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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/5/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-9 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 6,629,913 (Chen) in view of US 4,351,526 (Schwartz).
Regarding claim 1, Chen discloses an exercise device (abstract, see FIG. 1 below) comprising:
a body 14 comprised of a first end cap 46 positioned at a first end of the body and a second end cap 46 positioned around a second end of the body (wheels 46 on opposing sides of handgrip 44 of handroller 14 can be interpreted as end caps since applicant discloses an end cap being a circular structure that can rotate 360 degrees, which essentially describes a wheel-like structure - see FIG. 1 below, Col 4:47-62).
PNG
media_image1.png
665
423
media_image1.png
Greyscale
However, Chen does not disclose an appendage positioned on the body; and a recessed area positioned on the body.
Schwartz teaches an analogous exercise device having a body 10’ and two end caps 24’, 25’ (see FIG. 5 below) and further teaches an appendage 13,14 positioned on the body 10’ (resilient fingers 13,14 - see FIG. 5 below, Col 3:1-41); and a recessed area 29’ positioned on the body (the passage 29’ formed between the resilient fingers 13,14 and the body 10’ can be interpreted as the recessed area - FIG. 5, Col 3:29-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen’s device with the appendage and recessed area as taught by Schwartz in order to provide an ergonomic grip design that snugly holds the device in place around the user’s hand.
PNG
media_image2.png
282
438
media_image2.png
Greyscale
Regarding claim 2, modified Chen teaches the exercise device of claim 1, and Chen further discloses wherein the first end cap 46 and the second end cap 46 can rotate 360 degrees relative to a Y-axis of the body 14 (wheels 46 are designed to rotate in such a manner - Col 4:47-65).
Regarding claim 3, modified Chen teaches the exercise device of claim 1, and Chen further discloses wherein the body 14 is comprised of a texture (handgrip may be textured - Col 4:52-54).
Regarding claim 4, modified Chen teaches the exercise device of claim 1, and Chen further discloses wherein the first end cap 46 and the second end cap 46 are comprised of a circular shape (FIG. 1).
Regarding claim 5, modified Chen teaches the exercise device of claim 4, and Chen further discloses wherein the first end cap 46 and the second end cap 46 are smooth or ridged (wheels have an outer rim that is smooth - Col 4:56-62).
Regarding claim 6, modified Chen teaches the exercise device of claim 1, and Chen further discloses a resistance band 16 (pair of elastic tensioning members 16 provide resistance to movement of the handroller 14 away from the pad 12 - FIG. 1, Col 2:44-53).
Regarding claim 7, modified Chen teaches the exercise device of claim 6, and Chen further discloses wherein the resistance band 16 is comprised of a housing 12 that the resistance band retracts into (pad 12 can be interpreted as a housing since the pad 12 houses a portion of the tensioning members 16 therein - FIGS. 1 and 4; if it is desired to shorten the length of the tensioning member 16, the stopper 78 is disengaged, and the tension of each spring coil 74 causes each wheel to rotate so as to wind each tensioning member 16 around each respective wheel, thus effectively retracting each tensioning member 16 into the pad 12 - Col 4:16-30, FIG. 4).
Regarding claim 8, modified Chen teaches the exercise device of claim 6, and Chen further discloses wherein the resistance band 16 is comprised of a first fastener 38 and a second fastener 38 (a pair of fasteners 38 receive the tensioning members 16 - Col 3:39-44, FIG. 2; the exercise device may comprise a pair of fastening mechanisms, each operably connected with one tensioning member - Col 3:45-48).
Regarding claim 9, modified Chen teaches the exercise device of claim 6, and Chen further discloses wherein the resistance band 16 is adjustable in length (the length of the tensioning members is adjusted by pulling the tensioning members 16 through the fastener 26 - Col 3:27-31; tensioning members are wound around fasteners 38 until the desired length for the tensioning members 16 is achieved - Col 3:41-44; the fastening mechanism of FIG. 4 has the advantage that the length and/or tension for each tensioning member 16 may be adjusted individually - Col 4:16-30).
