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 .
Status of Claims
Claims 1-9, as filed on 03/25/2024, are currently pending and considered below.
Claim Objections
Claims listed below are objected to because of the following informalities (appropriate correction is required):
Claims 1-9: remove reference numbers
Claim 1, line 9 amend: “the lower portion” to ---a lower portion---.
Claim 2, line 2 amend: “worn on the user’s waist” to ---configured to be worn on the user’s waist---.
Claim 3, line 10 amend: “moving wheels” to ---the moving wheels---.
Claim 4, line 8 amend: “to support” to ---configured to support---.
Claim 4, line 13 amend: “to support” to ---configured to support---.
Claim 4, line 15 amend: “so that the user can pull” to ---configured such that the user can pull---.
Claim Rejections - 35 USC § 112
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.
Claim 4 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor.
Claim 4, line 5 recites: “corresponding to the height adjustment holes of the vertical frames”. There is a lack of antecedent basis for this limitation within the claim. The height adjustment holes are recited in claim 3 wherein claim 4 is dependent on claim 1 and does not include the limitations of claim 3. Applicant is suggested to either amend claim 4 to be dependent on claim 3 or to amend the limitation to ---corresponding to height adjustment holes on the vertical frames---.
Claim 4, lines 10 and 12 recites: “vertical frames”. It is unclear if these vertical frames are the same vertical frames previously recited or a different set of vertical frames. In view of applicant’s specifications these seem to be different vertical frames that share the same name. Applicant is suggested to amend the limitation to ---a second set of vertical frames--- and ---the second set of vertical frames--- respectively.
Claim Rejections - 35 USC § 102
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 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 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 1 is rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 20100170546 A1 (Popovic et al; henceforth Popovic).
Regarding Independent Claim 1, Popovic discloses a rehabilitation exercise apparatus for a spine and knees (Figure 6), the rehabilitation exercise apparatus comprising:
a body member (telescopic rods 8,9 with profile 20)) configured such that moving wheels (front wheels 36) are installed at bottoms of a pair of vertical frames (telescopic rods 9) spaced apart from each other by a predetermined distance (see Figure 6 wherein the rods 9 and the front wheels 36 are spaced onto respective left and right sides of the device a set distance apart);
PNG
media_image1.png
336
374
media_image1.png
Greyscale
Figure 6
a load-support member (suspension elements 21) coupled to the pair of vertical frames in a height-adjustable manner (suspension element 21 change in length allowing for height adjustment of a lumbar belt 23), and coupled to the vertical frames to support a user's upper body (via connection points 7; the user’s body is supported by belt 23 alleviating weight via lifting from the device);
and a weight member (weight 22) installed on one side of the lower portion of the body member (installed on metal profile 20 of the body member) so at weights corresponding to a weight of the user's upper body (“The massive profiles (20) are designed in manner that allows detaching, but also include space for additional weight (22) when this becomes necessary for taller and higher individuals for increased safety and stability of the platform” Paragraph 59; the additional weight corresponds to a center of mass/weight location of the user) can be transmitted to the load support member (via the rods and connection points) as the load support member is rotated by a predetermined angle (“joint element (10) comprises an L element (11), that is led by the mechanism shown in FIG. 3 and screw (12) is fixed to the top frame (6) and allows adjustments by rotating around the screw (12)” Paragraph 55; the angle of rotation is predetermined to be rotation about the axes through screw 12 located at one end of the suspension elements 21).
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 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over US 20100170546 A1 (Popovic et al; henceforth Popovic) in further view of US 10864132 B1 (Bingham) and US 8663136 B1 (Alsaffar).
Regarding Claim 3, Popovic discloses the invention as substantially claimed, see above. Popovic further discloses the rehabilitation exercise apparatus of claim 1, wherein the body member includes:
the first vertical frame formed vertically, and configured such that a height adjustment mechanism (securing mechanism 18) to enable coupling of the load support member to an upper portion thereof (securing mechanism allowing for adjustment of length of the telescopic rods 8,9 allowing for coupling of the suspension element 21 to an upper end of the rods 9);
the second vertical frame formed vertically, and configured such that a height adjustment mechanism (securing mechanism 18) to enable coupling of the load support member to an upper portion thereof (securing mechanism allowing for adjustment of length of the telescopic rods 8,9 allowing for coupling of the suspension element 21 to an upper end of the rods 9);
lower horizontal frames (symmetrical metal profiles 20) fixed to front surfaces of the vertical frames (see Figure 6 wherein the front and rear surfaces of the vertical rods 9 are fixed to respective symmetrical metal profiles 20);
the moving wheels rotatably coupled to the lower horizontal frames (see Figure 6 for front wheels 36 fixed below rods 9);
and auxiliary wheel unit (rear wheel 36 fixed below rod 8) installed to be movable along a ground together with the moving wheels as the body member is pulled by a predetermined angle (all wheels are in contact with the ground surface allowing for movement of the device along the ground).
Popovic does not disclose each of the vertical frame configured such that a plurality of height adjustment holes is formed at regular height intervals to enable coupling of the load support member to an upper portion thereof; and the auxiliary wheel unit being more than one wheel.
