Detailed Action
This is the Final Rejection based on application 18/660,597 filed on 05/10/2024, and which claims as amended on 12/22/2025 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 .
Priority
The instant application claims the status as a CIP of application 18/409,359, which has the status of a CIP of application 18/466,926, and as such the earliest date of priority of 09/14/2023 is granted to the instant application.
Response to Amendment
The amendments have been sufficient to overcome the double patenting rejection present in the Non-Final Action with the newly added limitations of the grommet including an oblong cross section configured to permit free movement of a cord along an axis orthogonal to a longitudinal axis of the fitness device.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the spool having a spool diameter, the grommet having a grommet opening width, where the spool diameter is less than the grommet opening width of claim 22 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. The limitations that use the word “means” (or step) are “attachment means configured to couple to the cord” in claims 3 and 18.
The specification of the instant application in paragraph [0054] states, “As one non-limiting example, the attachment means 136 can be a loop 138, as shown in the figures. The loop 138 can be adapted to receive a carabiner clip, snap hook, or any other suitable connecting element disposed on a handle or any other desired accessory.”
Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 22 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Nowhere in the specification of the instant application is the width of the grommet opening discussed, nor that the spool diameter is less than the grommet opening width, and as noted in the drawing objection above the spool having a diameter less than the width of the opening of the grommet is not depicted in any figure.
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.
Claim 21 is 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 21 recites the limitation “the grommet longitudinal axis” on line 2. There is insufficient antecedent basis for this limitation as a grommet longitudinal axis has not yet been claimed.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilson et al. US 20220161088 A1.
Regarding claim 1:
Wilson teaches a fitness device for use by a user (“An exercise system includes a resistance unit for the performance of a wide variety of exercises including those previously performed using free weights, exercise machines, rowing machines, and/or ski machines.” See abstract), comprising: a resistance assembly (resistance unit 30) including: a driving assembly having: a spool (spool 43) ; and a motor (stepping motor 49) selectively engageable with the spool, the motor configured to generate a resistance force when engaged with the spool (“The resistance unit 30 includes a stepping motor (NEMA23) 49 with a 10:1 Planetary gear reducer 50 attached that provides a 14 mm diameter output shaft 51 that is hardened and smooth (no keyway). The motor 49 is only used to provide power for rewinding the cord 37 and is idle (not powered) during cord pull-out or unwinding.” See paragraph [0026]); a cord (pull cord 37) configured to be wound and unwound on the spool (“The resistance unit 30 also includes a spool 43 on which the pull cord 37 can be wound and unwound during exercise.” See paragraph [0024]) in multiple layers in response to a movement by the user (“However, as the cord 37 rewinds, added cord staking-layers wound on the spool 43 will result in an increase in the moment arm resisting the user's cord pull-back resistance, which will make it easier for the user to slow or stop the rewind.” See paragraph [0035]); and a grommet (grommet 36A) disposed adjacent to the driving assembly (“Referring to FIGS. 11, 13 and 14, the cord 37 exits and enters the exerciser 30 through an elongated orifice or grommet 36A forming the exit port 36 in the rotating cover 35.” See paragraph [0037] and figure 11, where reference numeral 43 denotes the spool of the driving assembly.) and configured to receive the cord therethrough and direct the cord out of the resistance assembly (See figure 11, and the citation of paragraph [0037] above), the grommet including an oblong cross section (See figure 13 which depicts the grommet as oblong) configured to permit free movement of the cord along an axis orthogonal to a longitudinal axis of the fitness device (See annotated figure 11).
[AltContent: textbox (Axis orthogonal to the longitudinal axis)][AltContent: textbox (Longitudinal axis)][AltContent: connector][AltContent: connector]
PNG
media_image1.png
698
808
media_image1.png
Greyscale
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) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. US 20220161088 A1, and further in view of Larson et al. US 20230082015 A1.
Wilson teaches the invention as substantially claimed above. See the rejection of claim 1 under 35 USC 102(a)(1) above.
Regarding claim 21:
Wilson teaches the fitness device for use by a user of Claim 1, but fails to teach wherein a rotational axis of the spool is orthogonal to the grommet longitudinal axis.
