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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. In addition, acknowledgment is made to the instant application’s status as a 371 of PCT/ES2022/070776. As such the earliest date of priority of 12/01/2021 is granted to the instant application.
Response to Amendment
The amendments have been sufficient to overcome the claim objections, and rejections under 35 USC 112(b) present in the previous Final Action.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference number "23". Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-3,6,8,10-14, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Braier et al. US 20160220863 A1, and further in view of Tcaciov WO 2017171534 A1.
Regarding claim 1:
Braier discloses a finger exercising device for the training, warming up, or rehabilitation of muscles, tendons, and pulleys of a phalanx (See abstract which describes a hand strength appliance that may be used in multiple configurations for grip and pinch strength assessment/exercises), comprising: a base (frame 51) defining a longitudinal direction, a transverse direction, and a sagittal direction orthogonal to one another (See annotated figure 1, and with the frame having a three dimensional shape the body of the device inherently includes a longitudinal, transverse, and sagittal direction orthogonal to each other) and a front face perpendicular to the sagittal direction (See annotated figure 1), the base comprising at least one longitudinal guide (Channel 55) extending in the longitudinal direction (See figure 1); a carpal support (Handle end 52), associated with the base (See figure 1 where handle 52 is connected to the bottom of base 51), and configured to support the base of the palm of the hand where the carpal bones are located (The examiner notes that paragraph [0058] outlines how the handle supports the palm of the user which is where the carpal bones are.); at least one distal phalangeal support (bar 57 which is part of the internal handle 54), associated with the base (See figure 1) the distal phalangeal support being guided by the at least one longitudinal guide (“In the embodiment shown in FIGS. 1-4, internal handle 54 slides within a channel 55 on the interior of the arms 56 of the frame 51.” See paragraph [0044]) and configured to allow a relative sliding between the carpal support and the distal phalangeal support in the longitudinal direction along a travel distance between a maximum extension position and a minimum extension position (The examiner notes that Figures 6-8 and paragraph [0047] outline and depict the distal phalangeal support sliding between a maximum and minimum extension position relative to the longitudinal direction of the frame of the exercise device); at least one elastic element configured to offer elastic resistance to the sliding, in the longitudinal direction, of the at least one distal phalangeal support (“As explained below, resistance elements may include a number of devices or assemblies alone or in combination, including for example, a force sensor assembly 85, a force sensing device 90, an elastic member, resistance cables e.g., 140, 141, 144), anchoring inserts for testing (e.g. positioning cables 150 or anchoring inserts 120), or other devices and assemblies providing anchoring or resistance within the appliance.” See paragraph [0044].)
Braier fails to teach that the distal phalangeal support is configured to define a concave distal phalangeal seating to support the ends of the fingers where the distal phalanges are located; that the carpal support defines a concave carpal seating that is elongated in the transverse direction and has a concave cross-section in a plane perpendicular to the transverse direction, the concave carpal seating being defined between bordering portions of a sagittal carpal surface, facing the sagittal direction, and of a longitudinal carpal surface, facing the longitudinal direction, the bordering portion of the longitudinal carpal surface being disposed closer to the distal phalangeal support than the corresponding bordering portion of the sagittal carpal surface, forcing an arched, or semi-arched, grip of a hand in a climbing position, between the concave carpal seating and the concave distal phalangeal seating.
The examiner notes that Braier does teach the carpal seating that elongated in the transverse direction (See annotated figure 1 which depicts handle end 52 which as stated above is the carpal support with the entire length being the carpal seating) and longitudinal carpal surface being disposed closer to the distal phalangeal support than the sagittal carpal surface (See annotated figure 1) and being disposed adjacent to the sagittal carpal surface (The examiner notes that since the structure is a 3 dimensional shape with no breaks or separations in it the surfaces are inherently adjacent), and configured to force an arched, or semi-arched, grip of a hand between the carpal seating and the phalangeal seating (The examiner notes that the inclusion of phrase “or” in the list of options requires only one of the options included is necessary, and as the user allows the phalangeal seating/ handle to move between the maximum closest distance position to the handle end 52 and the furthest position, the hand position for the users grip would inherently be either an arched or semi-arched climbing position as the users fingers must curl, and the palm must curve in order to grip the handle during use.) but that they are specifically concave in shape is not taught.
