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 as a continuation-in-part of application no. 17/697,111 (now U.S. Patent No. 12,246,211) filed 17 March 2022 and to provisional application no. 63/162,813 filed 18 March 2021.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 26 June 2024 has been considered by the examiner.
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):
“wherein the crossmember further comprises a side platform” in claim 13 in view of its dependency on claim 1. The Figures show the crossmember having receptacles on its ends as reference number 150 in at least Figure 11, but the side platform is shown as a completely different structure as reference number 140 in at least Figure 12. The two structures are shown as separate structures, not as the crossmember comprising the side platform.
“a curved area” in claim 17.
No new matter should be entered.
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 1-2, 4, 6-7, 9-10, and 12-16 are objected to because of the following informalities:
Claim 1, line 10, “the protrusion” should read --the respective protrusion--
Claim 2, line 1, “the receptacle at each opposed end” should read --the receptacles at each opposed end--
Claim 4, line 3, “region” should read --regions--
Claim 6, line 1, “a plurality of the upright members” should read --the plurality of upright members--
Claim 7, line 1, “the upright members” should read -- the plurality of upright members--
Claim 9, line 1, “are formed” should read --are each formed--
Claim 9, line 1, “though” should read --through--
Claim 10, line 2, “others” should read --other--
Claim 12, line 1, “The apparatus” should read --The single-handed deployable usage and support apparatus--
Claim 13, line 1, “The apparatus” should read --The single-handed deployable usage and support apparatus--
Claim 14, line 1, “The apparatus” should read --The single-handed deployable usage and support apparatus--
Claim 15, lines 4-5, “a respective upright member” should read --respective upright members of the plurality of upright members--
Claim 15, line 9, “a respective elongated support” should read --a respective elongated support of the pair of elongated supports--
Claim 16, line 1, “the receptacle” should read --the receptacles--
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 1-17 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 “each of at least two of the upright members” in line 8. It is unclear if this limitation is referring to any of the “plurality of upright members,” “first upright member,” or “second upright member” recited previously in the claim.
Claim 2 recite the limitation “The device” in line 1. There is insufficient antecedent basis for this limitation in the claim. Claims 3-11 also recite the limitation “The device” in the preambles of the claims and are found indefinite for the same reasons.
Claim 6 recites the limitation “a plurality of the upright members define an upright frame” in lines 1-2. It is unclear if this limitation is referring to the “exercise support frame defined by a plurality of upright members” recited previously in claim 1, upon which claim 6 depends, or to another, separate frame defined by the upright members.
Claim 8 recites the limitation “a plurality of upright members” in lines 1-2. It is unclear if this limitation is referring to the “plurality of upright members” recited previously in at least claims 1 and 6, upon which claim 8 depends, or to another, separate plurality of upright members.
Claim 9 recites the limitation “the upright” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation “the upright members” in line 2. It is unclear if this limitation is referring to the “plurality of upright members,” “first upright member,” “second upright member,” or “at least two of the upright members” recited previously in claim 1, upon which claim 12 depends, or to another, separate set of upright members.
Claim 12 recites the limitation “horizontal protrusions” in line 3. It is unclear if this limitation is referring to the “protrusion” recited previously in claim 1, upon which claim 12 depends, or to another, separate structure.
Claim 12 recites the limitation “the engaged upright members” in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation “upright members” in line 3. It is unclear if this limitation is referring to the “plurality of upright members,” “first upright member,” “second upright member,” or “at least two of the upright members” recited previously in claim 1, upon which claim 12 depends, or to another, separate set of upright members.
Claim 13 recites the limitation “at least one opposed end” in line 5. It is unclear if this limitation is referring to at least one of the “pair of opposed ends” recited previously in claim 1 or the “opposed ends” recited previously line 3 of claim 13, or to another, separate structure.
Claim 14 recites the limitation “the opposed ends” in lines 1-2. It is unclear which previously recited “opposed ends” this limitation is referring to.
Claim 14 recites the limitations “the respective support member” in line 3 and “the other opposed end” in line 4. There is insufficient antecedent basis for these limitations in the claim.
Claim 15 recites the limitations “the protrusion” in line 10. 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 1-10 and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hummer (US 2007/0049472).