Regarding claim 19, Chen discloses a method of using an exercise device (abstract, see FIGS. 1, 3a, 3o, and 3p below), the method comprising the following steps:
providing an exercise device comprised of a body 14 comprised of a first end cap 46 and a second end cap 46 wherein both the first cap and the second cap rotate 360 degrees relative to a Y-axis of the body (wheels 46 on opposing sides of handgrip 44 of handroller 14 can be interpreted as end caps since applicant discloses an end cap being a circular structure that can rotate 360 degrees, which essentially describes a wheel-like structure - see FIG. 1 below, Col 4:47-62);
placing the body 14 on a ground surface (see FIGS. 3a, 3o, and 3p below);
kneeling or planking on the ground (see FIGS. 3a, 3o, and 3p below);
extending a user’s arm to roll the body away from a body of the user while keeping the body of the user above the ground surface (Col 5:60 to 6:14; see FIGS. 3a, 3o, and 3p below); and
retracting a user’s arm to roll the body towards the body of the user while keeping the body of the user above the ground surface (Col 5:60 to 6:14; see FIGS. 3a, 3o, and 3p below).
PNG
media_image1.png
665
423
media_image1.png
Greyscale
PNG
media_image3.png
520
293
media_image3.png
Greyscale
However, Chen does not disclose the body is comprised of a recessed area and an appendage.
Schwartz teaches an analogous exercise device having a body 10’ and two end caps 24’, 25’ (see FIG. 5 below) and further teaches an appendage 13,14 positioned on the body 10’ (resilient fingers 13,14 - see FIG. 5 below, Col 3:1-41); and a recessed area 29’ positioned on the body (the passage 29’ formed between the resilient fingers 13,14 and the body 10’ can be interpreted as the recessed area - FIG. 5, Col 3:29-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen’s device with the appendage and recessed area as taught by Schwartz in order to provide an ergonomic grip design that snugly holds the device in place around the user’s hand.
PNG
media_image2.png
282
438
media_image2.png
Greyscale
Regarding claim 20, modified Chen teaches the method of using an exercise device of claim 19, and Chen further discloses wherein the exercise device is further comprised of a resistance band 16 that can attach to the body 14 (pair of elastic tensioning members 16 provide resistance to movement of the handroller 14 away from the pad 12 - FIG. 1, Col 2:44-53).
Claims 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Schwartz and US 6,709,370 (Evans).
Regarding claim 10, Chen discloses an exercise device (abstract, see FIG. 1 below) comprising:
a body 14 comprised of a first end cap 46 positioned at a first end of the body and a second end cap 46 positioned around a second end of the body (wheels 46 on opposing sides of handgrip 44 of handroller 14 can be interpreted as end caps since applicant discloses an end cap being a circular structure that can rotate 360 degrees, which essentially describes a wheel-like structure - see FIG. 1 below, Col 4:47-62).
PNG
media_image1.png
665
423
media_image1.png
Greyscale
However, Chen does not disclose an appendage positioned on the body; and a recessed area positioned on the body.
Schwartz teaches an analogous exercise device having a body 10’ and two end caps 24’, 25’ (see FIG. 5 below) and further teaches an appendage 13,14 positioned on the body 10’ (resilient fingers 13,14 - see FIG. 5 below, Col 3:1-41); and a recessed area 29’ positioned on the body (the passage 29’ formed between the resilient fingers 13,14 and the body 10’ can be interpreted as the recessed area - FIG. 5, Col 3:29-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen’s device with the appendage and recessed area as taught by Schwartz in order to provide an ergonomic grip design that snugly holds the device in place around the user’s hand.
PNG
media_image2.png
282
438
media_image2.png
Greyscale
However, modified Chen does not disclose a base comprised of a first sidewall comprised of a first channel that receives the first end cap, a second sidewall comprised of a second channel that receives the second end cap, and a bottom wall comprised of a recessed area.
