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 Objections
Claim 11 is objected to because of the following informalities:
Claim 11 recites the phrase “twenty eight 28” which should recite “28.”
Appropriate correction is required.
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.
Such claim limitation(s) is/are:
“closing means” in claims 36 and 41 to be zippers, snaps, latches, hook and loop connections, magnets, and equivalents thereof as described in para. [0111] of Applicant’s specification.
“openable and reclosable attachment means” in claims 36 and 41 to be reclosable hooks as described in para. [0115] of Applicant’s specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 43-44 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 43 and 44 each recite the limitation "the starting point.” There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
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 36-37 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Wilkinson (US PG Pub. No. 2006/0040805, Feb. 23, 2006).
Regarding claim 36, Wilkinson teaches a strength training and exercise system comprising: an openable and reclosable vest having closing means (i.e., zipper 14, Fig. 9 below, and para. [0033]) to secure said vest in a closed condition, and a plurality of loops 26 (see Fig. 9 and 1 below, and para. [0034]) located on the surface of said vest; at least one cord 13,41 having two ends, at least one end having an openable and reclosable attachments means 17 (i.e., hooks, para. [0023], and Fig. 1 below) for being removably attached to one of said plurality of loops 26 on said vest (see Fig. 9 and 1 below); at least one handle 5 operatively connected to the other end of said cord 13; said plurality of loops 26 on said vest being configured at various locations on said vest to permit a variety of exercises by pulling or pushing said at least one cord in multiple directions (see para. [0023]); and wherein said vest includes at least one of a bracing member 34 at a rear portion of said vest (see Fig. 10 and para. [0036]) and/or an anterior bracing member (i.e., weights or other objects storable in pockets 24,28, see Fig. 9 and para. [0034]) at a front portion of said vest.
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Regarding claim 37, Wilkinson teaches a system according to claim 36 wherein the pull and push resistance of said cord 5 is adjustable (see para. [0025]).
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 41-44 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson (US PG Pub. No. 2006/0040805, Feb. 23, 2006)
Regarding claim 41, Wilkinson teaches a method of using a strength training and exercise system, said method comprising the steps of: obtaining an exercise system having an openable and reclosable vest having closing means (i.e., zipper 14, Fig. 9 above, and para. [0033]) to secure said vest in a closed condition, and a plurality of loops 26 (see Figs. 9 and 1 above and para. [0034]) located on the surface of said vest, at least one stretch cord 13 having two ends, at least one end having an openable and reclosable attachment means 17 (i.e., hooks, para. [0023], and Fig. 1 above) for being removably attached to at least one of said plurality of loops 26 on said vest, at least one handle 5 operatively connected to the other end of said stretch cord 13 (see Fig. 9 and 1 above), said plurality of loops on said vest 26 being configured at various locations on said vest to permit a variety of exercises by pulling said at least one stretch cord 13 in multiple directions, wearing said vest; attaching one end of said at least one stretch cord 13 to at least one of said plurality of loops 26 on said vest; and pulling said at least one handle away from said vest to elongate said at least one stretch cord 13.
Wilkinson is silent in explicitly teaching said at least one stretch cord 13 having a resting length of between about 4 inches and about 14 inches.
However, where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05).
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 and method of Wilkinson such that the stretch cords 13 have a resting length of between about 4 inches and about 14 inches in length as a matter of determining optimum or workable ranges by routine experimentation in order to provide stretch cords having a desired length and/or strength (see Wilkinson, para. [0024]). Furthermore, Applicant’s claimed about 4 inches to about 14 inches lacks criticality because Applicant’ discloses that any length can be used (see Applicant’s para. [0115])
Regarding claim 42, Wilkinson teaches or reasonably suggests the method of claim 41 further comprising the step of connecting a second stretch cord 13 to the handle 5 and the loop 26 on the vest to which the first stretch cord 13 is connected (see Fig. 1 above).