Regarding claim 1, Hummer teaches in an exercise support frame (spotter mechanism 4) defined by a plurality of upright members (vertical uprights 8) extending vertically, a single-handed deployable usage and support apparatus (crossbar 30) for a free weight (dumbbell 12) (Figs. 4, 12: The dumbbell 12 can be deployed single-handedly from the crossbar 30.), comprising:
an elongated, rigid crossmember (crossbar 30) adapted to extend between a first upright member (vertical upright 8) and a second upright member (vertical upright 8) of the plurality of upright members, the crossmember having a pair of opposed ends (Fig. 4); and
a receptacle (sleeves 32) at each opposed end of the pair of opposed ends, the receptacle adapted to engage a protrusion (pin 34) disposed on each of at least two of the upright members at a common height on the respective upright member (Fig. 4), at least one of the receptacles having a downward facing opening and adapted to engage the protrusion via travel in a vertical direction (Figs. 4, 4A show each of the sleeves 32 having a horizontal opening for the protrusion/pin 34 and a vertical opening for the vertical upright 8. The sleeve 32 is adapted to engage the pin 34 when the pin is deployed into one of the apertures 26 as the sleeve 32 is moved up or down in a vertical direction.).
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Regarding claim 2, Hummer teaches the device of claim 1 wherein the receptacle at each opposed end comprises a first receptacle (sleeve 32) at a first opposed end of the pair of opposed ends, and a second receptacle (sleeve 32) at a second opposed end of the pair of opposed ends,
the first receptacle having a horizontally facing opening and adapted to engage the respective protrusion based on travel in a horizontal direction (Fig. 4A shows the sleeve 32 having a horizontal opening for the protrusion/pin 34 wherein the sleeve 32 and the pin 34 engage based on travel of the pin 34 in a horizontal direction.); and
the second receptacle having the downward facing opening for engagement of the respective protrusion from travel in a vertical direction (Figs. 4, 4A show each of the sleeves 32 having a vertical opening for the vertical upright 8. The sleeve 32 is adapted to engage the pin 34 when the pin is deployed into one of the apertures 26 as the sleeve 32 is moved up or down in a vertical direction.).
Regarding claim 3, Hummer teaches the device of claim 1 wherein the crossmember has a horizontal surface (spotters 200) with a horizontally oriented area (horizontal portions 202), the horizontally oriented area defining a surface for accommodating the free weight (Fig. 12 shows spotters 200 on the moveable sleeves 40 shown in Fig. 4.).
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Regarding claim 4, Hummer teaches the device of claim 3 wherein the horizontally oriented area is defined by a plurality of discontinuous planar regions, each planar region of the discontinuous planar region disposed for alignment with a respective weight on the free weight (Fig. 12 shows the horizontal portion 200 having a cutout 206 which creates a discontinuous planar region for alignment with a weight on a dumbbell.).
Regarding claim 5, Hummer teaches the device of claim 4 wherein the discontinuous planar regions have a spacing (cutout 206) based on a handle region of the free weight, the handle region separating respective weights concentrically disposed on a cylindrical bar defining the handle region (Fig. 12. Para. [0113]: “the dumbbell can be positioned over the opening 206 and the dumbbell weights can reside in the position between the cutout and held in a secure position by way of the rim 208.”).
Regarding claim 6, Hummer teaches the device of claim 1 wherein a plurality of the upright members define an upright frame (Fig. 4 shows the vertical uprights 8 defining a frame.), the upright frame adapted for freestanding deployment on a floor surface, the upright frame defining an exercise region (Figs. 4, 12).
Regarding claim 7, Hummer teaches the device of claim 6 wherein the upright members extend from a rectangular base disposed on the floor surface (Figs. 4, 12 show the floor mount pedestals 6 creating a rectangular base.).
Regarding claim 8, Hummer teaches the device of claim 7 wherein the exercise support frame has a plurality of upright members joined by a transverse member (horizontal upright 13) at an upper portion (Fig. 4).
Regarding claim 9, Hummer teaches the device of claim 1 wherein the protrusions are formed from a peg (pin 34) inserted through an aperture (apertures 26) in the upright (Figs. 4, 4A).
