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 .
Status of Claims
Claims 1-19, as filed on 06/18/2024, are currently pending and considered 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 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, 4-10, 12-14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over US 7500324 B1 (Power et al; henceforth Power) in view of US 20160310308 A1 (Ferri) in further view of US 9232829 B2 (Breach).
Regarding Independent Claim 1, Power discloses an exercise device (Figure 1), comprising:
a footbed (upper component 10); a chassis (lower component 20, Figure 3) having a first surface mated to the footbed (joint 30) and a second opposed surface bottom surface of lower component 20;
PNG
media_image1.png
197
537
media_image1.png
Greyscale
Figure 3: Power
a strap (strap assemblies 40, 50) configured to secure a foot onto the footbed (see Figure 1); and at least one balance dome (fulcrum objects 72, 76, Figure 4).
Power does not disclose the footbed having a toe separator; the second opposed surface having a plurality of attachment points; and the at least one balance dome releasably attachable to a selected attachment point.
Ferri teaches an analogous exercise device in the same field of endeavor (Device, Figure 8) comprising: a footbed (footwear 800) with a toe separator (toe frame 102). It would have been obvious for one skilled in the art at the time of filing to modify the footbed to include a toe frame attached to the footbed, as taught by Ferri, in order to allow the user to grip onto the footbed with their toes.
PNG
media_image2.png
353
438
media_image2.png
Greyscale
Power as modified teaches the invention as substantially claimed, see above. Power does not disclose the second opposed surface having a plurality of attachment points; and the at least one balance dome releasably attachable to a selected attachment point.
Breach teaches an analogous exercise device in the same field of endeavor comprising:
a chassis (boot 100) having a surface having an attachment point (threaded circle 106); and at least one balance dome (training aids 10, Figures 1-12) releasably attachable to a selected attachment point (via screw 14 threaded into circle 106).
It would have been obvious for one skilled in the art at the time of filing to modify the second surface to have threaded apertures for each of the balance domes and each of the balance domes to have screws releasably attachable to said threaded apertures, as taught by Breach, in order to allow the user to interchange the amount of balance domes at one time and allow for exchange for maintenance.
Power as modified by Breach further discloses the second opposed surface having a plurality of attachment points (each of said fulcrums includes an attachment point in the second surface); and the at least one balance dome releasably attachable to a selected attachment point (each of said fulcrums includes a threaded screw releasably attachable to respective threaded aperture attachment points).
PNG
media_image3.png
380
516
media_image3.png
Greyscale
Figure 14
Regarding Claim 4, Power as modified further discloses the exercise device of claim 1, wherein the attachment points include a plurality of recessed openings (each of said fulcrum objects have individual threaded circles for attachment).
Regarding Claim 5, Power as modified further discloses the exercise device of claim 4, wherein the recessed openings include threaded cylinders (said threaded circles 106 are threaded cylinders sized for the screws).
Regarding Claim 6, Power as modified further discloses the exercise device of claim 5, wherein the at least one balance dome includes a first planar surface (upper surface of each object 72, 76 flush with the bottom side of lower component 20) with a threaded bolt extending therefrom (screw 14 extends upwardly from the upper surface of each object and is threaded selectively into the threaded circles 106).
Regarding Claim 7, Power as modified further discloses the exercise device of claim 6, wherein the at least one balance dome includes a second opposed semi-hemispherical surface (see Figure 4 wherein the objects have semi-hemispherical shapes on a second opposing side).
Regarding Claim 8, Power as modified further discloses the exercise device of claim 1, further comprising a plurality of balance domes (fulcrum objects 72, 76).
Regarding Claim 9, Power as modified further discloses the exercise device of claim 8, wherein the plurality of balance domes have different dimensions (see Figure 4 wherein objects 72, 76 have different sizes).
Regarding Claim 10, Power as modified further discloses the exercise device of claim 8, wherein the plurality of balance domes has different hardnesses (“the lower component has at least one compressible fulcrum object attached thereto. In yet another preferred embodiment, the lower component has at least one substantially non-compressible fulcrum object attached thereto” Col. 2, lines 53-57; one of said fulcrums is compressible while the other is non-compressible such that they have different hardnesses).
Regarding Claim 12, Power as modified further discloses the exercise device of claim 1, wherein the chassis includes anchors onto which the strap is secured (fasteners 49, 59 via upper component 10).
Regarding Claim 13, Power as modified further discloses the exercise device of claim 12, wherein the strap includes a pair of releasably attachable wings (Velcro ends 52, 46).
Regarding Claim 14, Power as modified further discloses the exercise device of claim 13, wherein the pair of releasably attachable wings include a hook and loop fastener (each of said Velcro ends comprises hook and loop fasteners as to be Velcro).
Regarding Independent Claim 16, Power discloses a method, comprising: providing an exercise device (Figure 1) that includes:
a footbed (upper component 10), and a chassis (lower component 20); attaching at least one balance dome to the opposed surface (see Figures 1-4); strapping a foot onto the footbed (“The user's foot is affixed to the upper component 10 using a front strap assembly 40 and a rear strap assembly 50” Col 3, lines 61-62), and performing a balance mode exercise (“challenge to balance that helps increases general balance in the lower as well as the upper body” Col. 5, lines 62-63).
