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 with traverse of the invention directed to Figs. 3-6 in the reply filed on 10/13/2025 is acknowledged. The traversal is on the ground(s) that the identified embodiments are not patentably distinct. This is not found persuasive because the drawings illustrate the embodiments as noted by their distinct structural features.
Figs. 3-6 show an integral push-up trainer with one pair of vertical support members at a first end and a horizontal support member connecting between the middle of the vertical support members, and a second end with second pair of vertical support members and a second horizontal support member connecting between the middle of the second pair of vertical support member
Fig. 7 shows a push-up trainer with one end being 90 degrees with a vertical support member and another end being 120 degrees with another vertical support member.
Figs. 8-9 show a single metal structure embodiment with angled vertical support members
Figs. 10-12 shows a set of two handles, one handle being coupled to extendable arms that extend from first and third vertical support members and horizontal members being either independent or connectable to each other. Figs. 10-12 are directed to the embodiment exemplified in claims 3-6 (i.e., features of the extendable element and connection of the horizontal supports with pins and spring members).
Applicant argues that independent claims 1 is generic to all four embodiment of Figs. 3-12. Claim 1 recites, among other limitations, “the first handle is configured such that when connected to the first vertical support member the angle between the first handle and the first vertical support member is not ninety degrees” and “wherein the second handle is configured such that when connected to the second vertical support member the angle between the second handle and the second vertical support member is not ninety degrees.”
As explained above, the embodiment of Fig. 7 shows a push-up trainer with having two handles, each handle having one end being 90 degrees with a vertical support member and another end being 120 degrees with another vertical support member. Accordingly, independent claim 1 is not generic to all the embodiments. The differences between the embodiments with specificity to the claims were explained above.
The requirement is still deemed proper and is therefore made FINAL.
Applicant elected the embodiment of Figs. 3-6 for prosecution. The limitations recited in claims 3-6 and 13 are NOT shown nor disclosed in the specification with respect to Figs. 3-6. As explained above, claims 3-6 and 13 read on the embodiment shown in Figs. 10-12 for the feature of locking pins and horizontal support members being connectable to each other via locking pins. The features of Figs. 3-6 and 10-12 are mutually exclusive embodiments.
Accordingly, claims 3-6 and 13 have been withdrawn from consideration.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 12 recites wherein the first handle is a bar with an oval cross section which is not found in the specification as originally filed.
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 1-2, 7-12, and 14-18 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 "the second vertical support member" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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, 2, 7-11, and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsu (US Pat. No. 9,717,948, Aug. 1, 2017).
Regarding claim 1, as broadly interpreted, Hsu teaches an apparatus allowing a user to perform a push-up exercise with a hand grip orientation that is similar to the user body orientation, comprising: a first handle 21 (see Figs. 2, 5, 9 and 11 below) configured to connect to a first vertical support member 22; a first horizontal support member 1 configured to connect to the first vertical support member 22 (see Figs. 2 and 5 below), wherein the first handle 21 is configured such that when connected to the first vertical support member 22 the angle between the first handle 21 and the first vertical support member 22 is not ninety degrees (i.e., see Figs. 2 and 5 below where axis intersecting vertical member 22 and handle 21 is not 90 degrees); a second handle (i.e., a second handle 21 of a second push-up bar for both left and right hands of a user, shown in Fig. 11 below) configured to connect to the second vertical support member 22; and a second horizontal support member 1 configured to connect to a second vertical support member 22 (i.e., second handle 21 has a vertical support member 22), wherein the second handle 21 is configured such that when connected to the second vertical support member 22 the angle between the second handle 21 and the second vertical support member 22 is not ninety degrees (i.e., see Figs. 2 and 5 below where axis intersecting vertical member 22 and handle 21 is not 90 degrees).
[AltContent: textbox (3rd / 4th horizontal member )][AltContent: textbox (1st/ 2nd
horizontal member )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st/ 2nd
vertical member )][AltContent: textbox (0 degrees)][AltContent: connector][AltContent: arrow][AltContent: textbox (3rd / 4th vertical member )][AltContent: textbox (0 degrees)][AltContent: textbox (90 degrees)][AltContent: connector][AltContent: connector][AltContent: connector]
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Regarding claim 2, as broadly interpreted, Hsu teaches wherein the first vertical support 22 member includes a first extendable element 221 (i.e., the extendable element is extendable from a slot 121), and wherein the second vertical support member 22 includes a second extendable element 221 (i.e., the extendable element is extendable from a slot 121).
