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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 16 March 2026 has been entered.
Priority
Acknowledgement is made of Applicant’s claim for priority to PCT/US22/81718 filed 15 December 2022. Acknowledgement is further made of Applicant’s claim for priority to provisional application no. 63/376,271 filed 19 September 2022 and provisional application no. 63/290,612 filed 16 December 2021.
Independent claim 1 in the instant application includes subject matter that was not described previously in provisional application no. 63/290,312; therefore, the effective filing date of claims 1 and 5 is the filing date of provisional application no. 63/376,271, which is 19 September 2022.
Dependent claim 8 (directly dependent on claim 1) in the instant application includes subject matter that was not described previously in provisional application no. 63/290,312 or provisional application no. 63/376,271; therefore, the effective filing date of claims 8-10 is the filing date of PCT/US22/81718, which is 15 December 2022.
Dependent claim 27 (indirectly dependent on claim 17) in the instant application includes subject matter that was not described previously in provisional application no. 63/290,312; therefore, the effective filing date of claims 27-28 is the filing date of provisional application no. 63/376,271, which is 19 September 2022.
Dependent claim 32 (directly dependent on claim 17) in the instant application includes subject matter that was not described previously in provisional application no. 63/290,312 or provisional application no. 63/376,271; therefore, the effective filing date of claims 32-34 is the filing date of PCT/US22/81718, which is 15 December 2022.
All other claims (claims 17-19, 21-24, 26, and 29-30) have an effective filing date of 16 December 2021.
Response to Amendment
The claim objections have been obviated in view of Applicant’s amendments filed 16 March 2026 except with regards to claim 22. See below.
The rejection of claims 32-34 under 35 U.S.C. 112(b) have been obviated in view of Applicant’s amendments filed 16 March 2026 and are withdrawn.
Claims 8-10, 17-19, 21-24, 26-30, and 32-34 were previously indicated as allowable in the Final Rejection mailed 14 October 2025.
Claims 2-4, 6-7, 11-16, 20, 25, and 31 have been canceled.
Claims 1, 5, 8-10, 17-19, 21-24, 26-30, and 32-34 are still pending. An action on the merits follows.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 22 is objected to because of the following informalities:
Claim 22, line 4, “folded the configuration” should read --the folded configuration--
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ivanov (US 2022/0387840) in view of Lawton (US 2020/0101342).
Regarding claim 1, Ivanov teaches a physical therapy device (training system 100) configured for easy transporting (Fig. 1A: The training system is an exercise frame that can be used for various physical therapies, such as strength training after injury. Fig. 1B: The training system folds to a smaller form for easier transporting.), the physical therapy device comprising:
a first support bracket (gusset 104A, 104B) having a top portion and a bottom portion (Fig. 1A);
a first cross-member (parallel member 110A) coupled directly to the bottom portion of the first support bracket (Figs. 1A, 1B show the parallel member 110A directly coupled to a bottom portion of the gussets 104A, 104B.); and
a first stanchion (support member 114A) rotatably coupled to the first support bracket (Fig. 1B),
wherein the physical therapy device is configured to be transitioned between a folded configuration and an unfolded configuration (Fig. 1B shows wherein the support member 114A is configured to rotate about a pivot in the gussets 104A, 104B between a folded and an unfolded configuration.),
wherein, in the unfolded configuration, the first stanchion is configured to rotate such that the first stanchion contacts the top portion of the first support bracket, such that the first stanchion is approximately perpendicular to the first cross-member (Fig. 1B: In the unfolded configuration, the support member 114A contacts a top portion of the gusset 104A, 104B and is perpendicular to the parallel member 110A.), and
wherein, in the folded configuration, the first stanchion is configured to rotate such that the first stanchion is approximately parallel to the first cross- member (Fig. 1B shows the support member 114A in the folded configuration being parallel to the parallel member 110A.).
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Ivanov does not teach one or more stability supports configured to be at least partially contained within the first cross-member.
However, in a similar field of endeavor, Lawton teaches a physical therapy device comprising: a first support bracket (clevis bracket g), a first cross-member (support 20c), a first stanchion (pivoting post 14b) rotatably coupled to the first support bracket, and one or more stability supports (stabilizer 19c) configured to be at least partially contained within the first cross-member (Figs. 1, 5a,b, 10 show the stabilizers 19a-19d as extendable from the corresponding supports 20a-20d. Para. [0029]: “both wheeled 19a, 19b and un-wheeled 19c, 19d stabilizers housed in supports 20a-20d.” Lawton teaches the stabilizers being housed in, and therefore partially contained within, the supports.).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the parallel member of Ivanov by including the stabilizers of Lawton with the predicted result of widening the base and thereby improving the stability of the training system (see MPEP 2141(III)).
