DETAILED ACTION
This is the First Office Action on the Merits based on the 18/745,986 application filed on 06/17/2024 and which claims as originally filed have been considered in the ensuing 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
Application 18/745,986 is a continuation of application 17/963,158 filed 10/10/2022 now US Patent 12,011,637, which is a continuation of application 16/011,563 filed 06/18/2018 now US Patent 11,465,012, which claims priority to a provisional filed 06/06/2017. Accordingly, application 18/745,986 has priority to 06/06/2017.
Election/Restrictions
In the reply filed 01/09/2026, Species B (Fig. 8-12C) was elected with traverse. With respect to the arguments stating that the species are not mutual exclusive and do not require a separate search, the Examiner respectfully disagrees. The embodiment shown in Figs 1-7 has different structural and functional limitations than the embodiment shown in Figs. 8-12C that would require different art and different searches. While the Applicant states that paragraphs contemplate each species having a metal panel, the differences between the species includes more than the metal panel. Species B specifically discloses a suspension pivot point having a bracket, element and mounting block that is not found in Species A. Claims 2-5 and 13-15 have been withdrawn.
The election has been made final.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/17/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 10 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 12 of U.S. Patent No. 11,465,012. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Instant application 18/745,986
US Patent 11,465,012
Claim
Limitation
Claim
Limitation
1
a frame; a suspension connector connected to the frame; a flexible deck connected to the suspension connector, the flexible deck extending a width and a length of the frame; and a belt disposed on the flexible deck.
The Examiner notes that claim 1 of US 11,465,012 is much more specific than claim 1 of the instant application. However, the frame, suspension connecter, flexible deck and belt are all claimed in claim 1.
1
a frame; a continuous belt supported by the frame; a plurality of suspension connectors pivotally connected to the frame to allow rotation of the plurality of suspension connectors in a vertical plane; a flexible deck disposed within the continuous belt and connected to the plurality of suspension connectors
10
Wherein the suspension connectors provides at least one of rotation or translation of at least a portion of the flexible deck relative to the frame.
1
the plurality of suspension connectors comprising a first suspension connector and a second suspension connector; and an intermediate support disposed between the frame and the flexible deck and between the first suspension connector and the second suspension connector; wherein: the flexible deck is configured to flex in response to a load applied by a user striding on the continuous belt; each of the plurality of suspension connectors includes a suspension pivot configured to allow pivoting of the flexible deck around the suspension pivot; the flexible deck and the continuous belt form a support surface for the user; and the frame extends from a first end of the support surface to a second end of the support surface.
12
providing a frame; connecting a suspension connector to the frame; connecting a flexible deck to the suspension connector, the flexible deck extending a width and a length of the frame; and disposing a belt on the flexible deck.
The Examiner notes that claim 12 of US 11,465,012 is much more specific than claim 12 of the instant application. However, the frame, suspension connecter, flexible deck and belt are all claimed in claim 12.
12
providing a frame; providing a continuous belt supported by the frame; pivotally connecting a plurality of suspension connectors to the frame to allow rotation of the plurality of suspension connectors in a vertical plane, the plurality of suspension connectors comprising a first suspension connector and a second suspension connector; positioning a flexible deck within the continuous belt to form a support surface and attaching the flexible deck to the plurality of suspension connectors; and disposing an intermediate support between the flexible deck and the frame and between the first suspension connector and the second suspension connector, wherein the frame extends from a first end of the support surface to a second end of the support surface.
Claims 1, 6-12, 16-18, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 15-17, and 19 of U.S. Patent No. 12,011,637. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Instant application 18/745,986
US Patent 12,011,637
Claim
Limitation
Claim
Limitation
1
a frame; a suspension connector connected to the frame; a flexible deck connected to the suspension connector, the flexible deck extending a width and a length of the frame; and a belt disposed on the flexible deck.
The Examiner notes that claim 1 of US 12,011,637 is much more specific than claim 1 of the instant application. However, the frame, suspension connecter, flexible deck and belt are all claimed in claim 1.
1
a frame; a plurality of suspension connectors connected to the frame; a flexible deck connected to the plurality of suspension connectors; a belt disposed on the flexible deck;
9
an intermediate support disposed between the frame and the flexible deck.
1
and an intermediate support disposed between the frame and the flexible deck and between the plurality of suspension connectors,
10
the suspension connector provides at least one of rotation or translation of at least a portion of the flexible deck relative to the frame.
1
wherein the plurality of suspension connectors provide at least one of rotation or translation of at least a portion of the flexible deck relative to the frame.
6
a wear surface that reduces wear of the flexible deck.
2
a wear surface that reduces wear of the flexible deck.
7
the wear surface is disposed between the flexible deck and the belt.
3
the wear surface is disposed between the flexible deck and the belt.
8
an end of the flexible deck is supported by at least one suspension connector of the plurality of suspension connectors and connected to the at least one suspension connector via one or more deck fasteners.
4
an end of the flexible deck is supported by at least one suspension connector of the plurality of suspension connectors and connected to the at least one suspension connector via one or more deck fasteners.
