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 1-10, as filed on 04/18/2024, are currently pending and considered below.
Specification
The abstract of the disclosure is objected to because the abstract is over 150 words and contains reference numbers. 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 4-10 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot dependent from any other multiple dependent claims. See MPEP § 608.01(n). Accordingly, the claims 4-10 have not been further treated on the merits.
Claims listed below are objected to because of the following informalities (appropriate correction is required):
Claims 1-10: remove all reference numbers.
Claim 1, line 1 amend: “having” to ---comprising---.
Claim 1, line 2 amend: “can be” to ---configured to be---.
Claim 1, line 4 amend: “characterized in that” to ---wherein---.
Claim 2-5 amend: “characterized in that” to ---wherein---.
Claims 9-10 amend: “characterized by” to ---further comprising---.
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.
Claims 1-10 are 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 1, line 2 recites: “can be expanded. The phrase "can be" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). It is unclear if the limitation is required to meet the requirements of the claim. Applicant is suggested to amend the limitation to ---configured to be---.
Claim 1, line 5 recites: “consists of a composite of at least two different elastic materials”. The claim is rendered indefinite as it is unclear the metes and bounds of the claim. When the phrase "consisting of" appears in a clause of the body of a claim, rather than immediately following the preamble, there is an "exceptionally strong presumption that a claim term set off with ‘consisting of’ is closed to unrecited elements. In the present case “at least two different elastic materials” is opened ended and is capable of containing any number (two or more) of different elastic materials which are unrecited elements. Applicant is suggested to amend the limitation to ---consists of a composite of two different elastic materials--- or comprising a composite of at least two different elastic materials---.
An expander for training the muscles, having - an elastic element that can be expanded against its restoring force for the purpose of training, characterized in that the elastic element consists of a composite of at least two different elastic materials, wherein:
a first elastic material is instantiated as a closed line pattern with a staggered or non-staggered four-fold or with a six-fold unit cell, the closed line pattern being instantiated as boundary lines of the tiles of a tiling pattern, and wherein
another elastic material fills out the surfaces of the tiles.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Independent Claim 1, the prior art of record WO 2005049148 A2 fails to teach or render obvious the expander in combination with all of the elements and structural and functional relationships as claimed and further including:
the elastic element consists of a composite of at least two different elastic materials, wherein: a first elastic material is instantiated as a closed line pattern with a staggered or non-staggered four-fold or with a six-fold unit cell, the closed line pattern being instantiated as boundary lines of the tiles of a tiling pattern, and wherein another elastic material fills out the surfaces of the tiles
The prior art of record teaches an elastic element composed of one elastic material (gymnastics band 1 is made of the thermoplastic elastomer) with a close line pattern (honeycomb surface structure) with a staggered with a six-fold unit cell (six sided hexagonal polygons form a staggered honeycomb pattern with individual honeycombs having 6 sides), the closed line pattern being instantiated as a boundary lines of the tiles of a tiling pattern (the walls of the honeycomb structure form individual honeycombs forming boundary/borders of the respective honeycombs, in combination the honeycomb surface structure forms a honeycomb tiling pattern), which is not considered equivalent to applicant’s invention as a secondary elastic material does not fill out the surfaces of the tiles. Therefore, it would not have been obvious for one skilled in the art at the time of filing to modify the honeycomb structures to be formed of two different elastic materials 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.
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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.
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/ZACHARY T MOORE/Examiner, Art Unit 3784