Regarding claim 7, Hsu teaches wherein the first handle 21 is wrapped in a padding material 211 (see Fig. 2 and 5 above and col. 4, lines 30-33), and wherein the second handle 21 is wrapped in the padding material 211.
Regarding claim 8, Hsu teaches wherein the padding material includes a foam material (see col. 4, lines 30-33)
Regarding claim 9, Hsu teaches wherein the padding material includes a rubber material (see col. 4, lines 30-33).
Regarding claim 10, Hsu teaches wherein the padding material is configured to be replaceable (i.e., Hsu teaches that the padding 211 is mounted on the handle 21, and thus can be removed and another placed on the handle 21, see col. 4, lines 30-33).
Regarding claim 11, Hsu teaches wherein the first handle 21 is a bar with a circular cross section (i.e., cross section of a cylindrical bar being circular).
Regarding claim 14, Hsu teaches wherein the first handle 21, the first vertical support member 22, the first horizontal support member 1, the second handle (i.e., a second handle 21 of a second push-up bar for both left and right hands of a user, shown in Fig. 11 above), the second vertical support member 22, and the second horizontal support member 1 are constructed using metal, wood, or plastic materials (see col. 3, lines 15-19, 30-32).
Regarding claim 15, Hsu teaches further comprising: a third vertical support member (see annotated Fig. 5 above) configured to connect to the first handle 21; wherein the first horizontal support member 1 is configured to connect to the third vertical support member (i.e., support member 1 is configured to connect to the first vertical support member 21 and the third vertical support member because support member 1 is interchangeable and the device includes two horizontal support members 1 for each handle 21), and wherein the first handle 21 is configured such that when connected to the third vertical support member the angle between the first handle21 and the third vertical support member is not ninety degrees (see annotated Fig. 5 above); a fourth vertical support member (see annotated Fig. 5 above) configured to connect to the second handle 21 (i.e., a second handle 21 of a second push-up bar for both left and right hands of a user, shown in Fig. 11 above); wherein the second horizontal support member 1 is configured to connect to the fourth vertical support member (see annotated Fig. 5 above), and wherein the second handle 21 is configured such that when connected to the fourth vertical support member the angle between the second handle and the fourth vertical support member is not ninety degrees (see annotated Fig. 5 above).
Regarding claim 16, Hsu teaches further comprising: a third horizontal support member 1 configured to connect to the third vertical support member; and a fourth horizontal support 1 member configured to connect to the fourth vertical support member (i.e., as shown in Fig. 5 and 11 above, each vertical member of a respective handle 21 is connected to a respective horizontal support member 1).
Regarding claim 17, Hsu teaches wherein the first horizontal support member 1 is configured to connect to the third horizontal support member 1 (i.e., as shown in Fig. 5 above, the first horizontal support member 1 is indirectly connected to the third horizontal support member 1 via the handle 21 and vertical support members), and wherein the second horizontal support member 1 is configured to connect to the fourth horizontal support member 1 (i.e., as shown in Fig. 5 above, the second horizontal support member 1 is indirectly connected to the fourth horizontal support member 1 via the handle 21 and vertical support members of a second device).
Regarding claim 18, Hsu teaches wherein the first vertical support member 22 is configured to connect to the third vertical support member (i.e., as shown in Fig. 5 above, the first vertical support member 22 is connected to the third vertical support member via the handle 21), and wherein the second vertical support member 22 is configured to connect to the fourth vertical support member (i.e., as shown in Fig. 5 above, the second vertical support member 22 is connected to the fourth vertical support member via the handle 21 of a second device).
Claim Rejections - 35 USC § 103
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hsu, as applied to claim 1 above, in view of Sprague (US Pat. No. 8,088,052, Jan. 3, 2012).
Hsu teaches the invention as substantially claimed
Regarding claim 12, Hsu teaches that the handle 21 is a bar, but is silent in explicitly teaching wherein the first handle 21 is a bar with an oval cross section.
Sprague, however, in an analogous art teaches a push-up bar 16 having an oval cross section (see Fig. 2 below and col. 5, lines 55-59).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Sprague such that the handle 21 has an oval cross section as taught by Sprauge as an alternatively shaped grip.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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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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/ANDREW S LO/Primary Examiner, Art Unit 3784