Regarding claim 10, Hummer teaches the device of claim 1 wherein each of the protrusions extends horizontally and is vertically aligned with the others of the protrusions (Fig. 4 shows both pins 34 vertically aligned and extending horizontally.).
Regarding claim 12, Hummer teaches the apparatus of claim 1 wherein the crossmember defines a launch platform (spotter 200) removably engaging the upright members (Figs. 4, 12: The spotters 200 can be removed from the crossmember 30 an thus the vertical uprights 8 via the vertical rod 44.), the launch platform engaged in an interference fit with horizontal protrusions extending from the engaged upright members, the launch platform adapted to support the free weight (Fig. 12: The spotter 200 is engaged in an interference fit with the pins 34 via the crossmember 30 and sleeves 32 in as much as Applicant has shown the launch platform having an interference fit with the protrusions [see Fig. 15C of the instant application].).
Regarding claim 13, Hummer teaches the apparatus of claim 1 wherein the crossmember further comprises a side platform (spotter 200) adapted to engage the exercise support frame (Fig. 12: The spotter 200 engages with the frame via crossmember 30.), the side platform defined by a longitudinal surface (horizontal portion 202) and opposed ends adapted to extend between upright members of the exercise support frame, the longitudinal surface having a detachable engagement with a respective upright member at at least one opposed end (Fig. 12 shows the spotters 200 extending between the vertical uprights 8 and being detachable from the vertical uprights via the mounting tubes 210 on their back ends.).
Regarding claim 14, Hummer teaches the apparatus of claim 13 wherein the side platform further comprises a wrap around attachment (sleeve 32), the wrap around attachment extending from one end of the opposed ends for defining an interference fit with a surface of the respective support member, the other opposed end engaged with a respective upright member for vertical support (Fig. 4 shows the sleeves 32 as wrapping around the vertical supports 8 such that they create an interference fit.).
Regarding claim 15, Hummer teaches in an exercise support frame defined by a plurality of upright members (vertical uprights 8) extending vertically, a single-handed deployable usage and support apparatus (crossbar 30) for a free weight (dumbbell 12) (Figs. 4, 12: The dumbbell 12 can be deployed single-handedly from the crossbar 30.), comprising:
a pair of elongated supports (pins 34) extending in parallel from a respective upright member (Figs. 4, 4A show the pins being elongated pins (longer than they are wide) that are in parallel with one another.);
an elongated, rigid crossmember (crossbar 30) adapted to extend between the pair of elongated supports, the crossmember having a pair of opposed ends (Fig. 4); and
a receptacle (sleeves 32) at each opposed end of the pair of opposed ends, the receptacle adapted to engage a respective elongated support, at least one of the receptacles having a downward facing opening and adapted to engage the protrusion via travel in a vertical direction (Figs. 4, 4A show each of the sleeves 32 having a horizontal opening for the protrusion/pin 34 and a vertical opening for the vertical upright 8. The sleeve 32 is adapted to engage the pin 34 when the pin is deployed into one of the apertures 26 as the sleeve 32 is moved up or down in a vertical direction.).
Regarding claim 16, Hummer teaches the apparatus of claim 15 wherein the receptacle at each opposed end comprises:
a first receptacle (sleeve 32) at a first opposed end of the pair of opposed ends, and a second receptacle (sleeve 32) at a second opposed end of the pair of opposed ends (Fig. 4),
the first receptacle having a horizontally facing opening and adapted to engage the respective elongated support based on travel in a horizontal direction (Fig. 4A shows the sleeve 32 having a horizontal opening for the protrusion/pin 34 wherein the sleeve 32 and the pin 34 engage based on travel of the pin 34 in a horizontal direction.); and the second receptacle having the downward facing opening for engagement of the elongated support from travel in a vertical direction (Figs. 4, 4A show each of the sleeves 32 having a vertical opening for the vertical upright 8. The sleeve 32 is adapted to engage the pin 34 when the pin is deployed into one of the apertures 26 as the sleeve 32 is moved up or down in a vertical direction.).
Claims 1-2, 6, and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baker (3,044,633).