[AltContent: connector][AltContent: textbox (Longitudinal carpal surface which ends is closer to the distal phalangeal support than the sagittal surface)][AltContent: arrow][AltContent: textbox (Transverse direction)][AltContent: arrow][AltContent: textbox (Sagittal direction (The thickness of the body))][AltContent: textbox (Longitudinal direction)][AltContent: arrow][AltContent: arrow]
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Tcaciov, however, teaches apparatus and equipment for physical training, more particularly to exercising apparatus for developing or strengthening the muscles or joints by working against a counterforce, and specifically to apparatus for finger and hand development (See abstract), and further teaches the distal phalangeal support is configured to define a concave distal phalangeal seating to support the ends of the fingers where the distal phalanges are located (See figure 1 which depicts carriage 4 with seat 8 which is concave and meant to support the fingers being exercised as discussed on page 4 of the translated description); that the carpal support defines a concave carpal seating that has a concave cross-section in a plane perpendicular to the transverse direction (See annotated figure 1), the concave carpal seating being defined between bordering portions of a sagittal carpal surface, facing the sagittal direction (See figure 1. The examiner notes that due to the lack of direction from the drawings, see drawing objection above, that the sagittal carpal surface is the width or thickness of the structure and since it is depicted to have the concavity in the side view as shown in figure 1 the concave carpal seating must be defined between bordering portions of a sagittal carpal surface as the device is a single unit and the body contains the entire dimensions of the structure.), and of a longitudinal carpal surface, facing the longitudinal direction (See figure 2. The examiner notes that due to the lack of direction from the drawings, see drawing objection above, that the longitudinal carpal surface is the height of the concave portion of the carpal surface as the device is a single unit and the body contains the entire dimensions of the structure, as the concave portion depicted in the figures of the instant application are bound to the height of the carpal seating and does not follow onto any other part of the body of the device.).
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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 shapes of the distal phalangeal support and the carpal phalangeal support to be concave as taught by Tcaciov, in order to create a more comfortable gripping surface for the user, and alleviate unwanted pressure on the fingers and palm, as well as to help force the user’s grip position into the proper climbing grip position by allowing room for the user’s wrist to flex as they arch their grip during use.
Regarding claim 2:
Braier as modified discloses the exercising device according to claim 1 comprising a control device (force sensing device 90) comprising a memory configured to store the information received by the control device (Paragraph [0053] outlines the components included in the force sensing device 90, one of which is a CPU 13 that includes on-board memory which stores a history of force readings), connected to at least one measuring device (force sensor 111) comprising at least one of the following (The examiner notes that the phrase “at least one of the following” preceding a list of options requires that only one is necessary for the invention): a strain sensor configured to determine a force exerted by the user when moving the distal phalangeal support (“Body 91 may include a force sensor 111 or load cell such that tension between the base section 94 and the socket section 95 and thus on the force sensor 111 therein, results in a measurable signal, thus resulting in test position data or exercise data, representative of the force between the base section 94 and the socket section 95.” See paragraph [0051].”), a movement sensor configured to determine a movement made by the distal phalangeal support and a configuration sensor configured to detect at least one setting of the exercising device selected by the user (“Data transmitted may include test position data from various grip or pinch strength testing positions or may include exercise data from different exercises or exercise routines.” See paragraph [0053], with paragraph [0008] outlining in a broader sense how the system tracks the different test positions the user performance the grip strength tests and pinch tests, which show that there is a sensor in the system that tracks the position the handle is in which is a setting selecting by the user)
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Regarding claim 3:
Braier as modified discloses the exercising device according to claim 2, wherein the configuration sensor is selected from an elastic element tension adjustment sensor, a sensor configured to detect the minimum extension position or the maximum extension position of the travel distance, a detector configured to detect a fixing position of the carpal supports or of the distal phalangeal supports (The examiner notes that as stated above in the rejection of claim 2 the system is able to track the position of the handle along its 5 possible test positions and when it is in the pinch position in order to accurately collect data related to the forces the user exerts on the force sensor and transmits this position data to the software on computing device 110, which shows that there is a detector configured to detect the fixing position of the carpal or phalangeal supports), or an identification sensor configured to identify, from among the various selectable supports, the distal phalangeal support actually fixed to the exercising device at the time of performing an exercise.
