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 .
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.
(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.
Claim(s) 1-10, 12-14, and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bortolotto (US 2019/0282880).
‘880 teaches regarding claim:
1. A heavy bag comprising: an outer cover (outer foam cover 51); a foam insert retained in and covered by the outer cover (inner foam cylinder 50), wherein the foam insert comprises an open central channel and has a monolithic one-piece construction (as seen in FIGs 1-3; central channel for holding hollow or concrete-filled weights/pouches 60/61); at least one removable pouch in the open central channel (60/61); and a fill material in the at least one removable pouch (concrete as discussed above; also ballast per [0013]).
2. The heavy bag of claim 1, wherein the heavy bag has a cylindrical shape and each one of the outer cover, the foam insert, and the at least one removable pouch has a hollow cylindrical shape (as seen in FIGs 1-3).
3. The heavy bag of claim 2, wherein the outer cover, the foam insert, and the at least one removable pouch are concentric (see concentric arrangement in cited figures).
4. The heavy bag of claim 1, wherein the open central channel of the foam insert extends less than an entire length of the foam insert (in one interpretation, the open channel is capped and partially filled by spacer discs 54 and thus extends less than the full length).
5. The heavy bag of claim 1, wherein the at least one removable pouch extends less than an entire length of the open central channel of the foam insert (see pouches 60 extending less than the whole length in FIG 1).
6. The heavy bag of claim 5, further comprising at least one plug within an end portion of the open central channel of the foam insert such that the at least one plug closes an opening of the open central channel defined by the end portion of the open central channel (plugs 52 and 53).
7. The heavy bag of claim 6, wherein the at least one plug is made of foam (per [0047]-[0048]).
8. The heavy bag of claim 1, wherein the open central channel of the foam insert extends an entire length of the foam insert (when discs 54 are removed).
9. The heavy bag of claim 8, further comprising two plugs each positioned with a corresponding one of opposing end portions of the open central channel of the foam insert so that the at least one removable pouch is interposed between the two plugs (as seen in FIG 1).
10. The heavy bag of claim 1, wherein the heavy bag comprises a plurality of removable pouches arranged in an end-to-end configuration within the open central channel of the foam insert (60/61s as discussed above and seen in FIG 1).
12. The heavy bag of claim 1, wherein the fill material is one or both of sand or water (concrete, which inherently contains water as part of its composition).
13. The heavy bag of claim 1, wherein the fill material is more dense than the foam insert (concrete, which is more dense than PU foam).
14. The heavy bag of claim 1, wherein the at least one removable pouch comprises a closable opening through which the fill material is insertable into the at least one removable pouch (openings between pouches “closable” with foam inserts 54).
16. The heavy bag of claim 1, wherein: the outer cover is made of a first material; the removable pouch is made of a second material; and at least one of: the first material is more durable than the second material; or the second material is less pervious to water than the first material (concrete and PU foam, where PU foam is more durable in that it is more elastic).
17. A heavy bag system comprising: a heavy bag comprising an outer cover, a foam insert retained in and covered by the outer cover, at least one removable pouch, and a fill material, wherein the foam insert comprises an open central channel and has a monolithic one-piece construction, the at least one removable pouch is in the open central channel, and the fill material is in the at least one removable pouch; at least one cable attached to the heavy bag; and a stand; wherein the at least one cable is removably attached to the stand to suspend the heavy bag from the stand (as discussed above; see cable 80 with hook 72 for attachment to a ceiling/wall stand per [0048]).
18. The heavy bag system of claim 17, wherein one of: the stand is mountable to a wall; or the stand comprises a weighted base, a rigid upright support coupled to the weighted base, and an arm extending from the rigid upright support (wall mountable per [0048]).
19. A method of assembling a heavy bag, the method comprising: inserting a foam insert within an outer cover, wherein the foam insert comprises an open central channel and has a monolithic one-piece construction; filling at least one removable pouch with a fill material; inserting the filled at least one removable pouch within the open central channel of the foam insert; and sealing the outer cover to prevent removal of the foam insert and the at least one removable pouch (to construct the device of FIG 1; claimed components as discussed above).
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) 11, 15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bortolotto.
Bortolotto teaches regarding claim 11: the heavy bag of claim 1, but does not teach the above wherein the heavy bag has a teardrop shape. However, it has long been held to be well within the abilities of one of ordinary skill in the art to make various modifications that result in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, more efficient, or otherwise advantageous. Because the desire to enhance commercial opportunities by improving a product or process is universal—and even common-sensical—it has been held that there exists in these situations a motivation to modify a prior art invention. Accordingly, as a matter of obvious design choice, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Bortolotto any of a number of different shapes, including the claimed teardrop shape to result in an apparatus that simulates different targets, such as a more rotund user. Further, applicant places no criticality on the feature.
Bortolotto teaches regarding claim: 15. The heavy bag of claim 14, but does not teach the above wherein the at least one removable pouch further comprises at least one of a zipper or hook-and-loop fastener that is operable to open and close the closable opening of the at least one removable pouch. The Office Takes Official Notice that making a pouch or container releasably closable with a zipper or hook-and-loop fasteners is old and well known in the art. Including such with Bortolotto would provide the advantage of more securely retaining any added ballast material to the hollow containers. Therefore, the addition of a zipper or hook and loop fastener to the prior art invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Bortolotto teaches regarding claim: 20. A method of shipping a heavy bag, the method comprising: sealing a foam insert such that the foam insert is compressed from a first size to a second smaller size (when the device is encased in outermost cover 21); Bortolotto does not teach the above further comprising vacuum sealing the foam insert or folding an empty removable pouch; folding an outer cover; and packing the foam insert having the second smaller size, removable pouch, and outer cover into an empty storage container. The Office takes Official Notice that vacuum sealing foam and folding covers and pouches before sealing everything in a storage container/box is old and well known in the art. Such would provide the advantage of space-saving during shipment and would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARRETT K ATKINSON whose telephone number is (571)272-8117. The examiner can normally be reached 0800-1800 M-F.
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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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/GARRETT K ATKINSON/Primary Examiner, Art Unit 3784