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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 7, and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kane et al. (US Pat. No. 4,501,421, Feb. 26, 1985) (herein “Kane”).
Kane was cited in the IDS filed on 06/04/2024.
Regarding claim 1, Kane teaches exercise apparatus comprising a base (i.e., combination of 1,2, see Fig. 1 and 2 below) having a substantially planar lower surface 1, a platform 6,8 for receiving at least one foot of a user that is moveably mounted on the base 1,2, wherein the platform 6,8 is moveable from a stowed configuration in which the platform 6,8 is substantially parallel to the plane of the lower surface 1 and a deployed configuration in which the platform 6,8 is inclined to the plane of the lower surface 1 (see Figs. 1-2 below).
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Regarding claim 2, Kane teaches wherein the platform 6,8 is pivotally mounted to the base 1,2 (see Fig. 2 above).
Regarding claim 3, Kane teaches wherein the platform 6,8 accommodates two feet of a user (see Fig. 1 above).
Regarding claim 4, Kane teaches wherein the base (i.e., the central portion 2) is centrally located and the platform 6,8 pivotally mounted either side of the base 2 (see Fig. 2 above).
Regarding claim 5, Kane teaches comprising two platforms 6,8, one for each foot which are moveably independently of one another (see Fig. 2) to facilitate more variable exercise routines.
Regarding claim 7, Kane teaches wherein the apparatus is portable (i.e., the apparatus is ).
Regarding claim 10, Kane teaches means 60 for retaining a foot on the platform 6,8 (see Fig. 2 above).
Regarding claim 11, Kane teaches wherein the means 60 for retaining a foot on the platform 6,8 may comprise one or more straps 60 (see Fig. 2 above).
Regarding claim 12, Kane teaches wherein the straps 60 have means for adjusting their length to accommodate different sized feet or footwear (i.e., strap is adjustable via buckle, see Fig. 2 above).
Claims 1-4, and 6-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dimitry (WO 2017/180130, Oct. 19, 2017) (herein “Dimitry”).
Dimitry was cited in the IDS filed on 06/04/2024.
Regarding claim 1, Dimitry teaches an exercise apparatus comprising a base having a substantially planar lower surface 40 (see Fig. 2 below), a platform 72 for receiving at least one foot of a user that is moveably mounted on the base 40, wherein the platform 72 is moveable from a stowed configuration in which the platform 72 is substantially parallel to the plane of the lower surface 40 and a deployed configuration in which the platform 70 is inclined to the plane of the lower surface 40 (i.e., platform 72 is pivotable to be parallel to the base 40).
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Regarding claim 2, Dimitry teaches wherein the platform 72 is pivotally mounted to the base 40 (see Figs. 1-2 above).
Regarding claim 3, Dimitry teaches wherein the platform 72 accommodates two feet of a user(see Figs. 1-2 above).
Regarding claim 4, Dimitry teaches wherein the base 40 is centrally located and the platform 72 pivotally mounted either side of the base (see Figs. 1-2 above).
Regarding claim 6, Dimitry teaches wherein the base has means 49 for mounting weight 16 (see Fig. 1-2 above) so that the weight of the apparatus may be varied according to the body weight of a user to improve the exercise experience.
Regarding claim 7, Dimitry teaches wherein the apparatus is portable.
Regarding claim 8, Dimitry teaches having a carry handle 48 (see Fig. 2 above).
Regarding claim 9, Dimitry teaches having at least one handle 48 disposed in the platform 40 (see Fig. 2).
Regarding claim 10, Dimitry teaches means 80,82 for retaining a foot on the platform.
Regarding claim 11, Dimitry teaches wherein the means for retaining a foot on the platform may comprise one or more straps 80,82.
Regarding claim 12, Dimitry teaches wherein the straps 80,82 have means (i.e., hook/loop) for adjusting their length to accommodate different sized feet or footwear.
Regarding claim 13, Dimitry teaches exercise apparatus as claimed in comprising means for carrying additional weight.
Regarding claim 14, Dimitry teaches having a mount 49 for receiving additional weight 49 (see Figs. 1-2 above) located on the base 40.
Regarding claim 15, Dimitry teaches wherein the mount 49 receives weight plates 16 (see Figs. 1-2 above).
Regarding claim 16, Dimitry teaches wherein the means 49 for receiving additional weight further comprises one member of a mating pair to releasably secure the weight 49 to the apparatus and the weight 49 comprises the other member (i.e., hole) of the mating pair.
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.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Dimitry, as applied to claim 1 above, in view of Brotman (US Pat. No. 5,040,787, Aug. 20,1991)
Dimitry teaches the invention as substantially claimed
Brotman was cited in the IDS filed on 06/04/2024
Regarding claim 17, Dimitry is silent in explicitly teaching wherein the mating pair comprises a magnetic member.
Brotman, however, in an analogous art of exercise devices reasonably pertinent to the problem to be solved teaches weight plates having auxiliary weights being magnets to attachable to the weight plates to permit gradual variation of weight (see Brotman, Fig. 2 and col. 2, lines 61-65).
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 device of Dimitry such that the mating pair comprises a magnetic member (i.e., magnet) which is attachable to a magnetic material of the base in order to better secure the weights to the device and provide gradual variation of weight.
Regarding claim 18, Dimitry in view of teaches wherein the means to releasably secure the weight to the apparatus comprises a magnet (see Brotman, Fig. 2 and col. 2, lines 61-65).
and/or strap.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (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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/ANDREW S LO/Primary Examiner, Art Unit 3784