Larson, however, teaches a portable exercise device that may be arranged in a number of different orientations and positions on the body of an individual (See abstract), and further teaches wherein a rotational axis of the spool is orthogonal to the grommet longitudinal axis (The examiner notes that due to the unclear nature of the claim language, see 35 USC 112(b) above and the lack of direction from the drawings, the longitudinal axis of the grommet is being interpreted under the broadest reasonable interpretation as the lengthwise direction of the grommet which is perpendicular to the axis of rotation of the spool, therefore as depicted in figures 1A-1B, the openings 195 where the cables exit which include the grommets as stated in paragraph [0038] have a lengthwise longitudinal axis which is orthogonal to the axis of rotation of the spool which in figure 1A would be coming straight out of the figure and is better shown in the top down view of figure 1B, where the longitudinal axis of the grommet would be going into the figure down the side of the device housing as annotated in figure 1A.)
[AltContent: connector][AltContent: textbox (Longitudinal axis of grommet)][AltContent: connector]
PNG
media_image2.png
316
752
media_image2.png
Greyscale
[AltContent: textbox (Rotational axis of spool)]
PNG
media_image3.png
176
632
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 direction of the grommet to have a longitudinal axis orthogonal to the rotational axis of the spool as taught by Larson, as this amounts to no more than a rearrangement of parts and the grommet would be placed in such a way to minimize wear on the cable and maximize the protection of wear on the cable as it passes through the opening as this is the function of a grommet.
Under a different interpretation than that of the rejection presented under 35 USC 102(a)(1) above, claim(s) 1,3-4,6-7,11-12,17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1 in further view of Wilson et al. US 20220161088 A1.
Regarding claim 1:
Gregory teaches a fitness device for use by a user (Paragraph [007] describes the invention as a fitness training apparatus), comprising: a resistance assembly (The examiner notes that the motors 31, shaft 32, spool/drum 22, cable 20, and handles 24 together comprise the resistance assemblies of the device) including: a driving assembly having: a spool (Spool 22); and a motor (motor 31) selectively engageable with the spool (See figure 6 where the motors 31 of the load generators 30 are engaged with the spool through the shaft), the motor configured to generate a resistance force when engaged with the spool (Paragraph [0066] details how each electric motor 31 is variably operable to generate a range of torques for applying selectively adjustable loads to its respective retractable line.); a cord (cable 21) configured to be wound and unwound on the spool in multiple layers in response to a movement by the user (“Each retractable line 20 (i.e. cable 21) is configured and arranged to retract into a wound or coiled configuration in a retracted state on a spool or drum 22 provided in the base 10, i.e. mounted and supported on a frame 14 of the base 10” See paragraph [0065]).
PNG
media_image4.png
327
508
media_image4.png
Greyscale
PNG
media_image5.png
357
473
media_image5.png
Greyscale
Gregory fails to teach a grommet disposed adjacent to the driving assembly and configured to receive the cord therethrough and direct the cord out of the resistance assembly, the grommet including an oblong cross section configured to permit free movement of the cord along an axis orthogonal to a longitudinal axis of the fitness device.
Wilson , however, teaches an exercise system including a resistance unit for the performance of a wide variety of exercises including those previously performed using free weights, exercise machines, rowing machines, and/or ski machines (See abstract), and further teaches a grommet (grommet 36A) disposed adjacent to the driving assembly (“Referring to FIGS. 11, 13 and 14, the cord 37 exits and enters the exerciser 30 through an elongated orifice or grommet 36A forming the exit port 36 in the rotating cover 35.” See paragraph [0037] and figure 11, where reference numeral 43 denotes the spool of the driving assembly.) and configured to receive the cord therethrough and direct the cord out of the resistance assembly (See figure 11, and the citation of paragraph [0037] above), the grommet including an oblong cross section (See figure 13 which depicts the grommet as oblong) configured to permit free movement of the cord along an axis orthogonal to a longitudinal axis of the fitness device (See annotated figure 11).
[AltContent: textbox (Axis orthogonal to the longitudinal axis)]It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include an oblong grommet where the cable comes through the opening along an axis orthogonal to a longitudinal axis of the fitness device in the surface of Gregory as taught by Wilson in order to protect the cable during use and reduce possible damage and wear during exercise.
