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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in the instant Application on 7/12/2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/12/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objection
Claim 4 is objected to because of the following informality:
In claim 4 line 2, “second plate assemble” should be changed to --second plate assembly--.
Appropriate correction is required.
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 3-10 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.
Claim 3 recites the limitation “it” in line 1, which is vague and indefinite. It is unclear what structure “it” refers to.
Claim 6 recites the limitation “it” in line 1, which is vague and indefinite. It is unclear what structure “it” refers to.
Claim 9 recites the limitation “it” in line 1, which is vague and indefinite. It is unclear what structure “it” refers to.
Claim 10 recites the limitation “it” in line 1, which is vague and indefinite. It is unclear what structure “it” refers to.
Claim 13 recites the limitation “it” in line 1, which is vague and indefinite. It is unclear what structure “it” refers to.
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 (i.e., changing from AIA to pre-AIA ) 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 6-7 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2014/0100089 (Kermath et al., hereinafter “Kermath”).
Regarding claim 1, Kermath discloses a fitness device 150 comprising a frame 152 (see annotated FIG. 5 below), a sliding rod group (sliding rod group includes dual tracks 154a,154b and the rod interposed therebetween, see annotated FIG. 5 below), a translation plate 156,158a,158b (see annotated FIG. 5 below), a foot rod and a handle rod (see annotated FIG. 5 below), wherein two ends of the sliding rod group are respectively fixed on the frame (see annotated FIG. 5 below); the translation plate is movably arranged on the sliding rod group and moves on the sliding rod group (see annotated FIG. 5 below); two ends of the handle rod are fixedly connected to the frame (see annotated FIG. 5 below); two ends of the foot rod are movably connected to the frame and move back and forth on the frame (see annotated FIG. 5 below).
PNG
media_image1.png
443
687
media_image1.png
Greyscale
Regarding claim 2, Kermath teaches the fitness device according to claim 1, and further discloses wherein the translation plate 156 includes a first plate assembly 158a and a second plate assembly 158b, the first plate assembly and the second plate assembly are arranged on the sliding rod group side by side, and the first plate assembly and the second plate assembly slidably fit with the sliding rod group (see annotated FIG. 5 above).
Regarding claim 3, Kermath teaches the fitness device according to claim 2, and further discloses wherein it further includes a blocking bar detachably disposed on the first plate assembly and/or the second plate assembly (see annotated FIG. 5 above).
Regarding claim 6, Kermath teaches the fitness device according to claim 1, and further discloses wherein it further includes a connector (204) that connects the first plate assembly with the second plate assembly, so as to make the first plate assembly and the second plate assembly move synchronously (see annotated FIGS. 12A-12C below, para 0048).
PNG
media_image2.png
624
646
media_image2.png
Greyscale
Regarding claim 7, Kermath teaches the fitness device according to claim 6, and further discloses wherein a second insertion hole is set on the first plate assembly and the second plate assembly (see annotated FIGS. 12A-12C above), respectively, designed to be a waist-shaped hole on one and a circular hole on the other (see annotated FIGS. 12A-12C above); two second insertion rods are disposed on the connector, and inserted into and fit with the second insertion holes on the first plate assembly and the second plate assembly, respectively (see annotated FIGS. 12A-12C above).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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 4, 9, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kermath in view of US 6,371,895 (Endelman et al., hereinafter “Endelman”).
Regarding claim 4, Kermath teaches the fitness device according to claim 3, but Kermath does not disclose wherein a first insertion hole is arranged on the first plate assembly and/or the second plate assembl[y], and the blocking bar is provided with a first insertion rod, which is inserted into and fits with the first insertion hole.
Endelman teaches an analogous fitness device 500 having a first insertion hole 334 arranged on a plate assembly 46 (see annotated FIGS. 14 and 17 below), and a blocking bar 50L,R provided with a first insertion rod 330, which is inserted into and fits with the first insertion hole 334 (see annotated FIGS. 14 and 17 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kermath’s invention with the blocking bar attachment means as taught by Endelman in order to provide the ability to remove and store the blocking bars when the fitness device is not in use (Endelman: Col 11:11-13).
PNG
media_image3.png
612
614
media_image3.png
Greyscale
PNG
media_image4.png
510
880
media_image4.png
Greyscale
Regarding claim 9, Kermath teaches the fitness device according to claim 2, but Kermath does not disclose wherein it further includes a first draw spring, and the frame, the first plate assembly and the second plate assembly are respectively provided with a positioning stake; two ends of the first draw spring are respectively hooked on the frame and the first plate assembly, or on the frame and the second plate assembly.
