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 .
Claim Objections
Claims 8-12 are objected to because of the following informalities:
Claims 8-12 line 1 “the combination of claim” should be corrected to “the combination of a self-adjusting roller and a hex port sleeve as part of an exercise machine of claim” for the sake of consistent preamble language.
Appropriate correction is required.
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 11 are rejected under 35 U.S.C. 103 as being unpatentable over GB2611092A to Gilbert (hereinafter “Gilbert”) in view of US11389694B1 to Walker (hereinafter “Walker”).
Regarding claim 1, Gilbert discloses a roller for user with an exercise machine (Fig. 1 apparatus 10, horizontal arm 36, foam pad 42), the self-adjusting roller comprising:
a connection assembly (Fig. 1 mating portions 24, 26, rotational pivot 34, allow for coupling of the roller to the exercise machine), having:
a pin receiver coupled to the center body via the member (Fig. 2 pin 34 slots into the pin receiver which is defined in actuation arm 38); and
a pin extending into the pin receiver (Fig. 2 pin 34),
a user engageable apparatus coupled to the support (Fig. 2 foam pad 42);
wherein the user engageable apparatus is configured to be manipulated by a user during an exercise (Examiner notes the foam pad 42 may be pressed upon (manipulated by) the user).
Gilbert does not disclose a plate with a plurality of apertures extending through the plate, a rotating connection extending from the plate, the rotating connection having a center body with a member extending therefrom and a support extending therefrom, the center body has a center axis around which the center body can rotate, wherein, when in the locked configuration, the pin extends through a selected one of the plurality of apertures; and wherein, when in the free configuration, the pin is retained out of any of the plurality of apertures; wherein the user can select between the locked configuration and the free configuration; and wherein the free configuration allows the user engageable apparatus to self-adjust during use. However, Walker teaches an exercise apparatus which has a plate with a plurality of apertures extending through the plate (Fig. 3 perforations 26, wheel 16), a rotating connection extending from the plate (Fig. 3 center perforation 28), the rotating connection having a center body with a member extending therefrom and a support extending therefrom (Fig. 4 & 6 center pin hole 110, Fig. 6 shows center pin 307 which goes in the center pin hole), the center body has a center axis around which the center body can rotate (Fig. 4 shows pin 108 allows for rotation around center hole 110), wherein, when in the locked configuration, the pin extends through a selected one of the plurality of apertures; and wherein, when in the free configuration, the pin is retained out of any of the plurality of apertures; wherein the user can select between the locked configuration and the free configuration; and wherein the free configuration allows the user engageable apparatus to self-adjust during use (Figs. 3 & 4 pin 108 may be placed in any one of the perforations 26; Examiner notes that when the pin is drawn back out of the perforations it is in the free configuration, and when the pin is in one of the perforations it is in the locked configuration; Examiner further notes that being in the free configuration allows the apparatus self-adjust).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection arm of Gilbert to have a plate with a plurality of apertures which has an adjustable center connection, and a pin allowing for free and locked configurations, as taught by Walker, in order to allow for rotation exercises for their hips and knees (Col. 22 lines 61-67 – Col. 23 lines 1-30). Examiner notes this modification will allow for greater range of motion and adjustability for the foam pad and arm of Gilbert.
Regarding claim 2, Gilbert in view of Walker discloses the self-adjusting roller of claim 1, and Gilbert as modified by Walker further discloses wherein pin receiver is configured such that the pin can extend therethrough and into the selected one of the plurality of apertures or the pin can be rotated such that the pin is locked into the free configuration (Examiner notes that Gilbert as modified by Walker has a pin 108 which extends through the perforations 26; Examiner further notes the pin is capable of being locked into the free configuration when it is not inserted through one of the perforations).
Regarding claim 3, Gilbert in view of Walked discloses the self-adjusting roller of claim 1, and Gilbert further discloses a connector extending from the plate and configured to engage with the exercise machine to couple the self-adjusting roller to the exercise machine (Gilbert Fig. 1 mating portions 24, 26, rotational pivot 34, allow for coupling of the roller to the exercise machine; Examiner notes the mating portions and rotational pivot extend indirectly from the protruding arm 36 via actuation arm 38).