Regarding claim 43, Wilkinson teaches or reasonably suggests the method claim 41 further comprising the steps of: obtaining first and second stretch cords 13 having the same length and strength resistance and attaching them to the vest; pulling on the stretch cords 13 while walking or running (see para. [0024]) and travelling a distance from the starting point; stopping to change the connection points of the stretch cords 13 on the vest so as to change the direction of resistance on the handles 5 (see para. [0024]) and varying the muscles activated by pulling on the stretch cords; and continuing walking or running while pulling on the stretch cords 13.
Regarding claim 44, Wilkinson teaches or reasonably suggests the method of claim 41 further comprising the steps of: obtaining first and second stretch cords 13 having the same length and strength resistance and attaching them to the vest; obtaining third and fourth stretch cords 13 having a length or strength resistance that is different frofrm the length or strength resistance of the first and second stretch cords (see para. [0024]) and temporarily storing the third and fourth stretch cords in one or more pockets 28,35 (see paras. [0034]-[0035]) on the vest; pulling on the first and second stretch cords 13 while walking or running and travelling a distance from the starting point (see para. [0034]-[0035]); stopping to remove the first and second stretch cords from attachment on the vest and attaching the third and fourth stretch cords on the vest so as to change the length of the stretch cords 13 or to change the strength resistance felt in the handles 5 during use (see para. [0024]); and continuing walking or running while pulling on the stretch cords 13.
Claims 45-47 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson, as applied to claim 41 above, in view of Marji (US PG Pub. No. 2017/0291058, Oct. 12, 2017)
Wilkinson teaches the method as substantially claimed.
Regarding claim 45, Wilkinson teaches the method of claim 41 further comprising the steps of: connecting a first pair of stretch cords 41 between foot straps 43 and loops 11 (see Fig. 1 above) on the vest and connecting a second pair of stretch cords 13 between handles 5 and 9 on the vest (see Fig. 1 above), and lifting with the handles 5 (see para. [0024]).
Wilkinson is silent in explicitly teaching performing a squat.
Marji, however, in an analogous art teaches a system and method of exercise while wearing a vest having exercise cords attached thereon and performing a squat. (see Marji, para. [0030], and Fig. 3 below)
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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 claim invention to modify the method of Wilkinson and performing a squat as taught by Marji in order to perform exercise movements to strengthen different parts of the body.
Regarding claim 46, Wilkinson teaches the method of claim 41 further comprising the step of: performing twist motion (i.e., criss-cross, see Fig. 12) with arm extensions using handles 5.
Wilkinson is silent in explicitly teaching performing a squat.
Marji, however, in an analogous art teaches a system and method of exercise while wearing a vest having exercise cords attached thereon and performing a squat. (see Marji, para. [0030], and Fig. 3 above)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to modify the method of Wilkinson and performing a squat as taught by Marji in order to perform exercise movements to strengthen different parts of the body.
Regarding claim 47, Wilkinson teaches the method of claim 41 further comprising the step of: performing an overhead press (i.e., pulling upwardly, see para. [0031]) using handles 5.
Wilkinson is silent in explicitly teaching performing a squat.
Marji, however, in an analogous art teaches a system and method of exercise while wearing a vest having exercise cords attached thereon and performing a squat. (see Marji, para. [0030], and Fig. 3 above)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to modify the method of Wilkinson and performing a squat as taught by Marji in order to perform exercise movements to strengthen different parts of the body.
Claims 1-3, 8, 11-12, 15, 17, 19-21, 24, 26-27, 30, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson (US PG Pub. No. 2006/0040805, Feb. 23, 2006) in view of BASSOO (US PG Pub. No. 2022/0264967, effectively filed April 20, 2020) and Weinstein (US PG Pub. No. 2005/0282689, Dec. 22, 2005).