Regarding claim 3:
Gregory as modified discloses the fitness device of Claim 1, further including an attachment means configured to couple to the cord (Paragraph [0065] discusses how the free end of each cable 21 is configured with a clip/clasp for example for removable attachment of a handle 24).
Regarding claim 4:
Gregory as modified discloses the fitness device of Claim 1, further including a performance unit (control device 40. The examiner notes that the performance unit of the instant application is stated in paragraph [0019] as “The performance unit 146 can relay to the user an exercise setting using an arbitrary scale of resistance which can be displayed to the user on a display 148 and monitor the exercise setting”, and therefore the control unit 40 of Gregory which detects that state of the cords, the motors, and adjusts the load settings thereof, and can connect to remote devices for more control, is a performance unit) for monitoring an exercise setting of the resistance assembly (“Furthermore, the control device 40, and particularly the processor 41, of the apparatus 100 is configured to calculate training performance based on the use of each cable 21 sensed or detected by the sensors 43 of the control device 40 for displaying the performance information on the user device 200.” See paragraph [0076]), the performance unit disposed adjacent the resistance assembly (see figure 1).
Regarding claim 6:
Gregory as modified discloses the fitness device of Claim 1, further including another resistance assembly (See figure 1).
Regarding claim 7:
Gregory as modified discloses the fitness device of Claim 6, further including a performance unit (control device 40. The examiner notes that the performance unit of the instant application is stated in paragraph [0019] as “The performance unit 146 can relay to the user an exercise setting using an arbitrary scale of resistance which can be displayed to the user on a display 148 and monitor the exercise setting”, and therefore the control unit 40 of Gregory which detects that state of the cords, the motors, and adjusts the load settings thereof, and can connect to remote devices for more control, is a performance unit) for monitoring an exercise setting of the resistance assembly (“Furthermore, the control device 40, and particularly the processor 41, of the apparatus 100 is configured to calculate training performance based on the use of each cable 21 sensed or detected by the sensors 43 of the control device 40 for displaying the performance information on the user device 200.” See paragraph [0076]), the performance unit disposed between the resistance assembly and the another resistance assembly (See figure 1).
Regarding claim 11:
Gregory as modified discloses the fitness device of Claim 1, further including a programmable device configured for wireless communication with the resistance assembly (“The user device is configured for communication with the apparatus 100, preferably via the control device, for the input of training settings by the user (e.g. via a smart phone or similar device) and/or for displaying training information to the user during training.” See paragraph [0076]).
Regarding claim 12:
Gregory as modified discloses the fitness device of Claim 11, wherein the programmable device includes a processor and a non-transitory computer readable medium (The examiner notes that the smartphone as stated in the rejection of claim 10, which is the programmable device of Gregory, inherently includes a processor and non-transitory computer readable medium as all smartphones require processors and memory to function), the non-transitory computer readable medium including instructions configured to permit the user to remotely run or modify an exercise setting of the resistance assembly specified by the user (“In this regard, a software application installed on the user device for communication with the apparatus 100 for input of training settings and display of training information to the user.” See paragraph [0076]).
Regarding claim 17:
Gregory as modified discloses the fitness device of Claim 1, further including a handle (handle 24) configured to couple to the cord via an attachment means (Paragraph [0065] discusses how the free end of each cable 21 is configured with a clip/clasp for example for removable attachment of a handle 24).
Regarding claim 19:
Gregory teaches a method of using a fitness device by a user (“One aspect of the present disclosure relates to a method for calibrating a fitness apparatus and accurately counting exercise repetitions thereon.” See paragraph [0023]), comprising: providing a fitness device (fitness training apparatus 100) including a resistance assembly (The examiner notes that the motors 31, shaft 32, spool/drum 22, cable 20, and handles 24 together comprise the resistance assemblies of the device) including: a driving assembly having: a spool (Spool 22 see figure 6), and a motor (motor 31) selectively engageable with the spool (See figure 6 where the motors 31 of the load generators 30 are engaged with the spool through the shaft), the motor configured to generate a resistance force when engaged with the spool (“To this end, each load generator 30 of the fitness training apparatus 100 comprises at least one electric motor 31, such as a torque motor, that is variably operable to generate a range of torques for applying the selectively adjustable load to its respective retractable line 20.” See paragraph [0066]), a cord (cable 21) configured to be wound and unwound on the spool in multiple layers in response to a movement by the user; and moving the cord by the user so that the cord is one of wound and unwound on the spool (The examiner notes that this limitation is merely claiming the function of the spool and cable).
