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 .
Response to Amendment
The following Office Action is in response to amendments filed on 04/07/2026. Claims 1 and 5-8 are pending in the application. Claims 1 and 5-8 have been examined as set forth below.
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 1 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20180001696U, a translation copy of this document has previously been provided) in view of Gormley (US 2011/0281661 A1), Jasper (US 1,924,992) and Austin (US 2016/0175636 A1).
Regarding claim 1, Kim teaches an exercise apparatus comprising: an elastic band (120); and a pair of balls (110, 110a) connected to both ends of the elastic band (Figs. 1 and 5, ¶ [22]), wherein the elastic band (120) comprises a hanging portion forming a closed-loop in each of both sides of the elastic band (Fig. 1), wherein the pair of balls each comprise a fixing portion (111) into which the hanging portion is inserted and fixed (Fig. 1).
It is Office’s position that the fixing portion (111) of each of the balls in Kim, forms a penetration portion into which the hanging portion is inserted and fixed (Fig. 1). However, if applicant is not in agreement with the Office’s position, such limitation is taught by Gormley.
Regarding claim 1, Gormley teaches an exercise apparatus comprising an elastic band (36, ¶ [21]) and a ball (12) connected to an end of the elastic band (Figs. 1-3, ¶ [21]), wherein the elastic band comprises a hanging portion forming a closed-loop (42) at a side that is connected to the ball (Figs. 2-3, [21), wherein the ball comprises a penetration portion (16) into which the hanging portion is inserted and fixed (Figs. 2-3, ¶ [21], Please note that Upon modification of Kim’s invention with features of Gormley, each ball of the pair of balls (as taught by Kim) would include a penetration portion (as taught by Gormley), wherein each hanging portion of the elastic band (as taught by Kim) would be inserted and fixed into the penetration portion of a corresponding ball (as taught by Gormley)).
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 Kim’s invention such that each ball or the pair of balls comprises a penetration portion into which the hanging portion of the elastic band is inserted and fixed as taught by Gormley in order to provide for a more secure and stable connection between the band and the pair of balls and protect such connection from damage during use and over a prolonged period.
Kim in view of Gormley is silent about wherein the elastic band includes one or more opening portions that are arranged apart from the hanging portion and into which each of the pair of balls is inserted or pulled out, wherein the one or more opening portions each include a first slit formed in the elastic band.
Regarding claim 1, Jasper teaches a band/line (1 with 2, Fig. 1), wherein the band includes one or more opening portions/eye(s) (i.e., at 3, Fig. 1) that are arranged apart from the end portion of the band and into which each of ball-shaped heads (4) is inserted or pulled out (Fig. 1), wherein the one or more opening portions each include a first slit formed in the band (opening/slit/eye 3, Fig. 1, please note that upon modification of Kim’s invention in view of Gormley with features of Jasper, the first slit would be formed in the elastic band).
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 Kim’s invention in view of Gormley wherein the (elastic) band includes one or more opening portions that are arranged apart from the (hanging) portion and into which each of the pair of balls/ball-shaped heads is inserted or pulled out, wherein the one or more opening portions each include a first slit formed in the elastic band, as taught by Jasper in order to provide for an easy and quick attachable and detachable connection of the band to another apparatus or structure (see col. 1 lines 7-30 of Jasper).
Kim in view of Gormley and Jasper wherein the one or more opening portions each further include an additional member, the additional member including a second slit corresponding to the first slit, including a material with no elasticity, and being arranged outside the elastic band, and the one or more opening portions being provided as a pair respectively apart from the pair of hanging portions inside a longitudinal direction of the elastic band, and wherein the one or more opening portions further comprise a reinforcement member arranged along edges of the first slit and the second slit.
Regarding claim 1, Austin teaches an exercise apparatus (20) comprising a band (i.e., 22), wherein the band includes one or more opening portions (i.e. 68, 70, 72, 74) that are arranged apart from end portions of the band and into which a body part can be inserted or pulled out (Figs. 1 and 6-14, ¶ [29]-[30]), wherein the one or more opening portions (i.e. 68, 70, 72, 74) each include a first slit/slot formed in the band (Figs. 1-2) and an additional member (i.e., formed by strips 80, 85, 87, 89), the additional member including a second slit/slot (formed by strips 80, 85, 87, 89, ¶ [32]) corresponding to the first slit (Figs. 1-2), including a material with no elasticity (¶ [38]), and being arranged outside the band (Figs. 1-2), and the one or more opening portions being provided as a pair respectively apart from the pair of end portions inside a longitudinal direction of the band (Figs. 1-2, ¶ [32]), wherein the one or more opening portions further comprise a reinforcement member (stitching 82) arranged along edges of the first slit and the second slit (Figs. 1-2, ¶ [32], please note that upon modification of Kim’s invention in view of Gormley and Jasper with features of Austin, the second slit(s) would be arranged outside the elastic band of Kim and the one or more opening portions would be provided as a pair respectively apart from the pair of hanging portions of the elastic band of Kim).
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 Kim’s invention in view of Gormley and Jasper wherein the one or more opening portions each include an additional member, the additional member including a second slit corresponding to the first slit, including a material with no elasticity, and being arranged outside the (elastic) band, and the one or more opening portions being provided as a pair respectively apart from the pair of (hanging) portions inside a longitudinal direction of the (elastic) band, wherein the one or more opening portions further comprise a reinforcement member arranged along edges of the first slit and the second slit as taught by Austin in order to provide for a more durable and stronger apparatus and prevent the one or more openings from being teared during performance of various exercises/stretches by a user.