Regarding claim 1, Wilkinson teaches a strength training and exercise system comprising: an openable and reclosable vest (see Fig. 9 below) having a zipper closure 14 (see Fig. 9 below and para. [0033]), waist tightening strap (i.e., belt 16, see Fig. 9 below and para. [0033]), second tightening straps 22 (see Fig. 9 below and para. [0033]), one or more pockets 24,28 (see Fig. 9 below and para. [0034]), an inner lining (i.e., inner surface of the vest which a body of user contacts) and an outer shell (i.e., outer surface of the vest, see Fig. 9 below), and loops 26 at multiple upper and lower locations on the left and right side of the surface of said vest and on the shoulder portions of said vest (see Fig. 9 below); multiple stretch cords 13,41 (see Fig. 1 and paras. [0034], [0023]-[0026), said loops 26 on said vest being configured at various locations on said vest to permit a variety of exercises by pulling said stretch cords 13,41 in multiple directions including upwardly (see para. [0024]), downwardly (see para. [0024]), forwardly (i.e., outwardly, see para. [0023]), laterally, and across the user's body parallel to the ground and at multiple angles relative to the ground.
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Wilkinson is silent in explicitly teaching the vest including an adjustable shoulder tightening mechanism.
BASSOO, however, in an analogous art teaches an exercise vest having a shoulder strap 16 with a fastener 9 for adjusting to the size of the user and can be tightened (see BASSOO, Fig. 1 and para. [0050]).
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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 device of Wilkinson to include adjustable shoulder tightening mechanism (i.e., strap 16 having fastener) as taught by BASSOO in order to adjusting the vest to the size of the user (see BASSOO, para. [0050]).
Wilkinson is silent in explicitly teaching the stretch cords having an openable and reclosable hook at each end and multiple handles having loops for engagement with said hooks on said stretch cords; said hooks on said stretch cords being removably engaged to one or more of said loops on said vest and one or more handles.
Weinstein, however, in an analogous art teaches a vest (see Fig. 5 below) including stretch cords 91 having an openable and reclosable hook 92 at each end (see para. [0056], and Fig. 9 below); and multiple handles 73 having loops 76 (see Fig. 8 below, and para. [0046]) for engagement with said hooks 92 on said stretch cords 91 (see also para. [0065], where cords 71,81,91 can be substituted for one another); said hooks 92 on said stretch cords 91 being removably engaged to one or more of loops 37 (see Fig. 5 below) on the vest and one or more handles 73.
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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 device of Wilkinson and to substitute the stretch cords with stretch cords 91 having an openable and reclosable hook 92 at each end and multiple handles 73 having loops 76 for engagement with said hooks 92 on said stretch cords 91; said hooks 92 on said stretch cords 91 being removably engaged to one or more of said loops 26 on said vest and one or more handles 73 as taught by Weinstein as simple substitution of one known stretch cord and handles for another for the same purpose of performing exercises.
Regarding claim 2, Wilkinson teaches the exercise system of claim 1 further comprising: multiple foot straps (see Fig. 9 above), each foot strap having loops 94,98 on the top, side and rear heel portions of said strap (see Fig. 9 above).
Regarding claim 3, Wilkinson teaches the exercise system of claim 1 comprising: a straight bar 73 having one or more slidable loops 76 (see Fig. 8 above) for engaging said hooks 92 on said stretch cords 91 (see Fig. 9 above).
Regarding claim 8, Wilkinson teaches the system of claim 1 comprising: stretch cords 91 that can be various lengths and strengths (see para. [0024]), but is silent in explicitly teaching are in the range of about 4 inches to about 6 inches in length.
However, where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05).
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 Wilkinson such that the stretch cords 91 are in the range of about 4 inches to about 6 inches in length as a matter of determining optimum or workable ranges by routine experimentation in order to provide stretch cords having a desired length and/or strength (see Wilkinson, para. [0024]). Furthermore, Applicant’s claimed about 4 inches to 6 inches lacks criticality because Applicant’ discloses that any length can be used (see Applicant’s para. [0115])
Regarding claim 11, Wilkinson teaches the system of claim 1 comprising multiple pairs of stretch cords 91 that can be various lengths and strengths (see para. [0024]): but is silent in explicitly teaching three pairs of stretch cords wherein one pair is approximately 6 inches to approximately 12 inches in length, a second pair is approximately 8 to approximately 14 inches in length, and a third pair is approximately 16 to approximately 28 inches in length.
