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 .
New Grounds of Rejection
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.
Claims 1-6, 8-18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Voyvodic (US PG Pub. No. 2016/0324233, Nov. 10, 2016) in view of Zaki (US Pat. No. 9,561,397, Feb. 17, 2017).
Voyvodic and Zaki were cited in the PTO- 892 mailed on 10/16/2025.
Regarding claim 1, Voyvodic teaches an lemniscate-like shaped elastic fitness band 10 (see Fig. 1 below and para. [0026]), comprising: two loops of material 16,18 interconnected to one another by a hub 14 (see Fig. 1 below and para. [0026], each of the two loops 16,18 having: a pair of lengths (i.e., length of each loop 16,18, see Fig. 1 below) extending outwardly from the hub 14; and a pair of apexes 20,22 (see Fig. 1 below); wherein the fitness band is configured such that when the fitness band is worn by a user, the hub is positioned between shoulders of the user or within a small of a back of the user (see Figs. 2-4 below), each length of the pair of lengths is located around a bicep and a tricep of a user (see Figs. 2-4 below) such that each length is more proximal to a chest of the user (see Figs. 2-4 below) than the bicep and tricep, a first apex 22 of the pair of apexes is disposed about a left hand of the user (see Fig. 2-3 below and para. [0027]), and a second apex 20 of the pair of apexes is disposed about a right hand of the user (see Fig. 2-3 below and para. [0027]).
PNG
media_image1.png
594
368
media_image1.png
Greyscale
PNG
media_image2.png
513
514
media_image2.png
Greyscale
Voyvodic is silent in explicitly teaching a pair of twist portions coupled to each length in the pair of lengths, wherein the pair of twist portions are each distal of the hub 14.
Zaki, however, in an analogous art teaches an lemniscate-like shaped elastic (see col. 3, lines 27-42) fitness band, comprising: two loops of material interconnected to one another by a hub (generally 14, see Fig. 1 below), each of the two loops having: a pair of lengths (see annotated Fig. 1 below) extending outwardly from the hub 14; a pair of twist portions (see annotated Fig. 1 below) coupled to each length in the pair of lengths, wherein the pair of twist portions are each distal of the hub 14; and an apex (see annotated Fig. 1 below) coupling each twist portion in the pair of twist portions to form the loop of material.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (lengths )][AltContent: textbox (lengths )][AltContent: textbox (apex portion )][AltContent: arrow][AltContent: textbox (twist portion)][AltContent: textbox (twist portion )][AltContent: arrow][AltContent: arrow]
PNG
media_image3.png
369
599
media_image3.png
Greyscale
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 Voyvodic to include a pair of twist portions coupled to each length in the pair of lengths, wherein the pair of twist portions are each distal of the hub 14 as taught by Zaki in order to provide a “figure-8” shape to better be gripped by hands of a user.
Regarding claim 2, Voyvodic as modified by Zaki teaches wherein the two loops of material 16,18 have a rectangular cross-section (see Voyvodic, Fig. 3 above and Zaki, Fig. 1 above)
Regarding claim 3, Voyvodic as modified by Zaki teaches wherein the material is solely a fabric (see Voyvodic, para. [0026], and Zaki, col. 3, lines 27-30).
Regarding claim 4, Voyvodic as modified by Zaki teaches wherein the pair of twist portions dispose the apex in a plane that is substantially perpendicular to a plane in which the hub 14 is located (see Zaki, Fig. 1 above).
Regarding claim 5, Voyvodic as modified by Zaki teaches wherein the pair of twist portions is integral with the pair of lengths (see Voyvodic and Zaki, Fig. 1 above).
Regarding claim 6, Voyvodic as modified by Zaki teaches wherein the hub 14 comprises at least one adhesive (i.e., see Voyvodic, para. [0026], via sewing, bonding, or other means known in the art for joining).
Regarding claim 8, Voyvodic as modified by Zaki teaches wherein the apex comprises at least one of an ergonomic foam and soft compressible cushion (material of band can be compressible and stretchable, see Zaki, col. 3, lines 27-42).
Regarding claim 9, Voyvodic as modified by Zaki teaches wherein at least a portion of the two loops of material has a rectangular cross-section (see Voyvodic, Fig. 3 and Zaki, Fig. 1 above, the straps being rectangular).
Regarding claim 10, Voyvodic teaches a method of using a lemniscate-like shaped elastic fitness band (see Voyvodic, Fig. 1 above), comprising the steps of: expanding two loops 16,18 of material interconnected to one another by a hub 14 (see Fig. 1 above); stretching a pair of lengths (i.e., length of each loop 16,18, see Voyvodic, Fig. 1 above) extending outwardly from the hub 14 (see Figs. 2-3 above and paras. [0026]-[0027]; and pressing an apex 20,22 from the hub 14 (see Voyvodic, para. [0027], and Figs. 2-3, pressing by extending by hands); wherein the material comprises a fabric (see Voyvodic, para. [0026]), the fitness band is configured such that when the fitness band is worn by a user, the hub 14 is positioned between shoulders of the user or within a small of a back of the user (see Voyvodic, Figs. 2-4 above), each length of the pair of lengths is located around a bicep and a tricep of a user (see Voyvodic, Figs. 2-4 above) such that each length is more proximal to a chest of the user (see Voyvodic, Figs. 2-4 above) than the bicep and tricep, a first apex 22 of the pair of apexes is disposed about a left hand of the user (see Figs. 2-4 above and para. [0027]), and a second apex 20 of the pair of apexes is disposed about a right hand of the user (see Figs. 2-4 above and para. [0027]).