Regarding claim 5, Kim in view of Gormley, Jasper and Austin teaches wherein the one or more opening portions comprise a plurality of opening portions (Jasper: i.e., 3, Fig. 1) between the pair of hanging portions (Kim: ends of the band 120, Fig. 1; Jasper: end portions of the band/line (1 with 2), Fig. 1) and the pair of balls (Kim: 110,110a; Jasper: pair of ball-shaped heads (4)) are selectively inserted into or pulled out from the plurality of opening portions (Jasper: Fig. 1, Please note that upon modification of Kim’s invention in view of Gormley with features of Jasper, the elastic band of Kim would include the one or more/plurality of opening portions (as taught by Jasper) between the pair of hanging portions of the elastic band and the pair of balls at each end of the elastic band of Kim can be selectively inserted into or pulled out from the one or more/plurality of opening portions).
Regarding claim 6, Kim in view of Gormley, Jasper and Austin teaches wherein the penetration portion (Gormley: 16) has a slit shape through which to insert the elastic band (Gormley: Figs. 2-3), and an adhesive or a fixing member (Gormley: i.e., 34) is arranged inside the penetration portion to fix the elastic band (Gormley: Figs. 2-3, ¶ [21]).
Regarding claim 7, Kim in view of Gormley, Jasper and Austin teaches wherein each of the pair of balls further comprises a fixed portion (Gormley: i.e., 34) arranged inside the penetration portion (Gormley: Figs. 2-3), connecting both inner ends of the penetration portion (Gormley: Figs. 2-3), and to which the hanging portion is tied (Gormley: Figs. 2-3, ¶ [21], as much as applicant has shown the fixed portion connecting both inner ends of the penetration portion, Gormley is also teaching such. Also as stated previously, please note that upon modification of Kim’s invention with features of Gormley, each of the pair of balls would include such a fixed portion).
Regarding claim 8, Kim in view of Gormley, Jasper and Austin teaches wherein the hanging portion is inserted into the penetration portion (Gormley: Figs. 2-3), is wound around an outer surface of the fixed portion, and then passes through the penetration portion (Gormley: Figs. 2-3).
Response to Arguments
Applicant's arguments filed 04/07/2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding claim 1 stating:
“ In contrast, Applicant respectfully submits that the cited references and combinations thereof fail to disclose or suggest the above-cited features of amended Claim 1.
In particular, in rejecting Claims 3 and 4, the Examiner relied on Austin for the
subject matter of the additional member and the reinforcement member. However, Austin fails to simultaneously disclose both an "additional member" including a second slit and a "reinforcement member" arranged along edges of the first slit and the second slit, as now claimed in Claim 1. Specifically, there are two possible interpretations of Austin, and neither interpretation meets all of the features of Claim 1, as explained below.
First interpretation: If the reinforcement strips (80, 85, 87, 89) of Austin are interpreted as the "additional member," then the reinforcement strips do not include any slit or opening of their own. Rather, the reinforcement strips of Austin are structures that wrap around the curved edges (66) of the apertures. Thus, there is no "second slit corresponding to the first slit" within the reinforcement strips. As a result, this interpretation fails to meet the claimed features that the additional member includes "a second slit corresponding to the first slit."
Second interpretation: Alternatively, if the lateral strips (88, 90) and slit (92) of
Austin's gripping assembly are interpreted as the "additional member" having a "second slit," then there is no remaining structure that reads on the claimed "reinforcement member arranged along edges of the first slit and the second slit." In Austin, the stitching (82) is used to fix the reinforcement strip (80) around the curved edge (66) of the aperture and is not arranged along the edges of the slit (92). Accordingly, this interpretation fails to meet the claimed features of "a reinforcement member arranged along edges of the first slit and the second slit."
Thus, under either interpretation, Austin does not disclose or suggest both an "additional member" including a second slit and a "reinforcement member" arranged along edges of the first slit and the second slit, as recited in amended Claim 1. Additionally, Kim, Gormley, and Jasper are all silent regarding any additional member or reinforcement member arranged on the elastic band, as the Examiner acknowledged in the outstanding Office Action”,
the Examiner respectfully disagrees and would like to mention the followings.
Each of the reinforcement strips (80, 85, 87, 89) of Austin, is an additional member that includes a second slit/slot. Austin in ¶ [32] recites:
“The assembly 20 includes a plurality of peripheral annular members, in this example peripheral annular reinforcement strips that extend around the curved portions of the towel adjacent to respective ones of the apertures. This is shown in FIG. 2 by reinforcement strip 80, which is rectangular in shape in this example and which extends about aperture 68. Stitching 82 extends through the reinforcement strip and the curved edge 66 of the towel. Reinforcement strips 81, 83, 85, 87 and 89 extend around apertures 62, 64, 70, 72, and 74, respectively”.
According to ¶ [32] of Austin, the reinforcement strips (80, 85, 87, 89), are annular reinforcement strips. According to a dictionary definition (merriam-webster.com), the term “annular” means: of, relating to, or forming a ring. As such, each of the annular reinforcement strips have a shape of/form a ring. A ring includes a slot/opening (of its own). Therefore, each of the reinforcement strips, is an additional member that includes a second slit/slot. Furthermore, Austin, in the same paragraph, further teaches that stitching 82 extend through the reinforcement strip. Stitching 82, is a reinforcement member that is arranged along edges of the first slit/slot (within/formed by each opening 68, 70, 72, 74) and the second slit/slot (within/formed by each annular reinforcement strip 80, 85, 87, 89). As such, Austin does teach both an “additional member” including a second slit (i.e., annular reinforcement strips) and a “reinforcement member” (i.e., stitching 82) arranged along edges of the first slit and the second slit, as claimed in claim 1.
Applicant’s similar arguments regarding Kim, Gormley and Jasper are moot, as none of these references have been used as a reference to teach an additional member and/or reinforcement member arranged on the elastic band.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
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/SHILA JALALZADEH ABYANEH/ Primary Examiner, Art Unit 3784
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