Gregory fails to teach a grommet disposed adjacent to the driving assembly and configured to receive the cord therethrough and direct the cord out of the resistance assembly, the grommet including an oblong cross section configured to permit free movement of the cord along an axis orthogonal to a longitudinal axis of the fitness device.
Wilson, however, teaches an exercise system including a resistance unit for the performance of a wide variety of exercises including those previously performed using free weights, exercise machines, rowing machines, and/or ski machines (See abstract), and further teaches a grommet (grommet 36A) disposed adjacent to the driving assembly (“Referring to FIGS. 11, 13 and 14, the cord 37 exits and enters the exerciser 30 through an elongated orifice or grommet 36A forming the exit port 36 in the rotating cover 35.” See paragraph [0037] and figure 11, where reference numeral 43 denotes the spool of the driving assembly.) and configured to receive the cord therethrough and direct the cord out of the resistance assembly (See figure 11, and the citation of paragraph [0037] above), the grommet including an oblong cross section (See figure 13 which depicts the grommet as oblong) configured to permit free movement of the cord along an axis orthogonal to a longitudinal axis of the fitness device (See annotated figure 11).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include an oblong grommet where the cable comes through the opening along an axis orthogonal to a longitudinal axis of the fitness device in the surface of Gregory as taught by Wilson in order to protect the cable during use and reduce possible damage and wear during exercise.
Regarding claim 20:
Gregory as modified discloses the method of Claim 19, further comprising a member selected from a group consisting of (The examiner notes that the phrase “comprising a member selected from the group” requires only one out of the following possibilities are necessary for the invention): positioning the fitness device in a desired location and orientation (“As noted above, the base 10 in this embodiment is configured as a platform or step upon which the user may stand, sit, or lie while performing training exercises.” See paragraph [0067]. The examiner notes that the platform must be placed in a desired location and the orientation can be adjusted by the user, as the user can move the platform, and its bench configuration as shown in figure 5); securing the fitness device in a selected position; adjusting an exercise setting on the fitness device (“The control device 40 is configured to adjust the load applied to each cable 21 by the motors 31 of the load generators 30 in dependence upon the use or operation of each retractable line 20. That is, the load generators 30 of the apparatus 100 are controlled via the control device 40 to adjust the load applied to cable 21 during extension of the cable 21 to the extended state and/or during retraction of the cable 21 to the retracted state.” See paragraph [0073]); selectively engaging the cord (The examiner notes that if the user is exercising with the machine they are engaging the cord, and this limitation appears to simply be claiming exercising with the device); and combinations thereof.
Claim(s) 2, is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, in view of Wilson et al. US 20220161088 A1, and further in view of YE US 20230201652 A1.
Gregory as modified teaches the invention as substantially claimed above.
Regarding claim 2:
Gregory as modified teaches the fitness device of Claim 1, but fails to teach wherein the driving assembly further includes a spool bearing and a spool mounting.
Ye, however, teaches a strength training machine, which can be folded with a single hand and thus convenient for the folding operation (See paragraph [0005]), and further teaches wherein the driving assembly further includes a spool bearing and a spool mounting (The examiner notes that paragraph [0059] outlines the arrangement of the entire driving assembly shown in figures 5-8, and specifically mentions, “one side of the drive wheel 452 includes a connection shaft 4521, and the connection shaft 4521 is inserted into a bearing in the bearing seat 4535 so as to support the drive wheel 452 and the resistance adjusting assembly 451 through the support base 453.”, where the bearing for the spool is specifically noted and where the support base 453 is being considered as the spool mounting.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a bearing and mount specifically for the spool as taught by Ye in the driving assembly, in order to allow the spool to spin freely while being acted upon by both the user and the motor, while still being held stationary to prevent the cable slipping, or moving out of position during use.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, in view of Wilson et al. US 20220161088 A1, and further in view of Rubin et al. US 11123609 B2.
Regarding claim 9:
Gregory as modified teaches the fitness device of Claim 6, further including a left footboard and a right footboard, the left footboard disposed adjacent to the right footboard.
