DETAILED ACTION
This is the First Office Action on the Merits based on the 18/660,224 application filed on 05/09/2024 and which claims as originally filed have been considered in the ensuing 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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/09/2024 and 11/05/2024 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-2, 9-10 14, and18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 2014/0192523).
Regarding claim 1:
Wu a yoga block (see Fig. 3) having a block outer surface (22) substantially conforming to a cuboid shape (see Figs. 3-5) with edges and closed corners (see Figs. 3-5) that are at least one of beveled or rounded (see Figs. 3-4) and an inner support (21, 211, 212) comprising a plurality of members (211,212) enclosed within the block outer surface.
Wu fails to distinctly disclose that the edges and closed corners are the beveled or rounded to a depth of at least 0.1 times a smallest dimension of the cuboid shape.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beveled or rounded edges and corners to be a particular depth, as modification regarding dimensions and relative dimensions are generally considered to be modifications that are obvious to and well within the purview of someone of ordinary skill in the art.
Regarding claim 2:
Wu as modified discloses that the block outer surface is formed of a material that is at least one of recycled, recyclable, bio-based, biodegradable, petrochemical free, and plastic free (Wu discloses that the yoga block can be made of softwood, which is biodegradable; see abstract).
Regarding claim 9:
Wu as modified discloses that the block outer surface is formed of plates secured to the inner support (in the broadest reasonable interpretation the sides of the outer surface have been considered plates. Wu discloses that the outer surface is secured to the inner support, see abstract).
Regarding claim 10:
Wu as modified fails to distinctly disclose each plate of the plates comprises a plurality of layers.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the block outer surface comprise more than one layer (i.e. more than one layer of softwood) , since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Regarding claim 14:
Wu as modified discloses that the inner support is formed by interlocked cross pieces (211, 212).
Regarding claim 18:
Wu as modified discloses that the block outer surface includes a treatment that is at least one of hydrophobic, grip-enhancing, or biodegradable (“The brick provides an anti-slip effect on its outer surface…” see paragraph [0005]).
Regarding claim 19:
Wu as modified fails to specifically disclose that the cuboid shape has a first dimension of between 4 and 12 inches in a first direction and a second dimension of between 3 and 10 inches in a second direction perpendicular to the first direction.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the dimensions to be within 3-10 inches by 4-12 inches, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 2014/0192523) in view of Kulzer (D651673). Wu as modified discloses the device as substantially claimed above.
Regarding claim 20:
Wu a yoga block (see Fig. 3) having a plurality of block panels (22) defining a block outer surface (22) substantially conforming to a cuboid shape (see Figs. 3-5) with edges and closed corners (see Figs. 3-5) that are at least one of beveled or rounded (see Figs. 3-4)
and an inner support (21, 211, 212) interfacing with a plurality of inner surfaces of at least a portion of the plurality of block panels (see Fig. 3-4), wherein the plurality of block panels and the inner support are formed of at least one of a biodegradable or recycled material (Wu discloses that the yoga block can be made of softwood, which is biodegradable; see abstract). and wherein the block outer surface is treated with a biodegradable and hydrophobic material (Wu discloses that the block can be made of both softwood and plastic which is a hydrophobic material).
Wu fails to distinctly disclose that the edges and closed corners are the beveled or rounded to a depth of at least 0.1 times a smallest dimension of the cuboid shape and the inner support further including a plurality of diagonal members oriented diagonally with respect to the sides of the cuboid shape and positioned within the block outer surface.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beveled or rounded edges and corners to be a particular depth, as modification regarding dimensions and relative dimensions are generally considered to be modifications that are obvious to and well within the purview of someone of ordinary skill in the art.
Kulzer discloses an exercise base with support braces extending both parallel to the sides of the base and diagonal with respect to the sides of the brace (see Fig. 1-3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the inner supports to include diagonal support braces, as taught by Kulzer to provide additional support to the outer surface.
Claims 1, 3-5, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jou Young (TW M606425).
Regarding claim 1:
Jou Young discloses a yoga block (see Fig. 1-11) having a block outer surface (2) substantially conforming to a cuboid shape (see Fig. 2) with edges and closed corners (see Figs. 2-4) that are at least one of beveled or rounded (see Figs. 3-4 shows slightly rounded edges and corners) and an inner support (see Fig. 4) comprising a plurality of members (2 x (1)) enclosed within the block outer surface.
