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 to provisional application no. 63/500,256 filed 04 May 2023.
Response to Amendment
The claim objections have been obviated in view of Applicant’s amendments filed 27 January 2026.
The rejections of claims 4-6, 9-13, 18, and 20 under 35 U.S.C. 112(b) have been obviated in view of Applicant’s amendments filed 27 January 2026 and are withdrawn.
Claims 2-4 and 16 have been canceled. New claims 21-24 have been added.
Claims 1, 5-15, and 17-24 are still pending. An action on the merits follows.
Claim Objections
Claim 18 is objected to because of the following informalities:
Line 3, “comprising a” should read --from a--
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 11-13, 18, 20, and 23 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 11 recites the limitation “an adjustment pin” in line 2. It is unclear if this limitation is referring to the same “adjustment pin” recited previously in claim 1, or to another, separate structure.
Claim 18 recites the limitation “the light dumbbell configuration” in line 6. There is insufficient antecedent basis for this limitation in the claim. It is further unclear if the “light dumbbell configuration” is one of the “plurality of configurations.”
Claim 20 recites the limitation “the second total weight’ in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation “wherein the plurality of configurations comprise a light, a medium, and a heavy dumbbell configuration” in lines 1-2. It is unclear if these configurations are referring to the “light dumbbell configuration,” “first configuration,” and “second configuration” previously recited in claim 18, or to other, separate configurations. If the limitation of claim 23 is an additional configuration.
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, 5, and 19-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schuur (US 1,524,888).
Regarding claim 1, Schuur teaches an apparatus comprising:
a handle (hand bar portion 1) having a center portion, a first end and a second end (Fig. 1 shows the hand bar 1 having a center and two ends.); and
a bell attached on each of the first end and the second end, respectively, each bell comprising:
a housing (hemispherical sections 4, 5) (Fig. 2 shows the sections 4, 5 creating a housing for the weights 11.);
at least one removable weight (weights 11) adapted to fit in an interior of the housing (Fig. 2);
an indentation (recess 8) formed on an exterior surface of the housing (Fig. 2); and
an adjustment pin (spindle 2) adapted to hold the at least one removable weight inside the housing and comprising a cap (clamping nut 9) adapted to fit flush within the indentation of the exterior surface of the housing resulting in a substantially seamless exterior surface (Fig. 2 shows the clamp 9 flush within the recess 8 resulting in a substantially seamless exterior surface of the housing 4, 5. The spindle 2 is a long metal pin that is configured to hold the removable weights 11 in place in the housing 4, 5.).
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Regarding claim 5, Schuur teaches the apparatus of claim 1, wherein the cap is configured to be rotatable within the indentation between a first position where the cap fits within the indentation and a second position where at least a portion of the cap extends beyond the indentation to facilitate removal of the adjustment pin (Lines 52-55: “The outer section 5 has a recess 8 adapted to receive the clamping nut 9 threaded upon the end of the spindle 2.” The threading of the clamping nut would require it be rotated in order to be removed. When the clamping nut 9 is rotated to a first position, the clamping nut 9 is within the recess 8 and flush with the housing. When the clamping nut 9 is rotated to a second position, where it is removed from the spindle 2, it is beyond the recess 8 and the spindle 2 can be removed from the housing.).
Regarding claim 19, Schuur teaches a method comprising:
providing an adjustable dumbbell comprising a handle (hand bar portion 1) having a center portion, a first end and a second end (Fig. 1 shows the hand bar 1 having a center and two ends.), and a bell attached on each of the first end and the second end, respectively (Lines 10-11: “The main object of this invention is to provide an improved dumb bell.”), each bell comprising a housing (hemispherical sections 4, 5) having an interior surface and an exterior surface (Fig. 2 shows the sections 4, 5 creating a housing for the weights.), with an indentation (recess 8) formed on the exterior surface, the two bells and the handle having a first total weight (The two ends and the handle of the dumbbell would have a first weight.);
positioning an intermediate weight (weight 11) having an exterior surface adapted to securely fit inside the interior surface of the housing, inside the housing (Fig. 2 shows multiple intermediate weight 11 secured inside the interior of the housing 4, 5.); and
placing an adjustment pin (spindle 2) through a portion of the housing and the intermediate weight to secure the intermediate weight therein, wherein the adjustment pin comprises a cap (clamping nut 9) adapted to fit within the indentation and flush to the exterior surface of the housing (Fig. 2 shows the clamp 9 flush within the recess 8 resulting in a substantially seamless exterior surface of the housing 4, 5. The spindle 2 is a long metal pin that is configured to hold the removable weights 11 in place in the housing 4, 5.).