Bingham teaches an analogous exercise device in the same field of endeavor solving the same issue of telescopic adjustable rods comprising:
a pair of vertical frames (a pair of vertical members 34) configured such that a plurality of height adjustment holes (first section holes 36, Figure 2) are formed at regular height intervals (see Figure 2) to enable length adjustments of the vertical frames (locking member 40 selectively locks into respective holes allowing for lengthwise adjustment of the vertical members 34).
It would have been obvious for one skilled in the art at the time of filing to modify the securing mechanism to be a plurality of height adjustment holes with a selective locking member, as taught by Bingham, in order to allow the user to quickly selective different heights without adjusting a screw.
Popovic as modified discloses the invention as substantially claimed, see above. Popovic does not disclose wherein the auxiliary wheel unit is a plurality of auxiliary wheel units.
Alsaffar teaches an analogous exercise device in the same field of endeavor solving the same issue of providing a wheel support assembly to alleviate weight off a user comprising:
the moving wheels (rear wheels 36, Figure 3 Annotated) rotatably coupled to the lower horizontal frames (lower bar of support frame 30);
and auxiliary wheel units (front wheels 36, Figure 3 Annotated) installed to be movable along a ground together with the moving wheels as the body member is pulled by a predetermined angle (all wheels are in contact with the ground surface allowing for movement of the device along the ground).
It would have been obvious for one skilled in the art at the time of filing to modify Popovic’s device to include additional auxiliary wheel units, as taught by Alsaffar, in order to provide additional points of contact of the frame to prevent tipping.
PNG
media_image2.png
478
431
media_image2.png
Greyscale
Figure 3: Annotate
Allowable Subject Matter
Claims 2 and 5-9 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.
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
Regarding claim 2, the prior art of record US 20100170546 A1 (Popovic et al; henceforth Popovic) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including a wire traction member installed on the body member to lift the weight member more safely.
The prior art of record teaches discloses weights 22 fixed on profile 20, which are not considered equivalent to applicant’s invention as they two structures do not move relative to each other nor would it be obvious for one skilled in the art at the time of filing to modify the weight 22 and profile 20 to be attached to a wire traction member without improper hindsight.
Regarding claim 4, the prior art of record US 20100170546 A1 (Popovic et al; henceforth Popovic) in further view of US 10864132 B1 (Bingham) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including: a second set of vertical frames fixed in the vertical direction to first ends of the lower support frames
The prior art of record teaches the invention as substantially claimed, see above. Popovic further discloses a height adjustment mechanism of the vertical frames (locking mechanism 18 which allows for selective lengthwise adjustment of the vertical frames). Popovic does not disclose wherein the load support member includes: a pair of height adjustment frames coupled to the vertical frames, and provided with a plurality of height adjustment holes that are formed at regular intervals corresponding to height adjustment holes of the vertical frames; a pair of lower support frames extending to first sides of the height adjustment frames, and fixed in a horizontal direction to the height adjustment frames to support the user's arms; vertical frames fixed in the vertical direction to first ends of the lower support frames; a pair of shoulder support frames fixed to top ends of the vertical frames to support the user's shoulders so that they are located above the lower support frames; and a front grip frame formed between the pair of shoulder support frames in an integrated form so that the user can pull the body member and the weight member.
Bingham teaches an analogous exercise device in the same field of endeavor solving the same issue of providing support to reduce weight upon a user comprising:
a pair of height adjustment frames (vertical members 34) coupled to vertical frames (legs 16, 32 via coupler 22), and provided with a plurality of height adjustment holes (holes of first section 36, Figure 1-4) that are formed at regular intervals (see Figure 1); a pair of lower support frames (left and right lateral members 24) extending to first sides (rear side) of the height adjustment frames (see Figure 3 wherein the lateral members 24 extend to the rear side of the device), and fixed in a horizontal direction to the height adjustment frames (see Figure 3) to support the user's arms (lateral members 24 are rods configured to support the user’s arms via locking the frame into position and providing lateral rod shaped handholding positions).
The prior art of record as modified does not disclose a second set of vertical frames and likewise discloses that the height adjustment frames comprise a pair of shoulder support frames fixed to top ends of the height adjustment frames and not the second set of vertical frames. Therefore, it would not have been obvious for one skilled in the art at the time of filing to modify the device with a second set of vertical frames without improper hindsight and it would be further hindsight and improper modification of a teaching reference to have the shoulder support frames fixed to the second set of vertical support frames.
Regarding claim 5, the prior art of record US 20100170546 A1 (Popovic et al; henceforth Popovic) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including:
angle adjustment holes formed in the angle adjustment frames; a rotation frame fixed to the vertical frames of the body member; a rotation axis coupled to the rotation frame so that the angle of the angle adjustment frame can be adjusted.
The prior art of record does not disclose an angle adjustment hole formed in an angle adjustment frame nor a rotation frame fixed to the vertical frame of the body member. It would not have been obvious for one skilled in the art at the time of filing to modify the structure to include an angle adjustment frame and a rotation frame without improper hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T MOORE whose telephone number is (571)272-0063. The examiner can normally be reached Monday - Thursday 8:00am - 4:00pm EST.
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.
/ZACHARY T MOORE/Examiner, Art Unit 3784