Rubin, however, teaches an exercise device includes a base defining an inner volume and a top supported by the base, the top defining an aperture, and further including a force sensor configured to measure force on the top and a motor disposed within the base and below the top, the motor including a cable extendable through the aperture (See abstract), and further teaches a left footboard (top plate 122A) and a right footboard (top plate 122B), the left footboard disposed adjacent to the right footboard (See figure 1A).
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 standing platform 10 of the invention to either designate each side as left and right footboards, or to split the base/bench into specific left and right footboards as taught by Rubin, so that the user can adjust their standing position, relative to each resistance assembly while they workout and vary their workouts to change their balance and positioning as they desire.
Regarding claim 10:
Gregory as modified teaches the fitness device of Claim 9, wherein the resistance assembly is disposed at an end of the left footboard and the another resistance assembly is disposed at an end of the right footboard (The examiner notes that as shown above in the rejection of claim 1 which claim 9 depends on, which claim 10 depends on, Gregory already includes two resistance assemblies placed at opposite ends of the standing platform, so when modified by Rubin to split the platform into two footboards as shown in the rejection of claim 9 the resistance assemblies would be disposed at an end of each respective footboard).
Claim(s) 5,8, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, in view of Wilson et al. US 20220161088 A1, and further in view of Smith et al. US 20170319941 A1.
Gregory as modified teaches the invention as substantially claimed above.
Regarding claim 5:
Gregory teaches the fitness device of Claim 4, but fails to teach wherein the performance unit includes a jog dial configured to run or modify the exercise setting of the resistance assembly specified by the user.
Smith, however, teaches an exercise machine may include a tower enclosing, at least in part, a cable and pulley system, a base supporting the tower on a surface, and a plurality of handles operatively coupled to the cable and pulley system and configured to extend from the tower, and further teaches a jog dial configured to run or modify the exercise setting of the resistance assembly specified by the user (“The resistance control 520 may be implemented using a mechanical control (e.g., a knob, a dial) or soft control (e.g., a touch sensitive switch), or combinations thereof.” See paragraph [0072]).
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 performance unit of Gregory to use a dial as an input device as taught by Smith in order to allow the user to make quick, precise adjustments to the load settings of the exercise device without needing to interact with a touchscreen or their mobile phone every time they want to change the resistance.
Regarding claim 8:
Gregory teaches the fitness device of Claim 7, but fails to teach wherein the performance unit includes a jog dial configured to run or modify the exercise setting of the resistance assembly specified by the user.
Smith, however, teaches an exercise machine may include a tower enclosing, at least in part, a cable and pulley system, a base supporting the tower on a surface, and a plurality of handles operatively coupled to the cable and pulley system and configured to extend from the tower, and further teaches a jog dial configured to run or modify the exercise setting of the resistance assembly specified by the user (“The resistance control 520 may be implemented using a mechanical control (e.g., a knob, a dial) or soft control (e.g., a touch sensitive switch), or combinations thereof.” See paragraph [0072]).
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 performance unit of Gregory to use a dial as an input device as taught by Smith in order to allow the user to make quick, precise adjustments to the load settings of the exercise device without needing to interact with a touchscreen or their mobile phone every time they want to change the resistance.
Regarding claim 14:
Gregory teaches the fitness device of Claim 1, but fails to teach further including a jog dial configured to run or modify an exercise setting of the resistance assembly specified by the user.
Smith, however, teaches an exercise machine may include a tower enclosing, at least in part, a cable and pulley system, a base supporting the tower on a surface, and a plurality of handles operatively coupled to the cable and pulley system and configured to extend from the tower, and further teaches a jog dial configured to run or modify the exercise setting of the resistance assembly specified by the user (“The resistance control 520 may be implemented using a mechanical control (e.g., a knob, a dial) or soft control (e.g., a touch sensitive switch), or combinations thereof.” See paragraph [0072]).
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 performance unit of Gregory to use a dial as an input device as taught by Smith in order to allow the user to make quick, precise adjustments to the load settings of the exercise device without needing to interact with a touchscreen or their mobile phone every time they want to change the resistance.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, in view of Wilson et al. US 20220161088 A1, and further in view of Drayer et al. US 20240189651 A1.
Gregory as modified teaches the invention as substantially claimed above.
