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 Objections
Claim 20 is objected to because of the following informalities:
Claim 20 recites the phrase “method 1000” which is a typographical error.
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 1, 4-6, 11, 14-15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Flannery (US Pat. No. 4,290,598).
Regarding claim 1, Flannery teaches a body stabilizer for use in exercising, the body stabilizer comprising: a rear member 70 (see Fig. 1, 4, and 8 below) configured for positioning on a floor and against a wall (see Fig. 1 below and col. 3, lines 39-62, where prop assembly 70 is positioned against wall and prevents user from sliding); two side members (i.e., shoulder blocks 88, see Figs. 4 and 8 below) spaced from each other and coupled to the rear member 70 (i.e., indirectly coupled when assembled as shown in Fig. 4 below); and two padded members 90 (see col. 3, lines 56-58) coupled to the two side members 88 and configured for abutting shoulders of a user, wherein: the padded members 90 are space apart an approximate width of the shoulders of the user (see Fig. 1 below); and the side members 88 are configured to prevent a body of the user from moving toward the wall.
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Regarding claim 4, Flannery teaches wherein the side members 88 are movable relative to the rear member 70 (see Fig. 8 above, where rear member 70 is seatingly receivable in recess 86 of the side members 88).
Regarding claim 5, Flannery teaches wherein each of the side members 88 is positioned substantially perpendicular to the rear member 70 (see Fig. 4 and 8 above).
Regarding claim 6, Flannery teaches wherein the side members 88 are positioned substantially parallel to each other (see Fig. 4 and 8 above).
Regarding claim 11, Flannery teaches an exercise apparatus comprising: a rear member 70 configured for positioning on a floor and against a wall (see Fig. 1 above and col. 3, lines 39-62, where prop assembly is positioned against wall and prevents user from sliding); two side members 88 (see Figs. 4 and 8 above) spaced from each other and coupled to the rear member 70; two padded members 90 (see col. 3, lines 56-58) coupled to the two side members 88 and configured for abutting shoulders of a user; and resistance bands 40 (see Fig. 1 above) situated above the rear member 70, wherein: the padded members 90 are space apart an approximate width of the shoulders of the user (see Fig. 1 above); and the side members 88 are configured to prevent a body of the user from moving toward the wall (see Fig. 1 below and col. 3, lines 39-62, where prop assembly is positioned against wall and prevents user from sliding).
Regarding claim 14, Flannery teaches wherein the side members 88 are movable relative to the rear member 70 (see Fig. 8 above, where rear member 70 is seatingly receivable in recess 86 of the side members 88).
Regarding claim 15, Flannery teaches wherein: each of the side members 88 is positioned substantially perpendicular to the rear member 70; and the side members 88 are positioned substantially parallel to each other (see Figs. 4 and 8 above).
Regarding claim 18, Flannery teaches a connector 16 (see Fig. 1 above) configured to be coupled to the wall and configured for connecting the resistance bands 40 to the wall.
Regarding claim 19, Flannery teaches a method for exercising comprising: positioning a body stabilizer (see Fig. 1 above, combination of 70,78) on a horizontal surface and against a vertical surface (see Fig. 1 above); positioning a body of a user on the horizontal surface (see Fig. 1 above); abutting shoulders of the user against the body stabilizer while on the horizontal surface; coupling a resistance band 40 to a limb of the user while the shoulders abut the body stabilizer (see Fig. 1 above); and performing an exercise my moving the limb while coupled to the resistance band 40 (see Fig. 1 above).
Regarding claim 20, Flannery teaches coupling the resistance bands 40 to one of the body stabilizer or the vertical surface above the body stabilizer (see Fig. 1 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.
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Flannery, as applied to claim 1 and 11 above, in view of Hazelitt, Sr. (US Pat. No. 3,524,643, Aug. 18, 1970).
Flannery teaches the invention as substantially claimed.
Regarding claims 2 and 12, Flannery is silent in explicitly teaching the side members 88 are adjustable in length.
Hazelitt, Sr., however, in an analogous art of exercise devices teaches side members 11 having shoulder pads 47 coupled thereto, where the side members 11 are adjustable in length (see Hazelitt, Sr., Figs. 13 and 4 below)
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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 device of Flannery and to substitute the side members 88 with alternative side members 11 that are adjustable to fit the shoulders comfortably to fit the shoulders of a user (see col. 2, lines 64-70)
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Flannery, as applied to claim 1 and 11 above, in view of Szabo (US Pat. No. 4,344,619, Aug. 17, 1982)
Flannery teaches the invention as substantially claimed.
Regarding claim 3 and 13, Flannery is silent in explicitly teaching wherein the rear member 70 is adjustable in length.
Szabo, however, in an analogous art in exercise devices teaches a rear member 20 (i.e., combination of 22,24, see Fig. 1 below) that is adjustable in length from a wall.
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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 device of Flannery such that the rear member 70 is adjustable in length as taught by Szabo in order to adjust the length of the rear member 70 (and shoulder pads 90) from the wall 92.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Flannery, as applied to claim 1 above,
Flannery teaches the invention as substantially claimed
Regarding claim 7, Flannery is silent in explicitly teaching that the padded members 90 are positioned approximately 26 inches from the rear member.
However, where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05).
In this case, Flannery teaches that the padded members 90 are spaced from the rear member 70 by a distance (see Fig. 1, such as the spaced from the resilient foot portion 74 of the rear member). 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 device of Flannery such that the distance between the padded members 90 are positioned approximately 26 inches from the rear member 90 as a matter of discovering the optimum or workable ranges by routine experimentation in order to select a length of the padded members 90 to be positioned away from a wall 92 and suspended weight (see Fig. 1 above). Furthermore, the padded members 90 being positioned 26 inches from the rear member lacks criticality because Applicant discloses that other lengths can be used (see Applicant’s para. [0024])
Allowable Subject Matter
Claims 8-10 and 16-17 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.
Regarding claim 8, none of the prior art either alone or in combination teach or suggest all the limitations of the preceding and intervening claims and further reciting a post member extending substantially perpendicular from the rear member and configured for attaching resistance bands.
Claims 9-10 depend from claim 8.
Regarding claim 16, none of the prior art either alone or in combination teach or suggest all the limitations of the preceding and intervening claims and further reciting a post member extending substantially perpendicular from the rear member and configured for attaching the resistance bands.
Claim 17 depends from claim 16.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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/ANDREW S LO/Primary Examiner, Art Unit 3784