Regarding claim 20, Schuur teaches the method of claim 19 further comprising:
removing the adjustment pin; and
removing the intermediate weight from the housing;
wherein the handle and the two bells has the first total weight, which is lighter than the second total weight (Fig. 2: The weights 11 can be removed from the housing 4, 5 when the spindle 2 is removed. Removing weights 11 from the housing would make the dumbbell lighter.).
Regarding claim 21, Schuur teaches the method of claim 19 further comprising:
rotating the cap within the indentation between a first position where the cap fits within the indentation and a second position where at least a portion of the cap extends beyond the indentation to facilitate placement of the adjustment pin (Lines 52-55: “The outer section 5 has a recess 8 adapted to receive the clamping nut 9 threaded upon the end of the spindle 2.” The threading of the clamping nut would require it be rotated in order to be removed. When the clamping nut 9 is rotated to a first position, the clamping nut 9 is within the recess 8 and flush with the housing. When the clamping nut 9 is rotated to a second position, where it is removed from the spindle 2, it is beyond the recess 8 and the spindle 2 can be removed from the housing.).
Regarding claim 22, Schuur teaches the method of claim 19, wherein the handle and the two bells, including the intermediate weight, has a second total weight that is larger than the first total weight (Fig. 2: When the housing 4, 5 has a weight 11 in it, the dumbbell would be heavier than without the weight 11.).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Schuur (US 1,524,888) as applied to claim 1 above, and further in view of Ripley (US 7,011,611).
Regarding claim 6, Schuur teaches the apparatus of claim 1.
Schuur does not teach wherein the indentation or the cap comprises at least one magnet and the other of the indentation or the cap comprises a magnet and/or a ferromagnetic material; and wherein the at least one magnet is configured to maintain the adjustment pin in position.
However, in a similar field of endeavor, Ripley teaches an adjustable weight dumbbell (dumbbell assembly 10) comprising a handle (handle 60) and a plurality of removable weights (weights 20, 30, 40, 50), wherein an adjustment pin (pin 80) comprising a cap (stop 82) is configured to hold the plurality of weights to the handle (Fig. 1), wherein the cap comprises a magnet; and the magnet is configured to maintain the adjustment pin in position (Col. 3, lines 43-49: “pin 80 having a stop 82 which may be magnetic for stopping the pin 80 from being removed from the apertures in the weights and the handles.”).
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 cap of Schuur by making it magnetic, as taught by Ripley. One of ordinary skill in the art would have been motivated to make this modification in order to “[stop] the pin from being removed from the apertures,” as suggested by Ripley (Col. 3, lines 43-49).
The combination of Schuur and Ripley teaches wherein the indentation comprises a magnet and/or a ferromagnetic material. That is, by modifying the pin to be magnetic such that the position of the adjustment pin is maintained in position, the recess 8 must be magnetic in order to prevent the pin from being removed.
Claims 1, 5, 14-15, and 17-23 are rejected under 35 U.S.C. 103 as being unpatentable over Shalvi et al. (US 2017/0259107, hereinafter Shalvi) in view of Anderson (US 2022/0105381).
Regarding claim 1, Shalvi teaches an apparatus comprising:
a handle (shaft 101) having a center portion, a first end and a second end (Figs. 1, 2); and
a bell attached on each of the first end and the second end, respectively, each bell comprising:
a housing (large weight plates 102a, 102b);
at least one removable weight (middle weight plates 103a, 103b) adapted to fit in an interior of the housing (Figs. 1, 2 show the large weight plates 102a, 102b acting as housings for the middle weight plates 103a, 103b and the small weight plates 104a, 104b.);
an adjustment pin (securing component 201) adapted to hold the at least one removable weight inside the housing and comprising a cap (Fig. 2 shows the securing component 201 having a cap.).
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Shalvi does not teach an indentation formed on an exterior surface of the housing; and wherein the cap of the adjustment pin is adapted to fit flush within the indentation of the exterior surface of the housing resulting in a substantially seamless exterior surface.