Regarding claim 6:
Braier as modified discloses the exercising device according to claim 2, wherein the control device comprises an interface (display interface 109) configured to display at least one of the following data (“A display interface 109 and accompanying software may also be used to collect data regarding exercises performed using the appliance 50 and to store data from both testing and exercise, thus allowing the force sensing device 90 to be used to track progress towards goals or to provide data back to a therapist or coach.” See paragraph [0059]): the information received by the control device (“As shown in FIG. 22, data displayed and tracked may include, but is not limited to, peak force, average force, work, fatigue, power, time held above target, average power, coefficient of variable, etc., so performance data may be viewed as it occurs. Alternatively, or in addition, data can be downloaded or saved for later use.” See paragraph [0059]), and the information stored in the memory (See citation of paragraph [0059 above regarding the storing data from testing and exercise), or the interface configured to input at least one of following data: input information to the control device, input information to the control device selected from user identification information, or geographic location information.
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Regarding claim 23:
Braier as modified discloses the exercising device according to claim 2 wherein the control device comprises a communication antenna or a data connection port (communications module 115, with paragraph [0053] describing it as such, “The resulting data is then provided from the CPU 113 to the communications module 115, which translates the data into a transmittable signal for communication to a computing device 110 via a wireless transmitter 116 and/or via a wired port 117.”).
Regarding claim 8:
Braier as modified teaches the device according to claim 1 wherein the concave distal phalangeal seating comprises a bulbed shape (See figure 10 of Braier which depicts the concave/bulbed shape of the distal phalangeal support, which the examiner notes that “bulbed” is not further defined in the specification so the bulbed shape is being considered as inherent to the concave shape of the finger bar of the invention, so the bulbous curved surface shown in figure 10 is being considered as bulbed) or an irregular roughness; or (The examiner notes that the inclusion of the phrase “or”, in between the two sets of options requires that only of the two sets of options are required for the invention); the concave distal phalangeal seating is defined between a longitudinal distal phalangeal surface facing the longitudinal direction and a sagittal distal phalangeal surface, facing the sagittal direction, or a sagittal distal phalangeal surface defined by the front face of the base adjacent to one another; the sagittal carpal surface and the distal phalangeal surfaces being coplanar with one another (See figure 1); or the concave distal phalangeal seating is facing the sagittal direction and providing at least one frictional distal phalangeal seating.
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Regarding claim 10:
Braier as modified discloses the exercising device according to claim 1, wherein the carpal support or the distal phalangeal support can be fixed to the rest of the device in different positions (“In one embodiment shown in FIGS. 9A and 9B, stabilizing member 58 may be inserted into one of six different niches 60 in the sliding portions 59 of an internal handle 54.” See paragraph [0048]) by means of a releasable fixing element (stabilizing member 58), or by a releasable fixing element formed by complementary protrusions (pegs 62) and recesses (niches 60), magnets, or hook and loop fasteners, modifying the separation between the carpal support and the distal phalangeal support (See citation of paragraph [0048] above where the six different niches 60 provide spots at different distances for the handle to be positioned which causes the separation between the carpal support and the distal phalangeal support to be changed) or an adjustment device is configured to modify the maximum extension position or the minimum extension position of the travel distance between the carpal support and the distal phalangeal support, the adjustment device configured to adapt the travel distance to different user hand sizes.
Regarding claim 11:
Braier as modified discloses the exercising device according to claim 1, wherein the at least one elastic element consists of at least one spring, at least one band of elastic material (“In this embodiment, the force sensing device 90 may be used not only with the positioning cable 150 but also with resistance bands, elastic cables, or other insertable exercise devices that are capable of being engaged within the socket passage 98 of the force sensing device 90.” See paragraph [0049]. The examiner notes that as stated in paragraph [0049] the difference in the embodiment of figure 10 with that of figure 1 is that the internal handle 54 has different adjustability means to change the position of the distal phalangeal support claimed, with claim 1 nor claim 11 requiring these limitations the embodiments are not being improperly combined as the rest of the functionality and structure is the same for the invention.) or at least one pneumatic piston, located between a first stop (stabilizing socket 67) associated with the at least one distal phalangeal support (“When securely inserted in the internal handle 54, the plug 93 of the force sensing device 90 is tightly fit against the outer stabilizing socket end 68, with the neck 92 nestled within the stabilizing socket 67 and extending through the inner stabilizing socket end 69.” See paragraph [0049] and figure 10, where the stabilizing socket is a part of the stabilizing member 58 which is part of the assembly of the distal phalangeal support) and a second stop (connector socket 64) associated with the base (See figure 10), the at least one elastic element configured to cause an elastic compression or elongation of the at least one elastic element with the relative movement between the at least one distal phalangeal support and the carpal support (“For example, an elastic member or resistance cable (e.g., 140, 141, 144), 105 having a stabilizing end 142 can then be easily installed into the socket passage 98 by situating the stabilizing end in the body passage 97, and then pulling the length of the elastic member or resistance cable along the slot 101 (while holding the stabilizing end 142 within the body passage 97), such that the length of the cable or member (whose diameter decreases with elongation) can fit through the slot 101 and into the socket passage 98.” See paragraph [0052]).
