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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Status of Claims
Claims 1-15 are pending in this application.
Oath/Declaration
The receipt of Oath/Declaration is acknowledged.
Drawings
The receipt of Drawings is acknowledged.
Claim Objections
Claims 2-14 are objected to because of the following informalities: In Claims 2-14, line 1, please change ***A customisable***to ***The customisable***. Appropriate correction is required.
Allowable Subject Matter
7. Claim 11 is 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.
8. The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 11:
The prior art(s) searched, cited and/or of record fails to explicitly teach, disclose or suggest the teaching(s) of a customisable exercise mat system according to claim 1, wherein the printer further comprises a roller flatbed and a vacuum for holding the mat precursor in place.
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(s) 1-3 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Calvaruso (US PG. Pub. 2018/0353800 A1)
Referring to Claim 1, Calvaruso teaches a customisable exercise mat system (See Calvaruso, Fig. 5, Yoga Mat Print System) for producing an exercise mat with surface markings customised based on individual customer selections (See Calvaruso, Sect. [0048] lines 1-11, the mat of the present invention, being customised according to anatomical dimensions of each individual enhances the ability of that individual to adopt the correct positioning and alignment of their various extremities on the mat in each of the poses performed during the yoga session. Having “landmarks” (i.e. surface markings) by which the user is able to orient themselves assist users with underdeveloped proprioception to adopt the correct postures, facilitating self-correction and also instruction by an instructor. The indicia on the mat can also enhance the ability of an individual to correctly perform a pose or position), the system comprising:
a customer input module (See Calvaruso, Fig. 5, Processor 220) for receiving customer selections (See Calvaruso, Fig. 5, Processor 220, Sect. [0088] lines 1-5, software programme may be executed on the processor 220 of an electronic device for receiving various anatomical measurements as set out for derivation of the corresponding location of the indicia about a mat.);
an output generator (See Calvaruso, Fig. 5, Server 250) for generating mat image data based on the customer's selections (See Calvaruso, Fig. 5, Sect. [0088] lines 6-12, The measurements may be stored in a data store 230 and displayed on the screen 240 in the software program, or provided as entries in a web page. These measurements may be transmitted across a network, such as the internet 245 to a server 250. On the server there is a processor which receives the measurements across the interface 270 and which may store the measurements in a data store 290.);
a printer (See Calvaruso, Fig. 5, Printer 295) for printing the surface markings onto a mat precursor based on the mat image data for producing the customised exercise mat (See Calvaruso, Sect. [0089], The yoga mat anatomical measurements may be transmitted to a printer in an appropriate file format 292 for forming the indicia (i.e. surface markings) on the yoga mat, preparation of a stencil or other means of forming the indicia at the predetermined locations.).
Referring to Claim 2, Calvaruso teaches a customisable exercise mat system according to claim 1 (See Calvaruso, Fig. 5, Yoga Mat Print System), wherein the exercise mat is a yoga mat and one or more of the surface markings are used for user alignment during yoga poses (See Calvaruso, Sect. [0082], locating the indicia about the mat at distances corresponding to the anatomical distances of the user for which the mat has been prepared, a plurality of these poses can be performed with the indicia guiding the user to perform the pose with the correct posture and alignment of the extremities of the body in contact with the mat.).
Referring to Claim 3, Calvaruso teaches a customisable exercise mat system according to claim 1 (See Calvaruso, Fig. 5, Yoga Mat Print System), wherein the customer input module for receiving customer selections comprises a user interface for receiving selections from a plurality of option categories (See Calvaruso, Sect. [0087]-[0088] lines 1-5, a software programme and system configured to receive the various anatomical dimensions of the user is shown in FIG. 5, where the software programme may be executed on the processor 220 of an user interface electronic device such as a tablet computer, mobile phone or desktop computer 210, receiving the various anatomical measurements as set out for derivation of the corresponding location of the indicia about a mat.).
Referring to Claim 14, Calvaruso teaches a customisable exercise mat system according to claim 1 (See Calvaruso, Fig. 5, Yoga Mat Print System), wherein the printer further comprises a curing element for curing the mat once the ink has been deposited on its surface (See Calvaruso, Sect. [0024], the indicia are formed on or in the mat by marking, printing, chemical etching, mechanical ablation, deposition or applying ink to a stencil providing the location of the indicia.).
Referring to Claim 15, arguments analogous to claim 1 are applicable herein. The structural elements of “a customizable exercise mat system” in claim 1 perform all of the operations of “A method” in claim 15. Thus, “A method” in claim 15 is rejected for reasons explicitly taught in the rejection of claim 1.
Claim Rejections - 35 USC § 103
12. 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.
13. 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.
14. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
15. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.obviousness or nonobviousness.