However, where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05).
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 Wilkinson such that the stretch cords 91 have one pair approximately 6 inches to approximately 12 inches in length, a second pair is approximately 8 to approximately 14 inches in length, and a third pair is approximately 16 to approximately 28 inches in length as a matter of determining optimum or workable ranges by routine experimentation in order to provide stretch cords having a desired length and/or strength (see Wilkinson, para. [0024]). Furthermore, Applicant’s claimed lengths lack criticality because Applicant’ discloses that any length can be used (see Applicant’s para. [0115])
Regarding claim 12, Wilkinson teaches the system of claim 11 comprising multiple pairs of stretch cords 91 that can be stretchable to various lengths and strengths (see para. [0024]), but is silent in explicitly teaching said first pair of stretch cords are stretchable to a length of approximately 22 to approximately 26 inches, said second pair of stretch cords are stretchable to a length of approximately 32 to approximately 40 inches, and said third pair of stretch cords are stretchable to a length of up to approximately 70 inches.
However, where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05).
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 Wilkinson such that the stretch cords 91 are stretchable to a length of approximately 22 to approximately 26 inches, said second pair of stretch cords are stretchable to a length of approximately 32 to approximately 40 inches, and said third pair of stretch cords are stretchable to a length of up to approximately 70 inches as a matter of determining optimum or workable ranges by routine experimentation in order to provide stretch cords having a desired stretchable length and/or strength (see Wilkinson, para. [0024]). Furthermore, Applicant’s claimed stretchable lengths lacks criticality because Applicant’ discloses that any stretchable length can be used (see Applicant’s para. [0115]).
Regarding claim 15, as broadly interpreted, Wilkinson teaches the system of claim 1 comprising: a bracing member 34 (see Fig. 10 below and para. [0036]) located at a rear portion of said vest.
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Regarding claim 17, Wilkinson teaches or reasonable suggest the system according to claim 15 wherein said bracing member 34 is removably secured within a pocket located in a rear portion of said vest (see para. [0036], where the stays 34 can be placed in or fastened to the back of the vest at desired locations of the back for lumbar support).
Regarding claim 19, as broadly interpreted, Wilkinson teaches or suggests the system according to claim 15 wherein said bracing member 34 has an arcuate, tapered configuration that tapers from a wider, bottom end to a narrower, top end (i.e., where the stays 34 can be “D” shaped, see para. [0036]).
Regarding claim 20, Wilkinson teaches or suggests the system according to claim 15 wherein said bracing member 34 is a composite with a rigid substrate portion facing away from a user of said vest and a compliant portion facing toward a user of said vest (see para. [0036], where the stays can be malleable and made of metal, plastic, foam, gelled material with a curved portion facing the back of the user and a flat end facing away from the back).
Regarding claim 21, Wilkinson teaches or suggests the system according to claim 20 wherein said rigid substrate portion is a rigid polymer and said compliant portion is a closed cell foam (see para. [0036], the materials include plastic and foam).
Regarding claim 24, as broadly interpreted, Wilkinson teaches the system of claim 1 comprising: an anterior bracing member (i.e., weight or other items configured to be inserted into pockets 24,28) located at a front portion of said vest (see Fig. 1, and para. [0034]).
Regarding claim 26, as broadly interpreted, Wilkinson teaches the system of claim 24 wherein said anterior bracing member (i.e., weight or other items configured to be inserted into pockets 24,28) is removably secured within a pocket 24,28 located in a front portion of said vest (see para. [0034]).
Regarding claim 27, as broadly interpreted, Wilkinson teaches the system of claim 24 wherein said anterior bracing member (i.e., such as a weight configured to be inserted in front pocket) has a shape.
Wilkinson is silent in explicitly teaching that the bracing member has a tapered configuration that tapers from a wider, top end to a narrower, bottom end.