Regarding claim 4, Gilbert in view of Walker discloses the self-adjusting roller of claim 3, and Gilbert further discloses wherein the connector is configured to couple to a trolley of a hex port sleeve, the hex port sleeve coupled to the exercise machine (Fig. 1 mating portions 24, 26, rotational pivot 34 connect to strut 12).
Regarding claim 5, Gilbert in view of Walker discloses the self-adjusting roller of claim 4, and Gilbert further discloses wherein the connector includes at least one section with a hexagonal cross-section (See Gilbert Annotated Fig. 1 for designation of the hexagonal cross-section).
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Regarding claim 6, Gilbert in view of Walker discloses the self-adjusting roller of claim 1, and Gilbert further discloses wherein the user engageable apparatus is a pad (Fig. 2 foam pad 42).
Regarding claim 7, Gilbert discloses a combination of a self-adjusting roller and a hex port sleeve as part of an exercise machine (Fig. 1 rotational pivot 34 connect to strut 12, apparatus 10, horizontal arm 36, foam pad 42), the combination comprising:
the self-adjusting roller (Fig. 1 horizontal arm 36, foam pad 42), having:
a user engageable apparatus coupled to the support (Fig. 1 foam pad 42);
wherein the user engageable apparatus is configured to be manipulated by a user during an exercise (Examiner notes the foam pad 42 may be pressed upon (manipulated by) the user);
the hex port sleeve (Fig. 1 strut 12), having:
a trolley forming a channel to receive a post of the exercise machine (Fig. 1 mated attachment 28 receives strut 12);
a trolley pin extending into the channel to lock the trolley at a location along the post (Fig. 2 locking pin 32);
a receiver coupled to the trolley, the receiver having a port to receive the connector, thereby coupling the self-adjusting roller to the hex port sleeve (Fig. 1 mating portions 24, 26, rotational pivot 34 connect to strut 12; Examiner notes that the arm 36 and pad 42 are connected to the trolley via the rotational pivot 34); and
a locking pin extending into the port to lock the connector therein (Fig. 2 rotational pivot 34).
Gilbert does not disclose a plate with a plurality of apertures extending through the plate, a rotating connection extending from the plate, the rotating connection having a center body with a member extending therefrom and a support extending therefrom, the center body has a center axis around which the center body can rotate a pin receiver coupled to the center body via the member a pin extending into the pin receiver, the pin receiver selectively supporting the pin in a locked configuration and in a free configuration, wherein, when in the locked configuration, the pin extends through a selected one of the plurality of apertures, and wherein, when in the free configuration, the pin is retained out of any of the plurality of apertures. However, Walker teaches an exercise apparatus which has a plate with a plurality of apertures extending through the plate (Fig. 3 perforations 26, wheel 16), a rotating connection extending from the plate (Fig. 3 center perforation 28), the rotating connection having a center body with a member extending therefrom and a support extending therefrom (Fig. 4 & 6 center pin hole 110, Fig. 6 shows center pin 307 which goes in the center pin hole), the center body has a center axis around which the center body can rotate (Fig. 4 shows pin 108 allows for rotation around center hole 110), wherein, when in the locked configuration, the pin extends through a selected one of the plurality of apertures; and wherein, when in the free configuration, the pin is retained out of any of the plurality of apertures; wherein the user can select between the locked configuration and the free configuration; and wherein the free configuration allows the user engageable apparatus to self-adjust during use (Figs. 3 & 4 pin 108 may be placed in any one of the perforations 26; Examiner notes that when the pin is drawn back out of the perforations it is in the free configuration, and when the pin is in one of the perforations it is in the locked configuration; Examiner further notes that being in the free configuration allows the apparatus self-adjust).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection arm of Gilbert to have a plate with a plurality of apertures which has an adjustable center connection, and a pin allowing for free and locked configurations, as taught by Walker, in order to allow for rotation exercises for their hips and knees (Col. 22 lines 61-67 – Col. 23 lines 1-30). Examiner notes this modification will allow for greater range of motion and adjustability for the foam pad and arm of Gilbert.
Gilbert as modified by Walker further discloses a connector extending from the plate (Fig. 1 mating portions 24, 26, rotational pivot 34 connect to strut 12; Fig. 1 mating portions 24, 26, rotational pivot 34, allow for coupling of the roller to the exercise machine; Examiner notes the mating portions and rotational pivot extend indirectly from the protruding arm 36 via actuation arm 38 (i.e. position where Gilbert’s protruding arm is modified by Walker’s plate to allow for rotational adjustment)).