Regarding claim 12:
Braier as modified discloses the exercising device according to claim 11, wherein an elastic resistance adjustment device (positioning cable 150, which includes six balls 151 relating to different positions for the bar 57 of the handle 52) is configured to modify the tension of the at least one elastic element and to determine a force needed for the relative movement between the carpal support and the distal phalangeal support, or (The examiner notes that the phrase “or” requires that only one of the two options are necessary for the invention) to modify the tension of the at least one elastic element by adjusting the distance between the first stop and the second stop in the longitudinal direction (“As shown in the drawings, adjusting the position of the stabilizing member 58 in an appliance 50 using a positioning cable 150 is accomplished by re-positioning the positioning cable within the catch assembly 152 to adjust the distance between the bar 57 and handle end 52.” See paragraph [0050]).
Regarding claim 13:
Braier as modified discloses the exercising device according to claim 1, wherein: the at least one distal phalangeal support is elongated in the transverse direction (See annotated figure 1) and configured to offer support for the index finger up to the pinky (“Multiple pinch positions can be accommodated with this design, including but not limited to, such standard positions as Palmar (pinch between the tips of fingers pressed against palm of the hand)” See paragraph [0060]. The examiner notes that in the palmar pinch position at least, all of the fingers are engaged with the distal phalangeal support in order to complete the strength test which means that the fingers from index to pinky must be supported by the bar 57 of the internal handle 54), or the at least one distal phalangeal support comprises a plurality of independent distal phalangeal supports, each one being guided in the longitudinal direction and defining an independent concave distal phalangeal seating, or the at least one distal phalangeal support are a plurality of independent distal phalangeal supports, each one being guided in the longitudinal direction and configured to define an independent concave distal phalangeal seating, with each independent distal phalangeal support having an independent elastic element, and with the elastic resistance of each elastic element being independently adjustable.
Regarding claim 14:
Braier as modified discloses the exercising device according to claim 23 wherein the control device is connected, through the communication antenna or the data connection port, to a portable computing device (computing device 110, “The squeezing of the bar 57 produces an isometric force which the force sensor(s) 111 within the force sensing device 90 can measure and transmit to a receiving computing device 110 (e.g., PC, tablet, smartphone, etc.) running corresponding assessment software” See paragraph [0058]); the portable computing device, the communication antenna the data connection port, a memory of the portable computing device, an interface, and a the portable computing device cooperatively configured to execute a software application (See above citation of paragraph [0058]); the control device of the exercising device configured to transmit information from the at least one measuring device to the portable computing device (See citation of paragraph [0058] above), and the software application is being configured to execute an algorithm to analyze information supplied by the control device of the exercising device (“Software used by or stored on computing device 110 may also provide instructions for storing data, analyzing data, and performing analyses, for example as described in U.S. Published App. No. 2014/0205980.” See paragraph [0053]. The examiner notes that software for the analysis of data inherently includes an algorithm to analyze information provided to it).
Claim(s) 4 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Braier et al. US 20160220863 A1, in view of Tcaciov WO 2017171534 A1, and further in view of Okada US 20190091543 A1.
Braier as modified teaches the invention as substantially claimed above.
Regarding claim 4:
Braier as modified teaches the exercising device according to claim 2 , but fails to teach wherein the at least one measuring device further comprises at least one additional measuring device comprising at least one of the following: a humidity sensor, a temperature sensor, an atmospheric pressure sensor, a GPS positioning sensor, an orientation sensor, and a time meter configured to determine the time or date when an exercise is performed or the duration thereof.
