as suggested by Foster (Col. 5, lines 12-16; shown in Figs. 9a-9b).
CanDo does not teach said neck portion defining a slot.
However, in a similar field of endeavor, Herod teaches an exercise platform comprising a primary plate (treadle 14) having a bottom edge and a top edge opposite the bottom edge, wherein the top edge defines a slot (handgrip opening 48) (Fig. 1).
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 neck portion of CanDo by including the handgrip opening 48 of Herod. One of ordinary skill in the art would have been motivated to make this modification in order to provide handgrip openings that “may be used in carrying the [exercise device],” as suggested by Herod (Col. 4, lines 58-63).
Regarding claim 13, CanDo in view of Herod further in view of Foster teaches the exercise platform as in claim 12, wherein said plurality of apertures is arranged into groups of two apertures with each group being displaced from a next group by a panel area (Foster: Fig. 1 shows the heel slots 46 creating a group of two apertures and the toe slots 38 creating a group of two apertures. The two groups are separated by a panel area of the primary plate.).
Regarding claim 18, CanDo in view of Herod further in view of Foster teaches the exercise platform as in claim 12, further comprising an inclination assembly including (1) a base plate having a planar configuration configured to lay flat upon a floor surface and (2) a selector plate extending upwardly from a front edge of said base plate, said selector plate defining a plurality of selector openings each having a configuration complementary to and selectively receiving said neck portion of said primary plate (CanDo: Annotated Figure above with regards to claim 1 shows an inclination assembly having a base plate and a selector plate. The selector plate is shown with a plurality of selector openings that can selectively receive the neck portion of the primary plate.).
Allowable Subject Matter
Claims 11, 17, and 19-20 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.
Claims 10 and 16 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:
Regarding claim 10, CanDo in view of Foster teaches the exercise platform as in claim 9.
Ullman does not teach wherein said selector plate includes a plurality of selection members positioned in said plurality of selector openings, respectively, each selection member being complementary to and selectively received in said slot of said neck opening.
Regarding claim 11, Ullman teaches the exercise platform as in claim 1.
Ullman does not teach further comprising (1) a pair of support members each having a pair of opposed end members coupled to said rear side of said primary plate and (2) a body portion extending between said pair of opposed end members, respectively, said pair of opposed end members being perpendicular to said body portion such that said rear side of said primary plate is displaced from a floor surface.
Claims 17 and 20 depend from claim 11.
Regarding claim 16, Ullman teaches the exercise platform as in claim 15.
Ullman does not teach further comprising (1) a pair of support members each having a pair of opposed end members coupled to said rear surface of said primary plate and (2) a body portion extending between said pair of opposed end members, respectively, said pair of opposed end members being perpendicular to said body portion such that said rear surface of said primary plate is displaced from a floor surface when rested thereon.
Regarding claim 19, CanDo in view of Herod further in view of Foster teaches the exercise platform as in claim 18.
CanDo does not teach wherein said selector plate includes a plurality of selection members positioned in said plurality of selector openings, respectively, each selection member being complementary to and selectively received in said slot of said neck opening.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Catrina A Letterman whose telephone number is (303)297-4297. The examiner can normally be reached Monday - Thursday, 8am - 4pm MT.
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784