Regarding claim 8, Gilbert in view of Walker discloses the combination of claim 7, and Gilbert as modified by Walker further discloses wherein pin receiver is configured such that the pin can extend therethrough and into the selected one of the plurality of apertures or the pin can be rotated such that the pin is locked into the free configuration (Examiner notes that Gilbert as modified by Walker has a pin 108 which extends through the perforations 26; Examiner further notes the pin is capable of being locked into the free configuration when it is not inserted through one of the perforations).
Regarding claim 9, Gilbert in view of Walker discloses the combination of claim 7, and Gilbert further discloses wherein the connector includes at least one section with a hexagonal cross-section (See Gilbert Annotated Fig. 1 for designation of the hexagonal cross-section).
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Regarding claim 11, Gilbert in view of Walker discloses the combination of claim 7, and Gilbert further discloses wherein the user engageable apparatus is a pad (Fig. 2 foam pad 42).
Claim 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbert in view of Walker as applied to claim 9 above, and further in view of US20230099317A1 to Tighe et al. (hereinafter “Tighe”).
Regarding claim 10, Gilbert in view of Walker discloses the combination of claim 9, and Gilbert discloses a connector which has a hexagonal cross-section (See rejection of claim 9 above). Gilbert does not explicitly disclose wherein the port is a hexagonal shape such that the port coordinates with the at least one section of the connector. However, Tighe teaches an exercise apparatus which has a hexagonal port shape which coordinates with a connector (Fig. 20 aperture 162; Paragraph 0074 discloses the aperture has a hexagonal shape for rotatably fixing the nut during threading on the bolt).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the rotational pivot of Gilbert to have a connector with a hexagonal cross-section, as taught by Tighe, as an alternative means to rotatably fix the device (Paragraph 0074).
Regarding claim 12, Gilbert in view of Walker discloses the combination of claim 7, but Gilbert does not disclose wherein the hex port sleeve further comprises one or more locking bolts configured to tighten into the channel. However, Tighe teaches an exercise apparatus which has an additional locking bolt (Fig. 16 stop pin 140; Paragraph 0072 discloses the stop pin configuration in addition to the pivot pin (See paragraph 0070) avoids visible wear (i.e. paint damage)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the mating portion of Gilbert to further include a stop pin, as taught by Tighe, in order to provide protection against visible wear (Paragraph 0072).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20220347036-A1 to Dossman; US-20220323289-A1 to Suokas; US-20220096314-A1 to Nagy; US-20220096307-A1 to Doran; US-20220001235-A1 to Meredith; US-20210113878-A1 to Stinton; US-20210138296-A1 to Purnell; US-20210038940-A1 to Marti; US-20200306131-A1 to Weinstein; US-20200188725-A1 to Carter; US-20200188719-A1 to Brand; US-20200155892-A1 to Grossman; US-20200094096-A1 to Sorin; US-20200086171-A1 to Meredith; US-20190374807-A1 to Nolan; US-20190344116-A1 to Bartolotta; US-20190275363-A1 to Jones; US-20190269573-A1 to Paniccia; US-20190247713-A1 to Tylee; US-20190201734-A1 to Sorin; US-20190030393-A1 to Petersen; US-20180361200-A1 to Walker; US-20180311529-A1 to Sadikaj; US-20180142832-A1 to Inouye; US-20180126215-A1 to Ho; US-20180104139-A1 to Guy; US-20180098905-A1 to Nelson; US-20160354627-A1 to Cygan; US-20160279459-A1 to Walker; US-20160193495-A1 to Nelson; US-20150273268-A1 to Chen; US-20140364285-A1 to Moschel; US-20140364284-A1 to Moschel; US-20140221881-A1 to Schlauder; US-20140080685-A1 to Butler; US-20140038798-A1 to Littell; US-20110040219-A1 to Tanner; US-20110034304-A1 to Kuo; US-20100125030-A1 to Shifferaw; US-20100105530-A1 to Inaizumi; US-20090017995-A1 to Freiberg; US-20080096735-A1 to Grider; US-20080058173-A1 to Mattox; and US-20070254787-A1 to Matsubara.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER RAUBENSTRAW whose telephone number is (571)272-0662. The examiner can normally be reached Monday-Friday 7:30-5:30.
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, BRANDY LEE can be reached at 571-270-3525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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