Okada, however, teaches a wrist terminal including a measurement information acquiring unit, a reference atmospheric pressure setting unit, and a state determining unit (See abstract), and further teaches wherein at least one measuring device further comprises at least one additional measuring device comprising at least one of the following: a humidity sensor, a temperature sensor, an atmospheric pressure sensor (“The sensor unit 12 includes various sensors such as an acceleration sensor, a gyro sensor, an atmospheric pressure sensor, a geomagnetic sensor, and an altitude sensor.” See paragraph [0017]), a GPS positioning sensor (GPS antenna 18 and GPS module 19), an orientation sensor (See citation of paragraph [0017] above which mentions the inclusion of an acceleration sensor, with the examiner noting that the paragraph continues to specify that the sensor detects acceleration in three-axis directions and output information regarding angular velocities to the control unit which tracks the orientation of the unit) , and a time meter (a timepiece circuit 15) configured to determine the time or date when an exercise is performed or the duration thereof (“The timepiece circuit 15 generates a time signal from a signal generated by a system clock or an oscillator and outputs a current time.” See paragraph [0018]).
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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 sensor unit of Braier to include any of the number of sensors taught by Okada, as adding additional sensors only increases the functionality of the computerized system of Braier and allows the user to receive more detailed feedback related to their performance under different conditions.
Regarding claim 15:
Braier as modified teaches the exercising device according to claim 14, but fails to teach wherein the portable computing device comprises: at least one additional measuring device selected from: a humidity sensor, a temperature sensor, an atmospheric pressure sensor, a GPS positioning sensor, an orientation sensor, a time meter configured to determine a time a date when an exercise is performed or a duration thereof; and the portable computing device is being configured to transmit the information provided by the at least one additional measuring device to the exercising device, or to analyze the information together with the information transmitted from the exercising device by the algorithm.
Okada, however, teaches a wrist terminal including a measurement information acquiring unit, a reference atmospheric pressure setting unit, and a state determining unit (See abstract), and further teaches wherein at least one measuring device further comprises at least one additional measuring device comprising at least one of the following: a humidity sensor, a temperature sensor, an atmospheric pressure sensor (“The sensor unit 12 includes various sensors such as an acceleration sensor, a gyro sensor, an atmospheric pressure sensor, a geomagnetic sensor, and an altitude sensor.” See paragraph [0017]), a GPS positioning sensor (GPS antenna 18 and GPS module 19), an orientation sensor (See citation of paragraph [0017] above which mentions the inclusion of an acceleration sensor, with the examiner noting that the paragraph continues to specify that the sensor detects acceleration in three-axis directions and output information regarding angular velocities to the control unit which tracks the orientation of the unit) , and a time meter (a timepiece circuit 15) configured to determine the time or date when an exercise is performed or the duration thereof (“The timepiece circuit 15 generates a time signal from a signal generated by a system clock or an oscillator and outputs a current time.” See paragraph [0018]); and the portable computing device is being configured to transmit the information provided by the at least one additional measuring device to the exercising device (“The wireless communication module 21 transmits a signal to another device via the wireless communication antenna 20 in accordance with an instruction from the control unit 11. The wireless communication module 21 receives a signal transmitted from another device and outputs information indicted by the received signal to the control unit 11.” See paragraph [0020]), or to analyze the information together with the information transmitted from the exercising device by the algorithm.
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 sensor unit of Braier to include any of the number of sensors taught by Okada, as adding additional sensors only increases the functionality of the computerized system of Braier and allows the user to receive more detailed feedback related to their performance under different conditions
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Braier et al. US 20160220863 A1, in view of Tcaciov WO 2017171534 A1, and further in view of Tillim US 7010835 B2.
Braier as modified teaches the invention as substantially claimed above.
Regarding claim 7:
Braier as modified teaches the exercising device according to claim 1, but fails to teach wherein the at least one distal phalangeal support is a replaceable distal phalangeal support, selected from a set of different distal phalangeal supports, the replaceable distal phalangeal support being fixed to the device by means of a releasable fixing element or a releasable fixing element formed by complementary protrusions and recesses, magnets, or hook and loop fasteners.
The examiner notes that Braier does teach a releasable fixing element or a releasable fixing element formed by complementary protrusions and recesses (“In one embodiment, assembly of the appliance 50 may include inserting the internal handle 54 within the channel 55 of arms 56, and then attaching the handle end 52 in a manner such that the various portions or components of the frame 51 remain assembled and secure during use. As shown in FIG. 5, internal handle 54 may also have fins 63 to help guide the internal handle 54 within the channel 55. Other ways of assembling the appliance 50 will be apparent to those of ordinary skill in the art, and are included within the scope of the invention.” See paragraph [0046]), magnets, or hook and loop fasteners, which is used to change the position of the distal phalangeal support already included in the device, but that the distal phalangeal support is replaceable with other distal phalangeal supports is not taught.
