LEVEL BAR

DETAILED ACTION This Office Action is in response to the amendment filed 01/28/2026. Claims 1-20 are acknowledged as pending in this application with claims 1, 2, 7, 8, 10, 12, 13, 14, and 15 being currently amended. The objections and rejections of the previous action are withdrawn as having been overcome by the amendment. New rejections necessitated by the amendment are presented below. Claim Objections Claims 8 and 16 are objected to because of the following informalities: “leveling assembly” should be “level assembly”. Appropriate correction is required. 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(s) 1-7 and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasabdji Raffensperger (US 2020/0009442) in view of Anderson (US 2012/0094810). Regarding claim 1, Kasabdji Raffensperger teaches a level barbell (110) comprising: a shaft, the shaft being an elongated cylindrical member having: a longitudinal axis defining its length, and a first end spaced apart and opposed to a second end [0019], wherein the shaft further includes a middle portion, the middle portion being positioned between the first and second ends (see annotated figure below), and wherein the middle portion defines a cavity (groove receiving indicator 130, see [0031]), the cavity being positioned at a central point in the middle portion (as shown in Fig. 1), and wherein a level assembly (130) is positioned within an interior area of the cavity. PNG media_image1.png 698 670 media_image1.png Greyscale Kasabdji Raffensperger does not specifically disclose bearings facilitating rotation of sleeve assemblies. Anderson teaches a barbell with bearings that facilitate the free rotational movement of sleeve assemblies about the shaft during use of the barbell [0008]. 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 device taught by Kasabdji Raffensperger by including bearings and rotating sleeves, as taught by Anderson, in order to reduce destabilizing torque during lifting, thus reducing the risk of injury to the user (see Anderson, [0008]). Regarding claim 2, Kasabdji Raffensperger in view of Anderson teaches the first sleeve assembly the first sleeve assembly is affixed to the first end of the shaft (Anderson [0008]). Regarding claim 3, Kasabdji Raffensperger in view of Anderson teaches he first sleeve assembly being affixed to the shaft first end such that the first sleeve assembly is freely rotatable around the shaft (Anderson [0008]) Regarding claim 4, Kasabdji Raffensperger in view of Anderson teaches a second sleeve assembly, wherein the second sleeve assembly is affixed to the second end of the shaft (Anderson [0008]) Regarding claim 5, Kasabdji Raffensperger in view of Anderson teaches the second sleeve assembly being affixed to the shaft second end such that the second sleeve assembly is freely rotatable around the shaft (Anderson [0008]) Regarding claim 6, Kasabdji Raffensperger teaches the cavity is positioned in a first surface of the middle portion, wherein the cavity extends away from the first surface towards an opposing middle portion surface, and wherein the cavity extends in a direction that is substantially perpendicular to the shaft's longitudinal axis (see shape of groove receiving 130 in annotated figure above, also [0031]). Regarding claim 7, Kasabdji Raffensperger teaches the void area extends from first surface to an inner portion of the shaft [0031]. Regarding claim 10, Kasabdji Raffensperger teaches the level assembly is viewable by a user performing an exercise from a first surface of the shaft middle portion [0006]. Regarding claim 11, Kasabdji Raffensperger teaches the exercise is weight training such that the user performs an effort against an opposing force, such as gravity acting on one or more weights [0020. Regarding claim 12, Kasabdji Raffensperger teaches a method of exercise, the method comprising: positioning a user near a middle portion of a level barbell such that the user is presented with gripping area in the middle portion of the level barbell; gripping the middle portion of the level barbell by the user (see annotated figure above); viewing a level assembly (130) by the user, the level assembly being located at a center point along a level barbell's shaft, wherein the user employs the level assembly to adjust one or more orientation of the level barbell; positioning the level barbell in a level orientation; exerting an effort against an opposing force by the user, such as gravity acting on the level barbell, moving the level bar from a fist position to a second position, while maintaining the level orientation (see discussion of use in at least paragraphs [0005-0008], [0021]).. Kasabdji Raffensperger does not specifically disclose allowing a sleeve assembly to freely rotate about the shaft via bearings during said moving step. Anderson teaches performing lifting exercises using a barbell with bearings that facilitate the free rotational movement of sleeve assemblies about the shaft during use of the barbell [0008]. 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 method taught by Kasabdji Raffensperger by including the rotation taught by Anderson in order to reduce destabilizing torque during lifting, thus reducing the risk of injury to the user (see Anderson, [0008]) Regarding claim 13, Kasabdji Raffensperger in view of Anderson teaches the step of mounting one or more weight plates to the sleeve assembly level barbell (Anderson [0008]). Regarding claim 14, Kasabdji Raffensperger teaches the level barbell comprises: a shaft, the shaft being an elongated cylindrical member having: a longitudinal axis defining its length, and a first end spaced apart and opposed to a second end [0019], wherein the shaft further includes a middle portion, the middle portion being positioned between the first and second ends (see annotated figure above), and wherein the middle portion defines a cavity, the cavity being positioned at a central point in the middle portion (groove receiving indicator 130, discussed at [0031], see annotated figure above). Regarding claim 15, Kasabdji Raffensperger teaches wherein the level assembly is positioned within an interior area defined by the cavity [0031]. 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(s) 8-9 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasabdji Raffensperger (US 2020/0009442) in view of in view of Anderson (US 2012/0094810) as applied to claims 2 and 15 above, and further in view of Strother (US 4,888,875). Regarding claims 8 and 16, Kasabdji Raffensperger teaches the leveling assembly further comprising: a vial [0060]; and one or more guidelines (230, 240), the guidelines being located on an outer surface of the vial. Kasabdji Raffensperger appears to further depict guidelines (vertical lines in Fig. 1) extending around the circumference of the outer surface area in a direction that is substantially perpendicular to the shaft's longitudinal axis, but does not specifically describe these lines. Strother teaches a level barbell comprising a vial (20) and one or more guidelines (23), the guidelines being located on an outer surface of the vial, and wherein the guidelines extend around the circumference of the outer surface area in a direction that is substantially perpendicular to the shaft's longitudinal axis. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the device and method taught by Kasabdji Raffensperger by providing the guidelines as extending around the circumference of the outer surface area in a direction that is substantially perpendicular to the shaft's longitudinal axis, as taught by Strother, in order to allow the level to be easily viewable from multiple angles. Such a modification involves the mere substitution of one known guideline style for another to yield predictable results which fail to distinguish the invention over the prior art. Regarding claims 9 and 17, Kasabdji Raffensperger teaches the vial being formed from an optically transparent material, such that a user is able to view a bubble within an amount of fluid contained in the vial [0006]. Regarding claim 18, Kasabdji Raffensperger teaches the level assembly is viewable by a user performing an exercise from a first surface of the shaft middle portion [0006]. Regarding claim 19, Kasabdji Raffensperger teaches the level orientation is defined by the level barbell's longitudinal axis being substantially parallel with a surface, and wherein the surface is the ground [0027]. Regarding claim 20, Kasabdji Raffensperger teaches positioning the level barbell in a level orientation comprises: making adjustments to level barbell with respect to the one or more orientation [0006]; causing a bubble (220) to move to in a position between first and second guidelines, wherein when the bubble is substantially positioned between a first and second guidelines, the level barbell is in its level orientation [0027-0028]. Response to Arguments Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER ROBERTSON whose telephone number is (571)272-5001. The examiner can normally be reached Monday-Friday, 7am to 4pm PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. JENNIFER ROBERTSON Supervisory Patent Examiner Art Unit 3791 /JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791