Evans teaches a base 108 comprising a first sidewall comprised of a first channel that receives a first end cap (the first weight side support structure 158 can be interpreted as a first side wall and it comprises a first channel formed between the curved plate 156, raised outer side wall 160, and the recessed inner side wall 162; the first weight side support structure 158 is adapted to support one end of a dumbbell 100 therein - Col 3:23-32, see FIGS. 1 and 2 below), a second sidewall comprised of a second channel that receives a second end cap (the second weight side support structure 172 can be interpreted as a second side wall and it comprises a first channel formed between the curved plate 170, raised outer side wall 174, and the recessed inner side wall 176; the second weight side support structure 172 is adapted to support the other end of a dumbbell 100 therein - Col 3:37-52, see FIGS. 1 and 2 below), and a bottom wall comprised of a recessed area (bottom wall can be interpreted as the combination of the top end 148, the recessed inner side wall 162 and the recessed inner side wall 176 as best shown in FIG. 2 below; the recessed area can be interpreted as the empty area defined by the top end 148, the recessed inner side wall 162 and the recessed inner side wall 176 - see FIG. 2 below).
Since the design of Chen’s handroller 14 (see Chen: FIG. 1) is similarly shaped and dimensioned as the dumbbell positioned in the base of Evans (see Evans: FIG. 1), it would have been predictable to a person of ordinary skill in the art that Chen’s handroller would be able to rest in the base of Evans. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Chen’s device with the base as taught by Evans. The motivation for doing so would be to provide a place to store the handroller when not in use.
PNG
media_image4.png
773
491
media_image4.png
Greyscale
Regarding claim 11, modified Chen teaches the exercise device of claim 10, and Chen further discloses wherein the first end cap 46 and the second end cap 46 can rotate 360 degrees relative to a Y-axis of the body 14 (wheels 46 are designed to rotate in such a manner - Col 4:47-65)..
Regarding claim 12, modified Chen teaches the exercise device of claim 10, and Chen further discloses wherein the body 14 is comprised of a texture (handgrip may be textured - Col 4:52-54).
Regarding claim 13, modified Chen teaches the exercise device of claim 10, and Chen further discloses wherein the first end cap 46 and the second end cap 46 are comprised of a circular shape (FIG. 1).
Regarding claim 14, modified Chen teaches the exercise device of claim 13, and Chen further discloses wherein the first end cap 46 and the second end cap 46 are smooth or ridged (wheels have an outer rim that is smooth - Col 4:56-62).
Regarding claim 15, modified Chen teaches the exercise device of claim 10, and Chen further discloses a resistance band 16 (pair of elastic tensioning members 16 provide resistance to movement of the handroller 14 away from the pad 12 - FIG. 1, Col 2:44-53).
Regarding claim 16, modified Chen teaches the exercise device of claim 15, and Chen further discloses wherein the resistance band 16 is comprised of a housing 12 that the resistance band 16 retracts into (pad 12 can be interpreted as a housing since the pad 12 houses a portion of the tensioning members 16 therein - FIGS. 1 and 4; if it is desired to shorten the length of the tensioning member 16, the stopper 78 is disengaged, and the tension of each spring coil 74 causes each wheel to rotate so as to wind each tensioning member 16 around each respective wheel, thus effectively retracting each tensioning member 16 into the pad 12 - Col 4:16-30, FIG. 4).
Regarding claim 17, modified Chen teaches the exercise device of claim 15, and Chen further discloses wherein the resistance band 16 is comprised of a first fastener 38 and a second fastener 38 (a pair of fasteners 38 receive the tensioning members 16 - Col 3:39-44, FIG. 2; the exercise device may comprise a pair of fastening mechanisms, each operably connected with one tensioning member - Col 3:45-48).
Regarding claim 18, modified Chen teaches the exercise device of claim 15, and Chen further discloses wherein the resistance band 16 is adjustable in length (the length of the tensioning members is adjusted by pulling the tensioning members 16 through the fastener 26 - Col 3:27-31; tensioning members are wound around fasteners 38 until the desired length for the tensioning members 16 is achieved - Col 3:41-44; the fastening mechanism of FIG. 4 has the advantage that the length and/or tension for each tensioning member 16 may be adjusted individually - Col 4:16-30).
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