Power does not disclose the footbed having a toe separator, and the chassis having a plurality of attachment points on an opposed surface from the footbed; attaching at least one balance dome to a selected attachment point on the opposed surface; wherein a first toe and second toe are separated by the toe separator.
Ferri teaches an analogous exercise device in the same field of endeavor (Device, Figure 8) comprising: a footbed (footwear 800) with a toe separator (toe frame 102); wherein a first toe and a second toe are separated by the toe separator (said toe frame 102 has framing to fit between each toe such that every toe is separated). It would have been obvious for one skilled in the art at the time of filing to modify the footbed to include a toe frame attached to the footbed and separate toes using said toe seperator, as taught by Ferri, in order to allow the user to grip onto the footbed with their toes.
PNG
media_image2.png
353
438
media_image2.png
Greyscale
Power as modified teaches the invention as substantially claimed, see above. Power does not disclose the chassis having a plurality of attachment points on an opposed surface from the footbed; attaching at least one balance dome to a selected attachment point on the opposed surface.
Breach teaches an analogous exercise device in the same field of endeavor comprising:
a chassis (boot 100) having a surface having an attachment point (threaded circle 106); and at least one balance dome (training aids 10, Figures 1-12) releasably attachable to a selected attachment point (via screw 14 threaded into circle 106).
PNG
media_image3.png
380
516
media_image3.png
Greyscale
Figure 14
It would have been obvious for one skilled in the art at the time of filing to modify the second surface to have threaded apertures for each of the balance domes and each of the balance domes to have screws releasably attachable to said threaded apertures, as taught by Breach, in order to allow the user to interchange the amount of balance domes at one time and allow for exchange for maintenance.
Power as modified by Breach further discloses the second opposed surface having a plurality of attachment points (each of said fulcrums includes an attachment point in the second surface); and the at least one balance dome releasably attachable to a selected attachment point (each of said fulcrums includes a threaded screw releasably attachable to respective threaded aperture attachment points).
Regarding Claim 17, Power as modified further discloses the method of claim 16, wherein the at least one balance dome is attached with a threaded bolt (screw 14) that screws into a threaded cylinder at the selected attachment point (said screw 14 is configured to thread into threaded opening 106).
Allowable Subject Matter
Claims 2, 11, 15, 18-20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 2, the prior art of record US 7500324 B1 (Power et al; henceforth Power) in view of US 20160310308 A1 (Ferri) in further view of US 9232829 B2 (Breach) fails to teach or render obvious exercise device in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein the chassis includes a toe separator column extending from the first surface and wherein the footbed includes an opening through which the toe separator column extends.
The prior art of record teaches the toe separator column extending from the footbed, which are not considered equivalent to applicant’s invention. It would not have been obvious for one skilled in the art at the time of filing to modify the toe separator to be attached to the chassis and pass through the footbed through a hole without improper hindsight.
Regarding Claim 11, the prior art of record US 7500324 B1 (Power et al; henceforth Power) in view of US 20160310308 A1 (Ferri) in further view of US 9232829 B2 (Breach) fails to teach or render obvious exercise device in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein the chassis includes a lip around a perimeter of the chassis that extends away from the second opposed surface.
The prior art of record does not teach a lip around the perimeter extending away from the second opposed surface. It would not have been obvious for one skilled in the art at the time of filing to modify the perimeter to include a lip without improper hindsight.
Regarding Claim 15, the prior art of record US 7500324 B1 (Power et al; henceforth Power) in view of US 20160310308 A1 (Ferri) in further view of US 9232829 B2 (Breach) fails to teach or render obvious exercise device in combination with all of the elements and structural and functional relationships as claimed and further including:
a second recess and third recess implemented on opposite sides of the toe separator to receive a first and a second toe.
The prior art of record does not disclose recesses on opposite sides of the toe separator. It would not have been obvious for one skilled in the art at the time of filing to modify the device to include recesses without improper hindsight by modifying a teaching reference.
Regarding Claim 18 and 19, the prior art of record US 7500324 B1 (Power et al; henceforth Power) in view of US 20160310308 A1 (Ferri) in further view of US 9232829 B2 (Breach) fails to teach or render obvious the method in combination with all of the elements and structural and functional relationships as claimed and further including:
removing the at least one balance dome and attaching a different balance dome, wherein the different balance dome is a different size than the at least one balance dome.
The prior art of record does not disclose removing the at least one balance dome and attaching a different balance dome. It would not have been obvious for one skilled in the art at the time of filing to modify the method to include changing out the balance domes without improper hindsight and without modifying a teaching reference.
Regarding Claim 20, the prior art of record US 7500324 B1 (Power et al; henceforth Power) in view of US 20160310308 A1 (Ferri) in further view of US 9232829 B2 (Breach) fails to teach or render obvious the method in combination with all of the elements and structural and functional relationships as claimed and further including:
removing the at least one balance dome and performing glider exercises.
The prior art of record does not disclose removing the at least one balance dome and performing glider exercises. It would not have been obvious for one skilled in the art at the time of filing to modify the method to include gliding exercises without improper hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T MOORE whose telephone number is (571)272-0063. The examiner can normally be reached Monday - Thursday 8:00am - 4:00pm EST.
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 on (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.
/ZACHARY T MOORE/Examiner, Art Unit 3784