Claims 4-10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cal Calvaruso (US PG. Pub. 2018/0353800 A1) in view of Hing (US PG. Pub. 2015/0251045 A1).
Referring to Claim 4, the combination of Calvaruso in view of Hing teaches a customisable exercise mat system according to claim 3 (See Calvaruso, Fig. 5, Yoga Mat Print System).
Calvaruso fails to explicitly teach
wherein the plurality of option categories include at least one of:
surface colour, theme, indicator design, and indicator colours, degree alignment guides, end to end line alignment guides, reverse points alignment guides, topper features, and customer name, monogram or slogan.
However, Hing teaches
wherein the plurality of option categories include at least one of:
surface colour, theme, indicator design, and indicator colours, degree alignment guides, end to end line alignment guides, reverse points alignment guides, topper features, and customer name, monogram or slogan (See Hing, Figs 3A-3B, Color Indicators: Blue 32A, Green 32B, Red 32C, Sect. [0050] lines 15-30, As the liquid crystals are heated up to the turn different colors 32A, 32B, 32C within different temperature ranges. The differing colors 32A, 32B, 32C created by the intensity of mat connection can provide visual information of the quality of the body part's coverage and connection to the mat. As shown the blue color 32A can indicate a higher temperature range which, in turn, can designate that the hand was applied to the mat with greater pressure there and thus a greater heat transfer. Similarly, the green color 32B can indicate a mid-range temperature range and the red color 32C can indicate a lower range temperature range. The lower heat transfer at the indicated locations for the green color 32B and the red color 32C can mean that the body part was applied with less pressure or contact. In some cases as here, the lower heat transfer may be due to a lower heat in the body part extremity, for example, due to a lower amount of blood flow in that area.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Calvaruso to incorporate the teachings of Hing to provide wherein the plurality of option categories include at least one of: surface colour, theme, indicator design, and indicator colours, degree alignment guides, end to end line alignment guides, reverse points alignment guides, topper features, and customer name, monogram or slogan. Doing so would provide an exercise mat, such as yoga mat, and systems of exercise mats that provide visual cues and/or different levels of grip to optimize a user's connection to the mat and systems and methods related to the exercise mats, as recognized by Hing.
Referring to Claim 5, the combination of Calvaruso in view of Hing teaches a customisable exercise mat system according to claim 1 (See Calvaruso, Fig. 5, Yoga Mat Print System).
Calvaruso fails to explicitly teach
wherein the surface markings comprise a plurality of customisable zones and the customer selections designate colours to be applied to those customisable zones in the generated mat image data.
However, Hing teaches
wherein the surface markings comprise a plurality of customisable zones and the customer selections designate colours to be applied to those customisable zones in the generated mat image data (See Hing, Sect. [0067] lines 1-7, beneath the heat-activated connect surface of the top protective layer is a layer of heat-sensitive imaging materials, such as thermochromic inks, dyes, pigments or heat-sensitive liquid crystals designed to change color at specific temperatures to provide specific visual information for the yoga practitioner of the quality of body part connection to the yoga mat.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Calvaruso to incorporate the teachings of Hing to provide wherein the surface markings comprise a plurality of customisable zones and the customer selections designate colours to be applied to those customisable zones in the generated mat image data. Doing so would provide an exercise mat, such as yoga mat, and systems of exercise mats that provide visual cues and/or different levels of grip to optimize a user's connection to the mat and systems and methods related to the exercise mats, as recognized by Hing.
Referring to Claim 6, the combination of Calvaruso in view of Hing teaches a customisable exercise mat system according to claim 5 (See Calvaruso, Fig. 5, Yoga Mat Print System), wherein each of the plurality of customisable zones includes one or more predefined modular component alignment guides (See Calvaruso, Sect. [0048] lines 1-6, the mat being customised according to anatomical dimensions of each individual enhances the ability of that individual to adopt the correct positioning and alignment of their various extremities on the mat in each of the poses performed during the yoga session.).
Calvaruso fails to explicitly teach
wherein the customer selections designate the precise combination of the modular component alignment guides and/or the colours to be applied to those alignment guides.
However, Hing teaches
wherein the customer selections designate the precise combination of the modular component alignment guides and/or the colours to be applied to those alignment guides (See Hing, Sect. [0038] lines 9-15, The thermochromic substance can be selected based on the temperature range and exposure time desired for providing the visual feedback of the changed property which is usually a change of color or disappearance of color from the thermochromic substance. The heat-sensitive imaging layer 14 can comprise at least one of thermochromic inks, dyes, pigments, or liquid crystals that can be applied on the top surface 15 to the base layer 12 of exercise mat 20.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Calvaruso to incorporate the teachings of Hing to provide wherein each of the plurality of customisable zones includes one or more predefined modular component alignment guides, and wherein the customer selections designate the precise combination of the modular component alignment guides and/or the colours to be applied to those alignment guides. Doing so would provide an exercise mat, such as yoga mat, and systems of exercise mats that provide visual cues and/or different levels of grip to optimize a user's connection to the mat and systems and methods related to the exercise mats, as recognized by Hing.