Voyvodic is silent in explicitly teaching elongating a pair of twist portions coupled to each length in the pair of lengths, wherein the pair of twist portions are each distal of the hub 14.
Zaki, however, in an analogous art teaches an lemniscate-like shaped elastic (see col. 3, lines 27-42) fitness band, comprising: two loops of material interconnected to one another by a hub (generally 14, see Fig. 1 below), each of the two loops having: a pair of lengths (see annotated Fig. 1 below) extending outwardly from the hub 14; and elongating a pair of twist portions (see Zaki, Fig. 1 above and Fig. 3A below) coupled to each length in the pair of lengths, wherein the pair of twist portions are each distal of the hub 14.
PNG
media_image4.png
616
676
media_image4.png
Greyscale
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 Voyvodic to include twist portions coupled to each length in the pair of lengths, wherein the pair of twist portions are each distal of the hub 14 and elongating the twist portions as taught by Zaki in order to stretch the band to be grasped by hands of the user (see Voyvodic, Figs. 2-3 above).
Regarding claim 11, Voyvodic as modified by Zaki teaches wherein the step of expanding two loops of material 16,18 interconnected to one another by a hub 14 further comprises substantially maintaining the hub 14 in a position during the expansion step (see Voyvodic, Figs. 2-3, paras. [0026]-[0027] and Zaki, Fig. 3A above, col. 4, lines 26-54).
Regarding claim 12, Voyvodic as modified by Zaki teaches wherein the step of stretching a pair of lengths extending outwardly from the hub 14 further comprises substantially maintaining the hub 14 in a position during the stretching step (see Voyvodic, Figs. 2-3, paras. [0026]-[0027] and Zaki, Fig. 3A above, col. 4, lines 26-54).
Regarding claim 13, Voyvodic as modified by Zaki teaches wherein the step of elongating a pair of twist portions coupled to each length in the pair of lengths further comprises substantially maintaining the hub 14 in a position during the elongating step (see Voyvodic, Figs. 2-3, paras. [0026]-[0027] and Zaki, Fig. 3A above, col. 4, lines 26-54).
Regarding claim 14, Voyvodic as modified by Zaki teaches wherein the step of pressing an apex (see annotated Fig. 1 above) coupling each twist portion in the pair of twist portions away from the hub 14 further comprises substantially maintaining the hub 14 in a position during the pressing step (see Voyvodic, Figs. 2-3, paras. [0026]-[0027] and Zaki, Fig. 3A above, col. 4, lines 26-54).
Regarding claim 15, Voyvodic as modified by Zaki teaches wherein the step of stretching a pair of lengths extending outwardly from the hub 14 further comprises substantially maintaining the hub 14 in a position during the stretching step (see Voyvodic, Figs. 2-3, paras. [0026]-[0027] and Zaki, Fig. 3A above, col. 4, lines 26-54).
Regarding claim 16, Voyvodic as modified by Zaki teaches wherein the step of elongating a pair of twist portions coupled to each length in the pair of lengths further comprises substantially maintaining the hub 14 in a position during the elongating step (see Voyvodic, Figs. 2-3, paras. [0026]-[0027] and Zaki, Fig. 3A above, col. 4, lines 26-54).
Regarding claim 17, Voyvodic as modified by Zaki teaches wherein the step of pressing an apex coupling each twist portion in the pair of twist portions away from the hub 14 further comprises substantially maintaining the hub 14 in a position during the pressing step (see Voyvodic, Figs. 2-3, paras. [0026]-[0027] and Zaki, Fig. 3A above, col. 4, lines 26-54).
Regarding claim 18, Voyvodic as modified by Zaki teaches wherein the method is used during a fitness routine of a user (see Voyvodic, Figs. 2-3, paras. [0026]-[0027] and Zaki, col. 4, lines 26-54).
Regarding claim 21, Voyvodic as modified by Zaki teaches wherein the hub 14 comprises at least one adhesive (i.e., see Voyvodic, para. [0026], via sewing, bonding, or other means known in the art for joining).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Voyvodic in view of Zaki, as applied to claims 1 and 10 above, further in view of Hinds (US Pat. No. 6,244,998, June 12, 2001).
Voyvodic as modified by Zaki teaches the invention as substantially claimed.
Regarding claim 19, Voyvodic as modified by Zaki teaches using the exercise device for a variety of exercise routines (i.e., stretching), but is silent in explicitly wherein the fitness routine includes a push-up.
Hinds, however, in an analogous art teaches an elastic fitness band being used for push-up exercise routine, where the elastic band is placed around the shoulders or back (see Hinds, Fig. 1 below)
PNG
media_image5.png
668
680
media_image5.png
Greyscale
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 method of Voyvodic and to use the exercise elastic fitness band during a push-up fitness routine as taught by Hinds in order to exercise different muscles of the body simultaneously while having the elastic band around the shoulders/back of the user.
Regarding claim 20, Voyvodic teaches wherein the fitness routine includes an arm (see Fig. 2-4 above and para. [0027]) or chest exercise.
Response to Arguments
Applicant’s arguments filed on 11/18/2025 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 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).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://w`12ww.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW S LO/Primary Examiner, Art Unit 3784