However, in a similar field of endeavor, Anderson teaches an apparatus comprising a handle and a bell, wherein the bell comprises a housing (recessed portion 204 and plate 202a) (The plate 202a is broadly interpreted as a cover of the housing. That is, the plate 202a and the housing created by the bell are interpreted as components of the housing.), an indentation formed on an exterior surface of the housing (Fig. 2 shows an indentation formed on an exterior surface of the plate 202a which is a component of the housing.); and an adjustment pin (locking mechanism 206) comprising a cap adapted to fit flush within the indentation of the exterior surface of the housing resulting in a substantially seamless exterior surface (Fig. 2 shows the locking mechanism 206 having a cap. The indentation and the cap are similarly sized such that the cap would fit flush within the indentation which would result in a substantially seamless exterior surface.).
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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 apparatus of Shalvi by including the cover plate and modifying the cap of the adjustment pin to be flush with the cover plate, as taught by Anderson. One of ordinary skill in the art would have been motivated to make this modification for safety in order to further prevent the weight plates from falling out of the housing and for durability in order to prevent dust and debris from becoming lodged between the weight plates within the housing (see MPEP 2141(III)).
Regarding claim 5, the combination of Shalvi and Anderson as discussed above teaches the apparatus of claim 1, wherein the cap is configured to be rotatable within the indentation between a first position where the cap fits within the indentation and a second position where at least a portion of the cap extends beyond the indentation to facilitate removal of the adjustment pin (Shalvi: Fig. 2: The securing component 201 is a screw which is rotatable by the user. By modifying Shalvi with the cap and cover plate of Anderson, when secured to the weight plates in a first position, the securing component/pin 201 would fit within the indentation of the cover plate. When rotated by the user to be loosened, the securing component/pin 201 would extend beyond the indentation of the cover plate in order to remove the pin.).
Regarding claim 14, Shalvi teaches an adjustable dumbbell comprising:
a handle (shaft 101) having a center portion, a first end and a second end (Figs. 1, 2); and
a bell attached on each of the first end and the second end, respectively, each bell comprising:
a housing (large weight plates 102a, 102b) comprising an interior surface and an exterior surface (Fig. 2);
an intermediate weight (middle weight plates 103a, 103b) having an exterior surface adapted to securely fit inside the interior surface of the housing; and
an inner weight (small weight plates 104a, 104b) having an exterior surface adapted to securely fit inside an interior of the intermediate weight (Figs. 1, 2 show the large weight plates 102a, 102b acting as housings for the middle weight plates 103a, 103b and the small weight plates 104a, 104b. The weight plates are shown nested within each other.);
an adjustment pin (securing component 201) adapted to secure the intermediate weight and/or the inner weight when positioned inside the housing, the adjustment pin comprising a cap (Fig. 2 shows the securing component 201 having a cap. The securing component 201 is configured to secure the weights 103, 104 within the weight/housing 102.).
Shalvi does not teach the housing having an indentation formed on the exterior surface; wherein the cap of the adjustment pin is adapted to fit within the indentation and flush with the exterior surface of the housing resulting in a substantially seamless exterior surface.
However, in a similar field of endeavor, Anderson teaches an apparatus comprising a handle and a bell, wherein the bell comprises a housing (recessed portion 204 and plate 202a) (The plate 202a is broadly interpreted as a cover of the housing. That is, the plate 202a and the housing created by the bell are interpreted as components of the housing.), an indentation formed on an exterior surface of the housing (Fig. 2 shows an indentation formed on an exterior surface of the plate 202a which is a component of the housing.); and an adjustment pin (locking mechanism 206) comprising a cap adapted to fit flush within the indentation of the exterior surface of the housing resulting in a substantially seamless exterior surface (Fig. 2 shows the locking mechanism 206 having a cap. The indentation and the cap are similarly sized such that the cap would fit flush within the indentation which would result in a substantially seamless exterior surface.).
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 apparatus of Shalvi by including the cover plate and modifying the cap of the adjustment pin to be flush with the cover plate, as taught by Anderson. One of ordinary skill in the art would have been motivated to make this modification for safety in order to further prevent the weight plates from falling out of the housing and for durability in order to prevent dust and debris from becoming lodged between the weight plates within the housing (see MPEP 2141(III)).