11
the suspension connector comprises a suspension pivot, the suspension pivot connected to the frame, wherein a portion the flexible deck pivots around the suspension pivot in response to an applied force on the flexible deck.
6
at least one suspension connector of the plurality of suspension connectors comprises a suspension pivot, the suspension pivot connected to the frame, wherein the portion the flexible deck pivots around the suspension pivot in response to an applied force on the flexible deck.
12
providing a frame; connecting a suspension connector to the frame; connecting a flexible deck to the suspension connector, the flexible deck extending a width and a length of the frame; and disposing a belt on the flexible deck.
15
providing a frame; connecting a plurality of suspension connectors to the frame; connecting a flexible deck to the plurality of suspension connectors; disposing a belt on the flexible deck;
18
Providing one or more intermediate supports and disposing the one or more intermediate supports between the frame and the flexible deck.
15
and disposing an intermediate support between the frame and the flexible deck and between the plurality of suspension connectors, wherein the plurality of suspension connectors provide at least one of rotation or translation of at least a portion of the flexible deck relative to the frame.
16
providing a wear surface that reduces wear of the flexible deck.
16
providing a wear surface that reduces wear of the flexible deck.
17
disposing the wear surface between the flexible deck and the belt.
17
disposing the wear surface between the flexible deck and the belt.
20
connecting the flexible deck to the suspension connector via one or more deck fasteners, wherein the suspension connector is configured to support the flexible deck.
19
supporting an end of the flexible deck by at least one suspension connector of the plurality of suspension connectors; and connecting the flexible deck to the at least one suspension connector via one or more deck fasteners.
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, 6-12, 16-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hou (US 9,452,314).
Regarding claim 1:
Hou discloses a frame (base 62); a suspension connector (elastic strip 1) connected to the frame (see Fig. 13, the elastic strip is connected to the frame at its ends); a flexible deck (support strip 3 create a flexible deck collectively) connected to the suspension connector, the flexible deck extending a width and a length of the frame (see Fig. 13); and a belt (belt 71) disposed on the flexible deck.
[AltContent: textbox (Suspension pivot)][AltContent: arrow][AltContent: textbox (Deck fasteners)][AltContent: arrow][AltContent: arrow]
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Regarding claim 6:
Hou discloses that the flexible deck further comprises a wear surface (the top surface of the flexible deck has been considered the wear surface), the wear surface configured to reduce the wear of the flexible deck (the flexible deck in conjunction with the elastic strip is configured to reduce wear).
Regarding claim 7:
Hou discloses that the wear surface is disposed between the flexible deck and the belt (see Fig. 13).
Regarding claim 8:
Hou discloses that an end of the flexible deck is supported by the suspension connector and connected to the suspension connector via one or more deck fasteners (see annotated Fig. above).
Regarding claim 9:
Hou discloses that an intermediate support (second elastic strip 2) disposed between the frame and the flexible deck (see Fig. 13).
Regarding claim 10:
Hou discloses that the suspension connector provides at least one of rotation or translation of at least a portion of the flexible deck relative to the frame (the elastic strips allow for translation of the flexible deck relative to the frame).
Regarding claim 11:
Hou discloses that the suspension connector comprises a suspension pivot (the end of the first elastic strip has been considered a suspension pivot as it is an area in which the flexible deck can pivot or translate around), the suspension pivot connected to the frame, wherein a portion the flexible deck pivots around the suspension pivot in response to an applied force on the flexible deck.
Regarding claim 12:
Hou discloses providing a frame (base 62); connecting a suspension connector (elastic strip 1) to the frame; connecting a flexible deck (support strip 3 create a flexible deck collectively) to the suspension connector, the flexible deck extending a width and a length of the frame (see Fig. 13); and disposing a belt (belt 71) on the flexible deck.
Regarding claim 16:
Hou discloses that providing a wear surface (the top surface of the flexible deck has been considered the wear surface) and coupling the wear surface to the flexible deck (see Fig. 13).
Regarding claim 17:
Hou discloses that disposing the wear surface between the flexible deck and the belt (see Fig. 13).
Regarding claim 18:
Hou discloses that providing one or more intermediate supports (elastic strip 2) and disposing the one or more intermediate supports between the frame and the flexible deck (see Fig. 13).
Regarding claim 20:
Hou discloses that connecting the flexible deck to the suspension connector via one or more deck fasteners (see annotated Fig. above), wherein the suspension connector is configured to support the flexible deck.
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.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hou (US 9,452,314) in view of Molter et al (US 8,118,888). Hou discloses the device as substantially claimed above.
Regarding claim 19:
Hou fails to specifically disclose adjusting a stiffness of the intermediate supports based on a weight of a user.
Molter et al teaches a treadmill with leaf springs (50,54) configured to cushion and support the tread belt of the treadmill. Molter et al further teaches that the leaf springs are adjustable in stiffness (see abstract).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the elastic strip of Hou to be adjustable as taught by Molter et al to more easily accommodate different users.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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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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/Megan Anderson/ Primary Examiner, Art Unit 3784