Regarding claim 13:
Gregory teaches the fitness device of Claim 1, but fails to teach wherein the resistance assembly further includes a fan, whereby the fan cools the motor in operation.
Drayer, however, teaches a platform-based strength machine enables users to perform strength or lifting activities or exercises via moveable or configurable pull points, and further teaches wherein the resistance assembly further includes a fan, whereby the fan cools the motor in operation (“Further, the airflow channels 1626 that transfer heat away from a motor can utilize fans or other devices that blow air through the airflow channels 1626 and remove the heat from the heat sink 1414.” See paragraph [0252]).
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 resistance assembly of Gregory to include a fan as taught by Drayer, in order to prevent overheating and thereby preventing the device from breaking as a result of the motors being overexerted and parts failing.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregory US 20250001232 A1, in view of Wilson et al. US 20220161088 A1, and further in view of YE US 20230201652 A1, further in view of Drayer et al. US 20240189651 A1 and further in view of Smith et al. US 20170319941 A1.
Regarding claim 18:
Gregory teaches a fitness device for use by a user (“A fitness training apparatus is disclosed which replaces a variety of free weights and weight-machines.” See paragraph [0007]), comprising: a resistance assembly (The examiner notes that the motors 31, shaft 32, spool/drum 22, cable 20, and handles 24 together comprise the resistance assemblies of the device), comprising: a resistance assembly (The examiner notes that the motors 31, shaft 32, spool/drum 22, cable 20, and handles 24 together comprise the resistance assemblies of the device) including: (Spool 22 see figure 6); a motor (motor 31) selectively engageable with the spool (See figure 6 where the motors 31 of the load generators 30 are engaged with the spool through the shaft), the motor configured to generate a resistance force when engaged with the spool (“To this end, each load generator 30 of the fitness training apparatus 100 comprises at least one electric motor 31, such as a torque motor, that is variably operable to generate a range of torques for applying the selectively adjustable load to its respective retractable line 20.” See paragraph [0066]); a cord (cord 21) configured to be wound and unwound on the spool in multiple layers in response to a movement by the user (“Each retractable line 20 (i.e. cable 21) is configured and arranged to retract into a wound or coiled configuration in a retracted state on a spool or drum 22 provided in the base 10, i.e. mounted and supported on a frame 14 of the base 10” See paragraph [0065]); an attachment means configured to couple to the cord (“To this end, the free end region 23 of each cable 21 is configured (e.g. with a clip or clasp) for removable attachment of a handle 24 for manual operation by the user.” See paragraph [0065]); and a performance unit (control device 40. The examiner notes that the performance unit of the instant application is stated in paragraph [0019] as “The performance unit 146 can relay to the user an exercise setting using an arbitrary scale of resistance which can be displayed to the user on a display 148 and monitor the exercise setting”, and therefore the control unit 40 of Gregory which detects that state of the cords, the motors, and adjusts the load settings thereof, and can connect to remote devices for more control, is a performance unit) for monitoring an exercise setting of the resistance assembly (“Furthermore, the control device 40, and particularly the processor 41, of the apparatus 100 is configured to calculate training performance based on the use of each cable 21 sensed or detected by the sensors 43 of the control device 40 for displaying the performance information on the user device 200.” See paragraph [0076]), the performance unit disposed adjacent the resistance assembly (See figure 1) and configured to run or modify the exercise setting specified by the user (“The control device 40 is configured to adjust the load applied to each cable 21 by the motors 31 of the load generators 30 in dependence upon the use or operation of each retractable line 20.” See paragraph [0073]).
Gregory fails to teach a grommet disposed adjacent to the driving assembly and configured to receive the cord therethrough and direct the cord out of the resistance assembly, the grommet including an oblong cross section configured to permit free movement of the cord along an axis orthogonal to a longitudinal axis of the fitness device; a spool bearing disposed adjacent the spool; and a spool mounting disposed adjacent the spool; and a fan for cooling the motor in operation; and where the performance unit includes a jog dial.