Regarding claim 1, Baker teaches in an exercise support frame defined by a plurality of upright members (units 12) extending vertically, a single-handed deployable usage and support apparatus (rail member 13) for a free weight (Fig. 1: The frame comprising the units 12 and rail members 13 can be used to support exercise equipment, such as free weights.), comprising:
an elongated, rigid crossmember (rail member 13) adapted to extend between a first upright member and a second upright member of the plurality of upright members, the crossmember having a pair of opposed ends (Figs. 1, 4); and
a receptacle (connecting elements 28 and 29) at each opposed end of the pair of opposed ends, the receptacle adapted to engage a protrusion (pressed out slot portions 21) disposed on each of at least two of the upright members at a common height on the respective upright member (Figs. 1, 7), at least one of the receptacles having a downward facing opening and adapted to engage the protrusion via travel in a vertical direction (Figs. 4, 7 show the connecting element 28 having a downward facing opening for engagement with the slot portions 21 which protrude from the units 12. The connecting element 28 engages with the slot portions via travel of the connecting element 28 in a vertical direction.)
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Regarding claim 2, Baker teaches the device of claim 1 wherein the receptacle at each opposed end comprises a first receptacle (connecting element 29) at a first opposed end of the pair of opposed ends, and a second receptacle (connecting element 28) at a second opposed end of the pair of opposed ends (Fig. 4),
the first receptacle having a horizontally facing opening and adapted to engage the respective protrusion based on travel in a horizontal direction (See annotated Fig. 4 above with regards to claim 1. The protrusion/slot portion 21 would be engaged with the horizontal opening by moving the rail member 13 horizontally before moving the rail member 13 vertically to push the engaging teeth 32 into the slot portion 21.); and
the second receptacle having the downward facing opening for engagement of the respective protrusion from travel in a vertical direction (See annotated Fig. 4 above with regards to claim 1. The vertical opening would engage with the protrusion/slot portion via travel of the connecting element 28 in a vertical direction.).
Regarding claim 6, Baker teaches the device of claim 1 wherein a plurality of the upright members (units 12) define an upright frame, the upright frame adapted for freestanding deployment on a floor surface, the upright frame defining an exercise region (Fig. 1: The rack defined by the units 12 defines an exercise region in as much as Applicant has described. The rack defines a region for the storage of exercise equipment.).
Regarding claim 10, Baker teaches the device of claim 1 wherein each of the protrusions extends horizontally and is vertically aligned with the others of the protrusions (Figs. 1-2: The slot portions 21 must extend horizontally away from the units 12 for the engaging teeth 32 to slide into them and are shown being vertically aligned with each other such that the rail members 13 are level.).
Regarding claim 11, Baker teaches the device of claim 1 wherein each receptacle is defined by a slot having parallel sides formed in a rigid planar material, each of the parallel sides converging to a semicircular union forming a continuous edge between the parallel sides (Figs. 4, 7 show the connecting elements 28, 29 each having slots defined by parallel sides and semicircular unions forming a continuous edge between the parallel sides.).
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.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over the embodiment shown in Figure 12 of Hummer (US 2007/0049472) as applied to claim 1 above, and further in view of the embodiment shown in Figure 9 of Hummer (US 2007/0049472).
Regarding claim 17, the embodiment shown in Figure 12 of Hummer teaches the apparatus of claim 1 wherein the crossmember has a surface (spotter 200) with a horizontally oriented area (horizontal portion 202), the horizontally oriented area defining a surface for accommodating the free weight (Fig. 12).
The embodiment of Hummer shown in Figure 12 does not teach the surface having a curved area, the curved area adjacent the horizontal area, the curved area extending upward thereby impeding a rolling motion of the free weight disposed thereon.
However, the embodiment of Hummer shown in Figures 9 and 10 teaches a surface with a horizontally oriented area (horizontal surface 182) and a curved area, the horizontally oriented area defining a surface for accommodating the free weight and the curved area adjacent the horizontal area, the curved area extending upward thereby impeding a rolling motion of the free weight disposed thereon (See annotated Fig. 10 below. The curved area prevents the dumbbell from rolling off the back of the spotter 180.).
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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 shape of the spotter in the embodiment shown in Figure 12 of Hummer with the curved area of the spotter in the embodiment shown in Figures 9-10 with the predicted result of providing a backstop that the dumbbell can roll down in order to be placed above the cutout for convenient grasping of the handle by the user (see MPEP 2141(III)).
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