However, mere changes in shape is matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of was significant. MPEP 2144.04
It would have been obvious to a person of ordinary skill in the art before the effect filing date of the claimed invention to modify the device of Wilkinson such that the that the bracing member (i.e., a weight) has a tapered configuration that tapers from a wider, top end to a narrower, bottom end as mere changes in shape as design choice in order to provide different shaped weights to the anterior pockets of the vest. Furthermore, the shape of the bracing member lacks criticality because Applicant discloses that other shapes can be used (see Applicant’s para. [0146])
Regarding claim 30, Wilkinson is silent in explicitly teaching the system according to claim 1 comprising: an elongate forearm sleeve for wrapping around a user's forearm; a plurality of one or more loops on said forearm sleeve for engaging said hooks on said stretch cords.
BASSOO, however, in an analogous art teaches elongate forearm sleeve (i.e., limb strap 2, see paras. [0066],[0097], and Fig. 8) for wrapping around a user's forearm; a plurality of one or more loops 12 on said forearm sleeve 2 for engaging said hooks on said stretch cords (see para.
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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 device of Wilkinson to include forearm sleeve 2 a plurality of one or more loops 12 on said forearm sleeve 2 for engaging said hooks on said stretch cords as taught by BASSOO in order to exercise limbs of the user.
Regarding claim 32, Wilkinson is silent in explicitly teaching the system according to claim 1 comprising: a knee sleeve for wrapping around a user's knee having opposing front and rear apertures; a plurality of one or more loops 12 on said knee sleeve for engaging said hooks on said stretch cords.
BASSOO, however, in an analogous art teaches a knee sleeve 2 (see paras. [0066],[0097], and Fig. 8) for wrapping around a user's knee having opposing front and rear apertures (i.e., apertures where loops 12 connect, see Fig. 8); a plurality of one or more loops 12 on said knee sleeve for engaging said hooks on said stretch cords.
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 Wilkinson to include forearm sleeve 2 a plurality of one or more loops 12 on said forearm sleeve 2 for engaging said hooks on said stretch cords as taught by BASSOO in order to exercise limbs of the user.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson in view of BASSOO and Weinstein, as applied to claim 1, further in view of Rosati (US PG Pub. No. 2002/0137609, Sept. 26, 2002).
Wilkinson in view of BASSOO and Weinstein teaches the invention as substantially claimed.
Regarding claim 4, Wilkinson is silent in explicitly teaching the system of claim 1 comprising: a foot bar having at least three one or more loops for engaging said hooks on said stretch cords; said bar having two foot stirrups for engaging the feet of the user.
Rosati, however, in an analogous art teaches a foot bar 24 configured to be attached to elastic cords having at least three one or more loops 82,84,94,96 for engaging with said stretch cords; said bar having two foot stirrups 47,48 for engaging the feet of the user (see Fig. 3 below).
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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 device of Wilkinson to include: a foot bar 24 having at least three one or more loops 82,84,94,96 for engaging said hooks on said stretch cords; said bar 24 having two foot stirrups 47,48 for engaging the feet of the user as taught by Rosati in order to exercise lower legs of the user.
Allowable Subject Matter
Claims 18, 22, and 28-29 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.
Regarding claim 18, none of the prior art either alone or in combination teach or suggest all the limitations of claim 17 and any preceding intervening claims and further reciting where said pocket has an arcuate, tapered configuration that tapers from a wider, zipper closable open end at the bottom of said vest to a narrower, closed end at the top of said vest.
Regarding claim 22, none of the prior art either alone or in combination teach or suggest all the limitations of claim 15 and any preceding intervening claims and further reciting: a tightening strap on said vest located proximate to a center of said bracing member; and wherein said tightening strap on said vest located proximate to the center of said bracing member runs within a back portion of said vest such that said bracing member is located between a user's spine and said tightening strap.
Regarding claim 28, none of the prior art either alone or in combination teach or suggest all the limitations of claim 24 and any preceding intervening claims and further reciting wherein said anterior bracing member is a composite with a rigid substrate portion facing away from a user of said vest and a compliant portion facing toward a user of said vest.
Claim 29 depends from claim 28.
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