Referring to Claim 7, the combination of Calvaruso in view of Hing teaches a customisable exercise mat system according to claim 5 (See Calvaruso, Fig. 5, Yoga Mat Print System).
Calvaruso fails to explicitly teach
wherein the plurality of customisable zones and the modular component alignment guides to be fit within those zones correspond to vector elements in the mat image data.
However, Hing teaches
wherein the plurality of customisable zones and the modular component alignment guides to be fit within those zones correspond to vector elements in the mat image data (See Hing, Fig. 2B, Sect. [0041] lines 6-22, the exercise mat 30 can be used for practicing yoga and can comprise a base layer 12 having a top surface 15 and a bottom surface that can form the bottom surface 30B of the exercise mat 30. The exercise mat 30 can also comprise a heat-sensitive imaging layer 14 on the top surface 15 of the base layer 12. As above, the heat-sensitive imaging layer 14 can comprise one or more thermochromic substances that permit registration of placement of one or more body parts of a practitioner that are positioned against the exercise mat 30. For example, the heat-sensitive imaging layer 14 can comprise at least one of thermochromic inks, dyes, pigments, or liquid crystals. The exercise mat 30 can further comprise a top protective layer 16 that has a top outer surface 18 and a bottom inner surface 22. The top outer surface 18 of the top protective layer 16 can also serve as the top outer surface 30A of the exercise mat 30 that a practitioner contacts during use of the exercise mat 30.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Calvaruso to incorporate the teachings of Hing to provide wherein the plurality of customisable zones and the modular component alignment guides to be fit within those zones correspond to vector elements in the mat image data. Doing so would provide an exercise mat, such as yoga mat, and systems of exercise mats that provide visual cues and/or different levels of grip to optimize a user's connection to the mat and systems and methods related to the exercise mats, as recognized by Hing.
Referring to Claim 8, the combination of Calvaruso in view of Hing teaches a customisable exercise mat system according to claim 7 (See Calvaruso, Fig. 5, Yoga Mat Print System).
Calvaruso fails to explicitly teach
wherein the customer selections designate colours to be applied by applying a colour code to the vector elements.
However, Hing teaches
wherein the customer selections designate colours to be applied by applying a colour code to the vector elements (See Hing, Figs. 3A-3B, Blue 32A, Green 32B, Red 32C, Sect. [0050] lines 15-28, As the liquid crystals are heated up to the turn different colors 32A, 32B, 32C within different temperature ranges. The differing colors 32A, 32B, 32C created by the intensity of mat connection can provide visual information of the quality of the body part's coverage and connection to the mat. As shown the blue color 32A can indicate a higher temperature range which, in turn, can designate that the hand was applied to the mat with greater pressure there and thus a greater heat transfer. Similarly, the green color 32B can indicate a mid-range temperature range and the red color 32C can indicate a lower range temperature range. The lower heat transfer at the indicated locations for the green color 32B and the red color 32C can mean that the body part was applied with less pressure or contact.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Calvaruso to incorporate the teachings of Hing to provide wherein the customer selections designate colours to be applied by applying a colour code to the vector elements. Doing so would provide an exercise mat, such as yoga mat, and systems of exercise mats that provide visual cues and/or different levels of grip to optimize a user's connection to the mat and systems and methods related to the exercise mats, as recognized by Hing.
Referring to Claim 9, the combination of Calvaruso in view of Hing teaches a customisable exercise mat system according to claim 1 (See Calvaruso, Fig. 5, Yoga Mat Print System).
Calvaruso fails to explicitly teach
wherein the printer comprises a latex printer for printing latex ink onto the surface of a mat precursor.
However, Hing teaches
wherein the printer comprises a latex printer for printing latex ink onto the surface of a mat precursor (See Hing, Sect. [0043] lines 9-1, the top protective layer 16 can comprise a closed cell clear polymer. For example, the top protective layer 16 can comprise at least one of polyurethane (PU), natural rubber, latex silicon rubber and synthetic rubber.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Calvaruso to incorporate the teachings of Hing to provide wherein the printer comprises a latex printer for printing latex ink onto the surface of a mat precursor. Doing so would provide an exercise mat, such as yoga mat, and systems of exercise mats that provide visual cues and/or different levels of grip to optimize a user's connection to the mat and systems and methods related to the exercise mats, as recognized by Hing.
Referring to Claim 10, the combination of Calvaruso in view of Hing teaches a customisable exercise mat system according to claim 1 (See Calvaruso, Fig. 5, Yoga Mat Print System).