Regarding claim 15, Shalvi in view of Anderson teaches the adjustable dumbbell of claim 14, wherein a hole is formed in each of the housing, the intermediate weight, and the inner weight, and wherein each hole is aligned during nesting (Shalvi: Fig. 5 shows each of the weight plates having a hole. Fig. 2 shows wherein each of those holes are aligned.).
Regarding claim 17, the combination of Shalvi and Anderson as discussed above teaches the adjustable dumbbell of claim 14,
wherein the cap is configured to be rotatable within the indentation between a first position where the cap fits within the indentation and a second position where at least a portion of the cap extends beyond the indentation to facilitate removal of the adjustment pin (Shalvi: Fig. 2: The securing component 201 is a screw which is rotatable by the user. By modifying Shalvi with the cap and cover plate of Anderson, when secured to the weight plates in a first position, the securing component/pin 201 would fit within the indentation of the cover plate. When rotated by the user to be loosened, the securing component/pin 201 would extend beyond the indentation of the cover plate in order to remove the pin.).
Regarding claim 18, Shalvi in view of Anderson teaches a method for using the adjustable dumbbell of claim 14, comprising:
selecting a dumbbell configuration comprising a plurality of configurations; and
implementing the selected dumbbell configuration;
wherein the light dumbbell configuration comprises the housing being empty;
wherein a first in the plurality of configurations comprises the housing with the intermediate weight positioned inside; and
wherein a second configuration in the plurality of configurations comprises the housing with the intermediate weight positioned inside, and the inner weight positioned inside the intermediate weight (Shalvi: Para. [0060]: “Each weight plate is suitable to be connected to shaft 101 separately, and each weight plate is suitable to be housed inside a larger weight plate, for example, small weight plate 104a can be housed inside middle weight plate 103a or inside large weight plate 102a.” Figs. 2-4 show wherein the weight plates 102a, 103a, 104a are configurable in different weight configurations. The dumbbell can be configured with just weight plate/housing 102a as the “lightest” configuration.).
Regarding claim 19, Shalvi teaches a method comprising:
providing an adjustable dumbbell comprising a handle (shaft 101) having a center portion, a first end and a second end, and a bell attached on each of the first end and the second end, respectively, each bell comprising a housing (large weight plates 102a, 102b) having an interior surface and an exterior surface (Fig. 2 shows the large weight plates 102a, 102b having an exterior and an interior surface. The interior surface are configured to house the weights plates 103, 104.), the two bells and the handle having a first total weight (Fig. 1: The large weight plates 102a, 102b and the shaft 101 would have a first weight.);
positioning an intermediate weight (middle weight plate 103a) having an exterior surface adapted to securely fit inside the interior surface of the housing, inside the housing (Fig. 2); and
placing an adjustment pin (securing component/pin 201) through a portion of the housing and the intermediate weight to secure the intermediate weight therein, wherein the adjustment pin comprises a cap (Fig. 2 shows the securing component 201 having a cap. The securing component 201 is configured to secure the weights 103, 104 within the weight/housing 102.).
Shalvi does not teach the housing having an indentation formed on the exterior surface; wherein the cap of the adjustment pin is adapted to fit within the indentation and flush to the exterior surface of the housing.
However, in a similar field of endeavor, Anderson teaches an apparatus comprising a handle and a bell, wherein the bell comprises a housing (recessed portion 204 and plate 202a) (The plate 202a is broadly interpreted as a cover of the housing. That is, the plate 202a and the housing created by the bell are interpreted as components of the housing.), an indentation formed on an exterior surface of the housing (Fig. 2 shows an indentation formed on an exterior surface of the plate 202a which is a component of the housing.); and an adjustment pin (locking mechanism 206) comprising a cap adapted to fit flush within the indentation of the exterior surface of the housing resulting in a substantially seamless exterior surface (Fig. 2 shows the locking mechanism 206 having a cap. The indentation and the cap are similarly sized such that the cap would fit flush within the indentation which would result in a substantially seamless exterior surface.).
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 apparatus of Shalvi by including the cover plate and modifying the cap of the adjustment pin to be flush with the cover plate, as taught by Anderson. One of ordinary skill in the art would have been motivated to make this modification for safety in order to further prevent the weight plates from falling out of the housing and for durability in order to prevent dust and debris from becoming lodged between the weight plates within the housing (see MPEP 2141(III)).