Endelman teaches an analogous fitness device 500 having a first draw spring 24, and the frame 16 and a plate assembly are respectively provided with a positioning stake 62,64 (FIG. 2); two ends of the first draw spring 24 are respectively hooked on the frame 16 and the plate assembly (FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kermath’s invention with the draw spring and stakes as taught by Endelman in order to provide an alternative means for resisting motion between the plate assemblies and the frame.
Regarding claims 14-15, Kermath teaches the fitness device according to claim 1, but Kermath does not disclose wherein a moving guiding rail is arranged on an outer side of the frame, and the foot rod is provided with an adjusting block, which slidably fits with the moving guiding rail (as in claim 14); wherein the foot rod is pivotally connected with the adjusting block, which is fan-shaped, and of which the arc edge is provided with a plurality of adjusting holes; the foot rod is also provided with a latch and an adjusting handle used to control the latch, and the latch is inserted into and fits with the adjusting holes (as in claim 15).
Endelman teaches an analogous fitness device 500 having a moving guiding rail 18 is arranged on an outer side of the frame (see FIG. 3 below), and a foot rod 26 is provided with an adjusting block, which slidably fits with the moving guiding rail 18 (anchor bar 162 of the foot bar assembly 26 slides along in the T slot 110 until reaching a desired position along the rail member 18 - Col 8:16-19, see FIG. 3 below); wherein the foot rod 26 is pivotally connected with the adjusting block 164, which is fan-shaped, and of which the arc edge is provided with a plurality of adjusting holes 170 (see FIG. 22 below); the foot rod 26 is also provided with a latch 400 and an adjusting handle 402 used to control the latch, and the latch 400 is inserted into and fits with the adjusting holes 170 (see FIG. 22 below, Col 13:17-45).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kermath’s invention with the adjustable footbar assembly as taught by Endelman in order to provide the ability to adjust the foot bar to a plurality of different heights and longitudinal positions (Endelman: Col 8:20-28).
PNG
media_image5.png
436
964
media_image5.png
Greyscale
PNG
media_image6.png
507
400
media_image6.png
Greyscale
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kermath in view of US 7,967,736 (D’Silva et al., hereinafter “D’Silva”).
Regarding claims 10-13, Kermath teaches the fitness device of claim 1, but does not disclose wherein it further includes a cross bar and a draw rod, the cross bar is disposed on the handle rod, and the draw rod and the cross bar are pivotally connected with each other (as in claim 10); wherein one end of the cross bar is provided with a first adjusting tube, which slidably fits with the handle rod, and is locked by means of an adjusting screw bolt (as in claim 11); wherein at least one adjustable hanging piece is arranged on the handle rod, and the adjustable hanging piece includes a second adjusting tube and at least one first hanging ring arranged on the second adjusting tube, which is locked through an adjusting screw bolt (as in claim 12); wherein it further includes a second draw spring, and at least one second hanging ring is arranged on the draw rod; hooks at both ends of the second draw spring are hooked on the first hanging ring and the second hanging ring, respectively.
D'Silva teaches an analogous fitness device 10 (see FIG. 1 below) including a cross bar 41 and a draw rod 42 (see annotated FIG. 2 below), the cross bar 41 is disposed on the handle rod 15, and the draw rod 42 and the cross bar 41 are pivotally connected with each other (see annotated FIG. 2 below); wherein one end of the cross bar 41 is provided with a first adjusting tube (see annotated FIG. 2 below), which slidably fits with the handle rod 15, and is locked by means of an adjusting screw bolt (see annotated FIG. 2 below); wherein at least one adjustable hanging piece is arranged on the handle rod, and the adjustable hanging piece 45 includes a second adjusting tube and at least one first hanging ring arranged on the second adjusting tube, which is locked through an adjusting screw bolt (see annotated FIG. 1 below); wherein it further includes a second draw spring 44, and at least one second hanging ring is arranged on the draw rod 42 (see annotated FIGS. 1 and 2 below); hooks at both ends of the second draw spring 44 are hooked on the first hanging ring and the second hanging ring, respectively (see annotated FIG. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the effective filing date of the claimed invention to modify Kermath’s invention with the trapeze bar and uprights as taught by D’Silva in order to provide a wider range of muscle exercises for the user of the fitness device.
PNG
media_image7.png
514
954
media_image7.png
Greyscale
PNG
media_image8.png
513
570
media_image8.png
Greyscale
Allowable Subject Matter
Claims 5 and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA S LEE whose telephone number is (571)270-1661. The examiner can normally be reached Monday-Friday 11am-7pm Eastern.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Joshua Lee/Primary Examiner, Art Unit 3784
Prosecution Insights