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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 have been examined.
Response to Arguments
Applicant’s arguments with respect to the claims 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.
Claim Rejections - 35 USC § 103
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Auguste (US Patent Application Publication 2020/0121972) in view of Bruback (US Patent Application Publication 2007/0099774).
1-3 and 6-7. Auguste discloses a boxing performance improvement assembly for improving the hand speed of a boxer, said assembly comprising:
a strap (10) having a pocket (Fig 4) applied to said strap wherein said strap is configured to be wrapped around a wrist of a boxing glove;
a weight (36) insertable into said pocket, each weight being comprised of a sufficiently dense material such that said weight has a weight of at least 55.0 grams thereby facilitating said plurality of weights to impart a total weight of at least 1.0 kg to said strap (Par. 0022); and
a tracking unit (38) being insertable into the strap (Figs 1 and 4), said tracking unit including a motion sensing element (44) thereby facilitating said tracking unit to sense the speed at which said tracking unit is traveling wherein said tracking unit is configured to sense the velocity of the strikes delivered by the boxer, said tracking unit being in remote communication with an extrinsic electronic device (40) thereby facilitating said extrinsic electronic device to receive velocity data from said motion sensing element for subsequent analysis wherein said tracking unit is configured to facilitate the boxer to analyze the performance of their striking abilities for training purposes (Par. 0024 and 0026).
However, while Auguste discloses the use of a weight insertable into an internal pocket, Auguste does not explicitly disclose the use of a plurality of weights and corresponding pockets distributed along said strap spaced from a first end and a second end of said strap, wherein each of said plurality of pockets has a top wall and a perimeter wall extending downwardly from said top wall; said perimeter wall of each of said plurality of pockets has a lower edge being attached to a top surface of said strap; said plurality of pockets is evenly spaced apart from each other and is distributed along said strap such that said plurality of pockets is spaced from a first end of said strap and a second end of said strap; said perimeter wall of each of said plurality of pockets has a top side being open into an interior of said pockets; each of said plurality of pockets includes a flap which is foldable over said top side having said flap resting on said top wall of said pocket to which said flap is attached for closing said top side of said perimeter wall of said pocket to which said flap is attached; said assembly includes a first fastener being attached to said top surface of said strap at a point located adjacent to said first end of said strap; said assembly includes a second fastener being attached to a bottom surface of said strap at a point located adjacent to said second end of said strap; and said first fastener is releasably matable to said second fastener for forming said strap into a closed loop wherein said strap is configured to be retained around the wrist of the boxing glove and further wherein said assembly includes a plurality of first couplers; each of said plurality of first couplers is attached to an upper surface of said top wall of a respective one of said plurality of pockets; each of said plurality of first couplers is positioned adjacent to said top side of said perimeter wall of said respective pocket; said assembly includes a plurality of second couplers; each of said plurality of second couplers is attached to a lower surface of said flap of a respective one of said plurality of pockets; and each of said plurality of second couplers is releasably matable to said first coupler on a respective one of said plurality of pockets for securing said flap on said respective pocket in a closed position.
Bruback teaches a similar exercise belt which can be secured around a user’s arm (Par. 0085) using fasteners (61-62 and 68-69) and wherein the belt has a plurality of pockets (17) mounted thereon distributed along said strap spaced from a first end and a second end of said strap. The pockets are evenly arranged relative to one another and are defined by three perimeter walls and an open top portion for selectively accommodating weights (31) or other personal items of a user (Par. 0051) and a flap (32) which closes the open top portion and can be secured to the pocket in a water tight manner (e.g. flap 32 is securely fastened to the body of the pocket in such a way to close and seal the pocket; Par. 0053). This system allows the weights to be selectively added thereto in variable quantities and at variously positioned points over the said garment, so as to create a resistance that varies in amount and/or positioning as a function of the type of effort to be exerted and of the muscle fascia to be stressed (Par. 0052). Bruback also discloses that an alternative form of belt can have a single internal cavity (21; Fig 3) in which weight(s) may be placed. In other words, Auguste discloses the claimed invention except using a single pocket instead of a plurality of pockets and Bruback shows that using a single internal pocket or multiple external pockets are equivalent structures known in the art. Inasmuch as the references disclose these elements as art recognized equivalents, it would have been obvious to one of ordinary skill in the exercise art to substitute one for the other. In re Fout, 675 F.2d 297, 301, 213 USPQ 532, 536 (CCPA 1982). Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the belt arrangement of Auguste to have multiple pockets in which removeable weights and other items may be placed as taught by Bruback to allow a user to vary the amount of resistance applied to the strap, providing a variance of difficulty to a user as well as providing a pocket to house other personal items, such as a tracking unit.
4. Auguste discloses the assembly according to claim 1, wherein said tracking unit comprises:
a housing being insertable into a respective one of said plurality of pockets;
a control circuit being integrated into said housing; and
an accelerometer being integrated into said housing such that said accelerometer defines said motion sensing element of said tracking unit wherein said accelerometer is configured to sense acceleration and deceleration of the boxing glove when said strap is positioned around the wrist of the boxing glove, said accelerometer being electrically coupled to said control circuit (Par. 0024; Fig 7).
5. Auguste discloses the assembly according to claim 4, wherein:
said tracking unit includes a transmitter (46) being integrated into said housing;
said transmitter is electrically coupled to said control circuit such that said transmitter receives motion data from said accelerometer;
said transmitter is in wireless communication with said extrinsic electronic device thereby facilitating said transmitter to broadcast said motion data to said extrinsic electronic device for subsequent analysis (Par. 0024; Fig 7);
said tracking unit includes a power supply (48) being integrated into said housing;
said power supply is electrically coupled to said control circuit (Par. 0024; Fig 7);
said power supply comprises at least one battery; and said power supply is electrically coupled to said control circuit (Par. 0024; Fig 7).
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 JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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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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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 12/10/2025