Tillim, however, teaches a parallel handle, parallel handle system and method for designing parallel handles for a hand for use with tools or control mechanisms (See abstract) and further teaches wherein the at least one distal phalangeal support is a replaceable distal phalangeal support (“FIG. 10J illustrates a plurality of replaceable proximal moving members 515j, such as replaceable proximal moving members 515j1, 515j2 and 515j3, and also illustrates a plurality of replaceable distal moving members 555j, such as replaceable proximal moving members 555j1, 555j2 and 555j3.” See col.25 lines 20-25), selected from a set of different distal phalangeal supports (555j1,555j2,555j3, (“Additionally, referring to FIG. 10J, the parallel handle 500J can have a plurality of replaceable proximal moving members 515j and a plurality of replaceable distal moving members 555j paired in different sizes so as to engage respective receiving members 590j to respectively form the proximal moving member 510j and the distal moving member 550j for a parallel handle 500J so as to accommodate a plurality of hand sizes for use with a particular device.” See col. 25 lines 7-14).
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 detachable and adjustable handle of Braier to be replaceable with handles of different sizes/shapes or configurations, as taught by Tillim to allow users of different hand sizes to utilize the exercise device comfortably, or to change the hand position to change how the user exerts forces on the handle.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Braier et al. US 20160220863 A1, in view of Tcaciov WO 2017171534 A1, and further in view of Mohieldin et al. US 20210370122 A1.
Braier as modified teaches the invention as substantially claimed above.
Regarding claim 16:
Braier as modified teaches the exercising device according to claim 14, but fails to teach wherein the portable computing device comprises a connection to a remote server and is configured to transmit the information obtained by the at least one measuring device to the remote server.
Mohieldin, however, teaches remote clinical monitoring performance of exercises using a smart resistance exercise device including a resistance band, a force sensing assembly operably coupled to the resistance band, and a local receiving device communicatively coupled to the force sensing assembly (See abstract), and further teaches wherein the portable computing device comprises a connection to a remote server (“a mobile device 210 (sometimes referred to herein as a local receiving device) communicatively coupled to the force sensing assembly 140; and a remote data server 220 communicatively coupled with the mobile device 210 via a network. “ See paragraph [0067]) and is configured to transmit the information obtained by the at least one measuring device to the remote server (“the resistance device application 212 may prompt the user to transmit the collected data from the mobile device 210 to the remote data server 220 or other such storage location via the network.” See paragraph [0070]).
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 computing system of Braier to include a connection to a remote server as taught by Mohieldin, as this is common in internet application integrated exercise devices, and would allow for greater processing power and analysis of data without adding hardware to the actual exercise device.
Allowable Subject Matter
Claims 17-22 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 closest prior art of record fails to teach or disclose, either alone or in combination, the method of determining adhesion for climbing of claim 17, including specifically transporting the exercising device to a climbing site, and calculating, by the algorithm executed by the software application, a climbing performance estimate based on the analysis of a result of the grip test, in relation to stored reference data and correlating the results of the grip tests and climbing performance data.
The closest prior art of record includes Ikenoya et al. US 20180327063 A1, Tsung US 9539483 B1, and Horowitz et al. US 8668626 B1.
The Ikenoya et al. US 20180327063 A1, Tsung US 9539483 B1, and Horowitz et al. US 8668626 B1 references have been fully discussed with respect to what is, and is not taught, either alone or in combination in the previous Non-Final action dated 12/23/2025.
Response to Arguments
Applicant's arguments filed 09/04/2026 have been fully considered but they are not persuasive. In regards to the applicant’s arguments with respect to the previous rejection of claim 1 under 35 USC 103 in view of the combination of Braier and Tillim, the examiner notes that due to the amendments made to the claims a new search and consideration of the limitations was required and as such the new rejection in view of the combination Braier and Tcaciov has been presented above. In addition, the examiner notes that the new limitations are specifying the shape of the carpal seating and defining it by the bounds of the body of the device itself as discussed above, which while rejected in view of the prior art references also amount to no more than changes of shape and/or rearrangement of parts which as discussed in MPEP chapter 2144.04 Section IV. Subsection B, and Section VI. Subsection C respectfully do not create patentably distinct inventions.
Furthermore, the examiner notes that while the applicant stated that claims 8 and 11 have been amended, the examiner believes this was an additional argument from in response to objections presented in the previous Non-Final Rejection dated 12/23/2025 as no amendments were made to claims 8 and 11 in the instant claim set, and no objections were presented for these claims in the previous Final Action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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/JONATHAN A DICUIA/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
