Prosecution Insights
Last updated: April 17, 2026
Application No. 18/670,094

System and Method For Controlling a Cardiac Enhancement Training Device

Non-Final OA §102
Filed
May 21, 2024
Examiner
URBIEL GOLDNER, GARY D
Art Unit
3784
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
493 granted / 675 resolved
+3.0% vs TC avg
Strong +61% interview lift
Without
With
+61.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
10 currently pending
Career history
685
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
30.3%
-9.7% vs TC avg
§102
28.0%
-12.0% vs TC avg
§112
32.4%
-7.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 675 resolved cases

Office Action

§102
DETAILED ACTION This Office action is in response to applicant’s response filed 12/23/2025 to the Requirement for Restriction/Election, dated 10/24/2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The effective filing date of the present application is 03/14/2024 for claims 1-20 and 24-33. The effective filing date of the present application is 05/21/2024 for claims 21-23. Claims 1-33, as filed on 05/21/2024, are currently pending. Applicant’s election without traverse of Species C (Figures 5 and 6) and claims 21-23 in the reply filed on 12/23/2025 is acknowledged. Claims 1-20 and 24-33, as filed on 05/21/2024, are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Claims 21-23, as filed on 05/21/2024, are considered below. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/09/2025 was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The abstract of the disclosure is objected to because it is not clearly indicative of the elected invention to which corresponding claims 21-23 are directed. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Objections Claims 21-23 are objected to because of the following informality: In claim 21, line 1, “comprising:” should be --- the frame comprising: ---. In claim 22, line 3, “a slidable track connected to the one or more vertical posts” should be --- a slidable track respectively connected to each of the one or more vertical posts ---. In claim 22, line 4, “wherein the one or more handrails are connected to the slidable track” should be --- wherein the one or more handrails are respectively connected to each slidable track ---. In claim 23, lines 1-2, “wherein a tension force applied to the slidable track is provided by one or more bands designed to support the first amount of weight” should be --- wherein a tension force applied to each slidable track is respectively provided by one or more bands designed to support the first amount of weight ---. Appropriate correction is required. 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. Claims 21 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 107693301 B). Regarding claim 21, Zhang discloses a frame (the foldable mobile training frame 1; Figures 1 and 2) for use with a cardiac enhancement training device, comprising: a height adjustment system (Figure 2) including one or more handrails (refer to the annotated Figure 2, see below) designed for a user to brace themselves on and PNG media_image1.png 200 400 media_image1.png Greyscale relieve a first amount of weight from a user's joints (A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, the one or more handrails of Zhang’s height adjustment system, as illustrated in Figure 2, are capable of enabling a user to brace themselves on and relieve a first amount of weight from a user's joints.); and an anti-gravity support system (the weight reducing vest 6; Figures 1 and 5) including one or more anti-gravity straps (the straps of the weight reducing vest 6; Figures 1 and 5) designed to relieve a second amount of weight from a user's lower joints (A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, the straps of Zhang’s weight reducing vest 6, as illustrated in Figures 1 and 5, are capable of relieving a second amount of weight from a user's lower joints.). Regarding claim 22, Zhang further discloses wherein the frame includes: one or more vertical posts (the armrest square tube 12; refer to the annotated Figure 2, see above); and a slidable track (the inside railing tube 11; refer to the annotated Figure 2, see above) connected to the one or more vertical posts, wherein the one or more handrails are connected to the slidable track (refer to the annotated Figure 2, see above). Allowable Subject Matter Claim 23 is 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record (Zhang (CN 107693301 B)) fails to teach or render obvious a frame for use with a cardiac enhancement training device in combination with all of the elements and structural and functional relationships as claimed and further including: wherein a tension force applied to the slidable track is provided by one or more bands designed to support the first amount of weight (claim 23). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY D URBIEL GOLDNER whose telephone number is (313)446-6554. The examiner can normally be reached between 9AM and 5PM, Eastern Time, Monday through Friday. 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 B 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. Visit https://patentcenter.uspto.gov to file and manage patent submissions in Patent Center. For more information about Patent Center, visit https://www.uspto.gov/patents/apply/patent-center. For information about filing in DOCX format, visit https://www.uspto.gov/patents/docx. 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. /GARY D URBIEL GOLDNER/Primary Examiner, Art Unit 3784
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Prosecution Timeline

May 21, 2024
Application Filed
Dec 31, 2025
Non-Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
99%
With Interview (+61.0%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 675 resolved cases by this examiner. Grant probability derived from career allow rate.

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