Regarding claim 20, Shalvi in view of Anderson teaches the method of claim 19 further comprising:
removing the adjustment pin; and
removing the intermediate weight from the housing;
wherein the handle and the two bells has the first total weight, which is lighter than the second total weight (Shalvi: Figs. 2-4 show wherein the weight plates can be nested and removed within the weight plate/housing 102a. Removal of any of the weight plates 103a, 104a from the housing 102a would result in a lighter dumbbell.).
Regarding claim 21, the combination of Shalvi and Anderson as discussed above teaches the method of claim 19 further comprising:
rotating the cap within the indentation between a first position where the cap fits within the indentation and a second position where at least a portion of the cap extends beyond the indentation to facilitate placement of the adjustment pin (Shalvi: Fig. 2: The securing component 201 is a screw which is rotatable by the user. By modifying Shalvi with the cap and cover plate of Anderson, when secured to the weight plates in a first position, the securing component/pin 201 would fit within the indentation of the cover plate. When rotated by the user to be loosened, the securing component/pin 201 would extend beyond the indentation of the cover plate in order to remove the pin.).
Regarding claim 22, Shalvi in view of Anderson teaches the method of claim 19, wherein the handle and the two bells, including the intermediate weight, has a second total weight that is larger than the first total weight (Shalvi: Para. [0060]: “Each weight plate is suitable to be connected to shaft 101 separately, and each weight plate is suitable to be housed inside a larger weight plate, for example, small weight plate 104a can be housed inside middle weight plate 103a or inside large weight plate 102a.” Figs. 2-4 show wherein the weight plates 102a, 103a, 104a are configurable in different weight configurations. The dumbbell can be configured with just weight plate/housing 102a as the “lightest” configuration. Addition of any of the weight plates 103a, 104a to the housing 102a would result in a heavier dumbbell).
Regarding claim 23, Shalvi in view of Anderson teaches the method of claim 18, wherein the plurality of configurations comprises a light, a medium, and a heavy dumbbell configuration (Shalvi: Figs. 2-4 show wherein the weight plates 102a, 103a, 104a are configurable in a light, medium, and heavy dumbbell configuration.).
Claims 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Shalvi et al. (US 2017/0259107) in view of Anderson (US 2022/0105381) as applied to claim 1 above, and further in view of Hendrickson et al. (US D857,811, hereinafter Hendrickson).
Regarding claim 7, Shalvi in view of Anderson teaches the apparatus of claim 1.
Shalvi does not teach wherein an outer surface of the housing comprises at least four flat sides around a perimeter of the housing, providing stability for the apparatus.
However, in a similar field of endeavor, Hendrickson teaches a dumbbell comprising a handle having a center portion, a first end, and a second end; and a bell attached on each of the first end and the second end, respectively, each bell comprising a housing, wherein an outer surface of the housing comprises at least four flat sides around a perimeter of the housing, providing stability for the apparatus (Annotated Fig. 1 shows wherein the bells on either end are square-shaped and have four flat sides around their perimeters.).
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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 bells of Shalvi by making them square as taught by Hendrickson with the predicted result of preventing the dumbbells from rolling away during a workout (see MPEP 2141(III)). Such a modification involves a mere change in shape which fails to distinguish the invention over the prior art (see MPEP 2144.04).
Regarding claim 8, the combination of Shalvi, Anderson, and Hendrickson as discussed above teaches the apparatus of claim 7, wherein a portion of the outer surface of the housing between the at least four flat sides and the handle comprise one or more sloped exterior surfaces (Hendrickson: Fig. 2 below shows sloped surfaces between the flat sides of the bells and the handle.).
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Regarding claim 9, the combination of Shalvi, Anderson, and Hendrickson as discussed above teaches the apparatus of claim 8, wherein the housing comprises flat interior surfaces opposite the at least four flat sides of the outer surface, and sloped interior surfaces opposite the one or more sloped exterior surfaces (By changing the shape of the bells of Shalvi, the interior of the weight plate 102a would be changed to correspond to its exterior shape.).