Jou Young fails to distinctly disclose that the edges and closed corners are the beveled or rounded to a depth of at least 0.1 times a smallest dimension of the cuboid shape.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beveled or rounded edges and corners to be a particular depth, as modification regarding dimensions and relative dimensions are generally considered to be modifications that are obvious to and well within the purview of someone of ordinary skill in the art.
Regarding claim 3:
Jou Young as modified discloses that the block outer surface is formed of at least one of (a) fibers bound together to form a sheet of material and (b) plastic that is at least one of recycled, bio-based, and biodegradable (Jou Young discloses that the yoga block is made of foam material that is recycled).
Regarding claim 4:
Jou Young as modified discloses that the block outer surface is formed by a single folded sheet of material (see Fig. 1-2).
Regarding claim 5:
Jou Young as modified discloses that only one edge of the sheet of material is exposed (insomuch as Applicant discloses the limitation, Jou Young discloses the same).
Regarding claim 18:
Jou Young as modified discloses that the block outer surface includes a treatment that is at least one of hydrophobic, grip-enhancing, or biodegradable (Jou Young discloses that the yoga block has a textured surface, which has been interpreted as grip enhancing).
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jou Young (TW M606425) in view of Reardon et al (US 2022/0379161). Jou Young as modified discloses the device as substantially claimed above.
Regarding claim 6 and 8:
Jou Young as modified fails to distinctly disclose that the edges of the block outer surface include beveled edges and the block outer surface further includes beveled corners and that the inner support conforms to inner surfaces of the beveled edges of the block outer surface
Reardon et al teaches a yoga block with beveled edges and corners (see Fig. 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the edges and corners to be beveled, as taught by Reardon et al for aesthetic purposes.
Claims 11, 12 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Jou Young (TW M606425) in view of Razon (US 11,331,533). Jou Young as modified discloses the device as substantially claimed above.
Regarding claims 11-12:
Jou Young as modified fails to disclose the inner support is formed by sheets of material folded to form the plurality of members and the plurality of members include a plurality of diagonal members that are diagonal with respect to the cuboid shape.
Razon teaches a yoga block with an inner support formed of sheets of material folded to form a plurality of honeycomb members (13), wherein the plurality of members include a plurality of diagonal members that are diagonal with respect to the cuboid shape.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the inner support of Jou Young to be folded sheets of material to form honeycomb members with a plurality of diagonal members, as taught by Razon for the purpose of making the yoga block lightweight and environmentally friendly.
Regarding claims 14-15:
Jou Young as modified fails to disclose that the inner support is formed by interlocked cross pieces and the interlocked cross pieces include diagonal cross pieces that are diagonal with respect to the cuboid shape.
Razon teaches a yoga block with an inner support formed of sheets of material folded to form a plurality of honeycomb members (13), wherein the plurality of members include a plurality of diagonal members that are diagonal with respect to the cuboid shape.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the inner support of Jou Young to be folded sheets of material to form honeycomb members with a plurality of diagonal members, as taught by Razon for the purpose of making the yoga block lightweight and environmentally friendly.
Regarding claim 16:
Jou Young fails to disclose that the inner support is formed by one or more honeycomb sandwich layers.
Razon teaches a yoga block with an inner support formed of sheets of material folded to form a plurality of honeycomb members (13), wherein the plurality of members include a plurality of diagonal members that are diagonal with respect to the cuboid shape.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the inner support of Jou Young to be folded sheets of material to form honeycomb members with a plurality of diagonal members, as taught by Razon for the purpose of making the yoga block lightweight and environmentally friendly.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Jou Young (TW M606425) in view of Trenovan (US 3,581,431). Jou Young as modified discloses the device as substantially claimed above.
Regarding claim 17:
Jou Young as modified fails to disclose one or more reinforcing plates positioned between the inner support and the block outer surface.
Trenovan teaches a reinforcing member (34) positioned between an inner support (44) and an outer surface (16) to improve strength.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the yoga block to Jou Young to have a reinforcing member, as taught by Trenovan to improve the strength of the yoga block. The Examiner notes that only a single reinforcing plate is required by the claim limitation.
Allowable Subject Matter
Claims 7 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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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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/Megan Anderson/Primary Examiner, Art Unit 3784