Regarding claim 5, the combination of Ivanov and Lawton as discussed above with regards to claim 1 teaches the physical therapy device of claim 1, wherein the one or more stability supports are extendable from the first cross-member (Lawton: Para. [0058]: “FIG. 2 depicts an enhanced view of the base 18, a support 20, an extending stabilizer 19.” Lawton teaches wherein the stabilizers 19a-d are extending stabilizers. Figs. 1 and 5a also show the stabilizers 19a-d extended from the supports 20a-d in Fig. 1 and pushed into the supports in Fig. 5a.).
Allowable Subject Matter
Claims 17-19, 21-24, 26-30, and 32-34 are allowed.
Claims 8-10 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach all of the structural and functional limitations of the claimed invention, further in view of the spring-loaded plate and wheels as required by claim 8 and the vertical configuration of the stanchions above the platform as required by claim 17.
The closest prior art of record includes Ivanov (US 2022/0387840), Lawton (US 2020/0101342), and Botts et al. (US 5,660,121, hereinafter Botts).
Regarding dependent claim 8, Ivanov in view of Lawton teaches the physical therapy device of claim 1. Ivanov fails to teach one or more first wheels coupled to the first support bracket; and a spring- loaded plate coupled to the first support bracket and comprising one or more second wheels, wherein the spring-loaded plate translates perpendicular to a surface the physical therapy device rests on in the unfolded configuration, and wherein the spring-loaded plate is bias to a direction opposite the one or more first wheels.
Claims 9-10 depend directly from claim 8.
Regarding independent claim 17, Botts teaches a physical therapy device (ramp section 12) configured for easy transporting and to transition from a folded configuration to an unfolded configuration (Figs. 1-2. The ramp sections 12 are capable of being used for physical therapy, such as for inclined walking to increase strength in a user’s legs. Fig. 5 shows the ramp section 12 in a storage position and on wheels for easy transporting.), the physical therapy device comprising: a platform (deck) comprising a first lengthwise side and a second lengthwise side opposite the first lengthwise side (Fig. 2); a first set of support brackets (mounting members 40) positioned on the first lengthwise side of the platform (Figs. 6, 7 show the mounting members 40 on the underside of the deck 14. Each mounting member 40 supports a respective leg 20. Figs. 2-3 show two legs 20 and thus two mounting members 40 at the first lengthwise side of the deck 14.); a second set of support brackets (mounting members 40) positioned on the second lengthwise side of the platform (Figs. 2-3 show two legs 20 and thus two mounting members 40 at the second lengthwise side of the deck 14.); a first cross-member perpendicular to the first lengthwise side and the second lengthwise side of the platform (Stationary framework 16 comprises four cross-members to create the rectangular frame for deck 14. Annotated Figs. 5-7 below show the cross-members perpendicular to the lengthwise sides.); a second cross-member perpendicular to the first lengthwise side and the second lengthwise side of the platform (Figs. 5, 6); wherein the first cross-member couples a first support bracket from the first set of support brackets to a second support bracket from the second set of support brackets, wherein the second cross-member couples a third support bracket from the first set of support brackets to a fourth support bracket from the second set of support brackets (Annotated Figs. 5, 7 below shows the mounting member 40 coupled to the cross-member. These cross-members couple the mounting members 40 to each other on the underside of the deck 14.), a first stanchion (folding leg 20) rotatably coupled to the first support bracket; a third stanchion (folding leg 20) rotatably coupled to the third support bracket; a second stanchion (folding leg 20) coupled to the second support bracket; and a fourth stanchion (folding leg 20) coupled to the fourth support bracket (Figs. 3-5 show four folding legs 20 coupled to corresponding mounting members 40. Figs. 4-5 show the folding legs 20 rotatably coupled to the mounting members 40 such that the legs can be folded and unfolded from under the deck 14.); wherein at least the first support bracket and the third support bracket each comprise a locking pin aperture configured to receive a locking pin (pin 44) (Fig. 6 shows a pin 44 extending through apertures in receiving portions 42 of the mounting member 40 and through the leg 20. Col. 3, lines 47-48: “A pivot pin 44 extends through the leg 20 and receiving portions 42 on the mounting member 40.” The pin 44 locks the leg 20 to the mounting member 40.).
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Botts fails to teach wherein, with respect to a ground plane when the physical therapy device is in the unfolded configuration, the first stanchion, the second stanchion, the third stanchion and the fourth stanchion extend vertically above the platform.
Claims 18-19, 21-24, 26-30, and 32-34 depend directly or indirectly from claim 17.
Response to Arguments
In view of Applicant’s amendments, Applicant’s arguments with respect to the 35 U.S.C. 102 rejections of claims 1 and 5 under Lawton (US 2020/0101342) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, and in view of Applicant’s amendments, a new grounds of rejection is made in view of Ivanov in view of Lawton. Ivanov teaches wherein the first cross-member is coupled directly to the bottom portion of the support bracket. See above with regards to the rejections of claims 1 and 5 under 35 U.S.C. 103.
Conclusion
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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