Wilson , however, teaches an exercise system including a resistance unit for the performance of a wide variety of exercises including those previously performed using free weights, exercise machines, rowing machines, and/or ski machines (See abstract), and further teaches a grommet (grommet 36A) disposed adjacent to the driving assembly (“Referring to FIGS. 11, 13 and 14, the cord 37 exits and enters the exerciser 30 through an elongated orifice or grommet 36A forming the exit port 36 in the rotating cover 35.” See paragraph [0037] and figure 11, where reference numeral 43 denotes the spool of the driving assembly.) and configured to receive the cord therethrough and direct the cord out of the resistance assembly (See figure 11, and the citation of paragraph [0037] above), the grommet including an oblong cross section (See figure 13 which depicts the grommet as oblong) configured to permit free movement of the cord along an axis orthogonal to a longitudinal axis of the fitness device (See annotated figure 11).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include an oblong grommet where the cable comes through the opening along an axis orthogonal to a longitudinal axis of the fitness device in the surface of Gregory as taught by Wilson in order to protect the cable during use and reduce possible damage and wear during exercise.
The combination of Gregory and Wilson however, still fails to teach a spool bearing disposed adjacent the spool; and a spool mounting disposed adjacent the spool, a fan for cooling the motor, and a jog dial.
Ye, however, teaches a strength training machine, which can be folded with a single hand and thus convenient for the folding operation (See paragraph [0005]), and further teaches wherein the driving assembly further includes a spool bearing and a spool mounting (The examiner notes that paragraph [0059] outlines the arrangement of the entire driving assembly shown in figures 5-8, and specifically mentions, “one side of the drive wheel 452 includes a connection shaft 4521, and the connection shaft 4521 is inserted into a bearing in the bearing seat 4535 so as to support the drive wheel 452 and the resistance adjusting assembly 451 through the support base 453.”, where the bearing for the spool is specifically noted and where the support base 453 is being considered as the spool mounting.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a bearing and mount specifically for the spool as taught by Ye in the driving assembly, in order to allow the spool to spin freely while being acted upon by both the user and the motor, while still being held stationary to prevent the cable slipping, or moving out of position during use.
The combination of Gregory, Wilson, and Ye however, still fails to teach a fan for cooling the motor, and wherein the performance unit includes a jog dial.
Drayer, however, teaches a platform-based strength machine enables users to perform strength or lifting activities or exercises via moveable or configurable pull points, and further teaches wherein the resistance assembly further includes a fan, whereby the fan cools the motor in operation (“Further, the airflow channels 1626 that transfer heat away from a motor can utilize fans or other devices that blow air through the airflow channels 1626 and remove the heat from the heat sink 1414.” See paragraph [0252]).
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 resistance assembly of Gregory to include a fan as taught by Drayer, in order to prevent overheating and thereby preventing the device from breaking as a result of the motors being overexerted and parts failing.
The combination of Gregory, Wilson, and Drayer however, still fails to teach wherein the performance unit includes a jog dial.
Smith, however, teaches an exercise machine may include a tower enclosing, at least in part, a cable and pulley system, a base supporting the tower on a surface, and a plurality of handles operatively coupled to the cable and pulley system and configured to extend from the tower, and further teaches a jog dial configured to run or modify the exercise setting of the resistance assembly specified by the user (“The resistance control 520 may be implemented using a mechanical control (e.g., a knob, a dial) or soft control (e.g., a touch sensitive switch), or combinations thereof.” See paragraph [0072]).
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 performance unit of Gregory to use a dial as an input device as taught by Smith in order to allow the user to make quick, precise adjustments to the load settings of the exercise device without needing to interact with a touchscreen or their mobile phone every time they want to change the resistance.
Examiner notes
The examiner notes that no art rejection has been made for the claimed limitations of dependent claim 22 due to the lack of clarity noted in the drawing objections, and in addition the rejection under 35 USC 112(a) for the introduction of new matter which is causing the claim to be rejected.
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive. With respect to the applicant’s arguments in regards to the previous rejection under 35 USC 103 in view of the combination of Gregory and Larson, the examiner notes that originally the newly added limitations of the grommet including an oblong cross section configured to permit free movement of the cord along a grommet longitudinal axis orthogonal to a longitudinal axis of the fitness device were not present and therefore an updated search and consideration was required. Therefore, the new rejection under 35 USC 102(a)(1) in view of Wilson, and the secondary rejection under 35 USC 103 in view of the combination of Gregory and Wilson have been presented.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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 on (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://www.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.
/JONATHAN A DICUIA/ Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784