Calvaruso fails to explicitly teach
wherein the printer comprises a mat precursor selector for selecting a mat precursor from a plurality of mat precursor types based on the mat image data.
However, Hing teaches
wherein the printer comprises a mat precursor selector for selecting a mat precursor from a plurality of mat precursor types based on the mat image data (See Hing, Sect. [0039], the types of thermochromic substances used can be selected based on the construction of the exercise mat, the type of exercise or yoga to be practiced, the appearance of the changed thermochromic substance, and/or the temperature at which the exercise or yoga is to be practiced. For example, the type of thermochromic substances may be different for a yoga mat used for Vinyasa Yoga as compared to Hatha Yoga or Ashtanga Yoga based on the time it takes the thermochromic substance to change appearance. Similarly, the type of thermochromic substances may be different for a yoga mat used for Bikram, or Hot, Yoga as compared to Hatha Yoga or Ashtanga Yoga due to the needed temperature range for the change in appearance in the mat based on the temperature in which the yoga is practiced. Thus, in some embodiments, different thermochromic substances can be used based on the environments in which the mat is intended to be used, such hot, temperate, or cold environments, and other situational factors.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Calvaruso to incorporate the teachings of Hing to provide wherein the printer comprises a latex printer for printing latex ink onto the surface of a mat precursor wherein the printer comprises a mat precursor selector for selecting a mat precursor from a plurality of mat precursor types based on the mat image data. Doing so would provide an exercise mat, such as yoga mat, and systems of exercise mats that provide visual cues and/or different levels of grip to optimize a user's connection to the mat and systems and methods related to the exercise mats, as recognized by Hing.
Referring to Claim 12, the combination of Calvaruso in view of Hing teaches a customisable exercise mat system according to any preceding claim 1 (See Calvaruso, Fig. 5, Yoga Mat Print System).
Calvaruso fails to explicitly teach
wherein the printer is configured to deposit an ink base layer over regions of the mat precursor surface designated to be printed on by surface markings base based on the received mat image data, before printing the surface markings.
However, Hing teaches
wherein the printer is configured to deposit an ink base layer over regions of the mat precursor surface designated to be printed on by surface markings base based on the received mat image data, before printing the surface markings (See Hing, Sect. [0040] lines 1-9, the heat-sensitive imaging layer 14 can also comprise a print-receiving substrate on which the thermochromic inks, dyes, pigments, or liquid crystals are printable. For example, the print-receiving substrate can comprise one of cloth fabric, plastic fiber fabric, plastic film and paper. The heat-sensitive imaging layer can comprise an encapsulation layer that encapsulates the thermochromic substance, such as liquid crystals therein.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Calvaruso to incorporate the teachings of Hing to provide wherein the printer is configured to deposit an ink base layer over regions of the mat precursor surface designated to be printed on by surface markings base based on the received mat image data, before printing the surface markings. Doing so would provide an exercise mat, such as yoga mat, and systems of exercise mats that provide visual cues and/or different levels of grip to optimize a user's connection to the mat and systems and methods related to the exercise mats, as recognized by Hing.
Referring to Claim 13, the combination of Calvaruso in view of Hing teaches a customisable exercise mat system according to claim 1.
Calvaruso fails to explicitly teach
wherein the printer is configured to heat-fuse the ink onto the mat material.
However, Hing teaches
wherein the printer is configured to heat-fuse the ink onto the mat material (See Hing, Sect. [0040] lines 1-, the heat-sensitive imaging layer 14 can also comprise a print-receiving substrate on which the thermochromic inks, dyes, pigments, or liquid crystals are printable.).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Calvaruso to incorporate the teachings of Hing to provide wherein the printer is configured to heat-fuse the ink onto the mat material. Doing so would provide an exercise mat, such as yoga mat, and systems of exercise mats that provide visual cues and/or different levels of grip to optimize a user's connection to the mat and systems and methods related to the exercise mats, as recognized by Hing.
Cited Art
17. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure Boghosian (US PG. Pub. 2018/0353799 A1) discloses a method of printing on elastomer material and related article is provided, resulting in an epoxidized elastomeric (EEM) layer having a color image retained with high color density, high colorfastness, and low color migration, resulting in an image capable of rendering and maintaining sharp detail. The EEM layer is configured to be receptive of and to retain color dye(s), e.g., particularly via sublimation. To that end, the EEM layer has an epoxidized elastomeric material, compounded of an elastomer and an epoxy of a prescribed amount.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL V DOTTIN whose telephone number is (571)270-5471. The examiner can normally be reached M-F 9am-5pm.
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, Abderrahim Merouan can be reached on 571-270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARRYL V DOTTIN/Primary Examiner, Art Unit 2683
/DARRYL V DOTTIN/Primary Examiner, Art Unit 2683
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