Regarding claim 10, the combination of Shalvi, Anderson, and Hendrickson teaches the apparatus of claim 9, wherein the at least one removable weight has an exterior surface comprising flat sides and sloped exterior surfaces corresponding to the flat interior surfaces and the sloped interior surfaces of the housing (By changing the shape of the bells of Shalvi, the interior of the weight plate 102a would be changed to correspond to its exterior shape and the shape of the weight plates 103a, 104a would also be necessarily changed in order to correspond to the shape of the weight plate 102a. Such a modification involves a mere change in shape which fails to distinguish the invention over the prior art (see MPEP 2144.04).).
Regarding claim 11, Shalvi in view of Anderson further in view of Hendrickson teaches the apparatus of claim 10, wherein a first hole is formed in the at least one removable weight, the first hole adapted to receive an adjustment pin (securing component 201) to hold the at least one removable weight in the housing (Shalvi: Fig. 5 shows each of the weight plates 102a, 103a, 104a having a hole in the middle configured to receive the securing component 201. Fig. 2 shows the securing component 201 shaped as a pin holding the weight plates 103a, 104a within the weight 102a.).
Regarding claim 12, Shalvi in view of Anderson further in view of Hendrickson teaches the apparatus of claim 11, wherein the at least one removable weight includes an interior surface corresponding to an exterior surface of a smaller weight (Shalvi: Figs. 1, 2 show the weight plate 103a having an interior surface for nesting of the smaller weight plate 104a.); and
wherein a second hole is formed in the smaller weight, the second hole adapted to align with the first hole and receive the adjustment pin to hold the smaller weight in the housing (Shalvi: Fig. 2).
Regarding claim 13, Shalvi in view of Anderson further in view of Hendrickson teaches a method for using the apparatus of claim 12, comprising:
selecting a dumbbell configuration comprising a light, medium, or heavy dumbbell configuration; and
implementing the selected dumbbell configuration;
wherein the light dumbbell configuration comprises the housing being empty;
wherein the medium dumbbell configuration comprises the housing with the at least one removable weight positioned inside; and
wherein the heavy dumbbell configuration comprises the housing with the at least one removable weight positioned inside, and the smaller weight positioned inside the at least one removable weight (Shalvi: Para. [0060]: “Each weight plate is suitable to be connected to shaft 101 separately, and each weight plate is suitable to be housed inside a larger weight plate, for example, small weight plate 104a can be housed inside middle weight plate 103a or inside large weight plate 102a.” Figs. 2-4 show wherein the weight plates 102a, 103a, 104a are configurable in a light, medium, and heavy dumbbell configuration. The dumbbell can be configured with just weight plate/housing 102a as the “lightest” configuration.).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Shalvi et al. (US 2017/0259107) in view of Anderson (US 2022/0105381) as applied to claim 14 above, and further in view of Hendrickson et al. (US D857,811, hereinafter Hendrickson).
Regarding claim 24, Shalvi in view of Anderson teaches the adjustable dumbbell of claim 14.
Shalvi does not teach wherein an outer surface of the housing comprises at least four flat sides around a perimeter of the housing.
However, in a similar field of endeavor, Hendrickson teaches a dumbbell comprising a handle having a center portion, a first end, and a second end; and a bell attached on each of the first end and the second end, respectively, each bell comprising a housing, wherein an outer surface of the housing comprises at least four flat sides around a perimeter of the housing, providing stability for the apparatus (Annotated Fig. 1 above with regards to claim 7 shows wherein the bells on either end are square-shaped and have four flat sides around their perimeters.).
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 bells of Shalvi by making them square as taught by Hendrickson with the predicted result of preventing the dumbbells from rolling away during a workout (see MPEP 2141(III)). Such a modification involves a mere change in shape which fails to distinguish the invention over the prior art (see MPEP 2144.04).
Response to Arguments
In view of the amended claims, Applicant’s arguments with respect to the 35 U.S.C. 102 rejection in view of Shalvi have been fully considered and are persuasive and the 102 rejections have been withdrawn. However, Applicant’s amendments have resulted in the new grounds of rejection made in view of Schuur and Anderson (see above). It is noted that Applicant argues that Figure 7 of Shalvi depicts the securing component protruding from the weight plate/housing 102a. The Office agrees, but Figure 2 of Shalvi is relied on to teach the adjustment pin 201 securing the weight plates 103a, 104a to the weight plate/housing 102a.
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 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
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