DETAILED ACTION
This Final Office Action is in response to the amendment filed on 07/14/2026. Claims 1, 3-7, and 9-14 are acknowledged as pending, with claims 1, 4, 6, and 9 being currently amended.
Response to Amendment
The Examiner acknowledges the amendments to claims 1, 4, 6, and 9 and the introduction of new claims 11-14.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
The claim limitation “support mechanism” present in claims 1-6 and 8-10 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “mechanism” for performing the claimed function;
b) The term “mechanism” is modified by the functional language “to support the backrest so as to allow the backrest to reciprocate to right and left and to rotate in roll”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “support mechanism” present in claims 1-6 and 8-10, this limitation is taken to describe “a horizontal guide portion 70, a guide bracket 71, two compression coil springs 72, a fixed plate 73, and a connection unit 74.” (Para. [0044]).
The claim limitation “restoring device” present in claim 7 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “device” for performing the claimed function;
b) The term “device” is modified by the functional language “to return the backrest to a neutral position”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “restoring device” present in claim 7, this limitation is taken to describe “coil springs 72 or rubber strings” (Para. [0048] and [0061]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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, 3-7, 9-10, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US Patent Pub. No. 2022/0408927; FP: 06/29/2021) in view of Nakai (JP H119375A; DP: 01/19/1999).
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Aoki discloses a lower extremity exercise system (See Figure 12 above) comprising an exercise chair (Chair 3; Figures 6 and 14) that allows a user to perform a lower extremity exercise in a sitting position (i.e., a user can perform lower extremity exercises as seen in Figure 11), and a lower extremity exercise device (Rowing device 2; Figure 12), the exercise chair comprising: a seating portion (Seating surface 14a; Figure 6) configured to allow the user to sit on; a backrest (Backrest part 50; Figure 14) configured to support a back of the user, and a support (position adjustment part 51; Figure 14), the backrest is configured to be set to pass through either a midpoint of a line segment connecting two shoulder blades of the user sitting on the seat or a fourth thoracic vertebra of the user sitting on the seat. (i.e., the member 52 of Aoki can be adjusted to be at the midpoint axis of the user as seen in Figure 2 of Aoki ; Para. [0085] of Aoki “The coupling unit 52 is configured in such a way that it can be extended and retracted vertically. Accordingly, it is possible to cause the backrest part 50 to move vertically in accordance with the skeleton of the user U and dispose the backrest part 50 in a suitable position with respect to the back of the user U.”).
The Office notes that the term “support mechanism” has been interpreted under 112(f), detailed in the 112(f) section of the Office Action above, to cover the structures of “a horizontal guide portion 70, a guide bracket 71, two compression coil springs 72, a fixed plate 73, and a connection unit 74” which is not disclosed within the Aoki reference.
Aoki does not disclose a support mechanism configured to support the backrest, wherein the support mechanism is configured to support the backrest so as to allow the backrest to reciprocate to right and left and to rotate in roll.
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Nakai teaches an analogous chair (Chair seen in Figures 1 and 6 above) in the same field of endeavor as the claimed invention that comprises a support mechanism (Linear motion mechanism 60, mounting plate 6a, springs 39 and 40, rotating plate 6b, and a built in hole bearing; Figures 1 and 6; i.e., the support mechanism has been interpreted under 112(f), detailed in the 112(f) section of the Office Action above, to cover the structures of “a horizontal guide portion 70, a guide bracket 71, two compression coil springs 72, a fixed plate 73, and a connection unit 74”, the corresponding structure of Nakai is disclosed to be a horizontal guide portion/linear motion mechanism 60, a guide bracket/mounting plate 6a, two compression coil springs/return springs 39 and 40, a fixed plate/rotating plate 6b, and a connection unit 74/built-in hole bearing between mounting plate 6a and rotating plate 6b) configured to support the backrest (Backrest B; Figures 1 and 6), wherein the support mechanism is configured to support the backrest so as to allow the backrest to reciprocate to right and left direction (i.e., the reciprocating mechanism 60 allows for right to left movement) and to rotate in roll (i.e., the mounting plates 6a,6b and the built in bearing allow for the roll action of the chair seen in Figure 3; additionally, the combination of the linear and roll action is seen in Figure 10), wherein an axis of roll rotation of the backrest is configured to be set to pass through either a midpoint of a line segment connecting two shoulder blades of the user sitting on the seat or a fourth thoracic vertebra of the user sitting on the seat without inducing roll rotation of the backrest when the user moves the backrest to the right and left direction (i.e., the chair is able to rotate at a midpoint segment of the shoulders of the user by the linear action of the reciprocating mechanism 60 and roll action of the mounting plate 6a-b of Nakai).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support of Aoki to be the support mechanism of Nakai in order to provide an adjustable seat for a user to comfortably sit in the chair during lower extremity exercises.
Regarding claim 3, Aoki in view of Nakai teaches the seating portion is allowed to rotate in roll (i.e., the seat 14 has a roll axis 10R; Para. [0092] of Aoki “The supporting part 11 supports the movable part 10 in such a way that the movable part 10 is swung to the right and to the left about the roll axis 10R that is extended backward and forward. The roll axis 10R is set below the movable part 10 when the movable part 10 is positioned at the neutral position.”).
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Regarding claim 4, Aoki in view of Nakai teaches the seating portion is allowed to reciprocate to right and left (i.e., the seating portion can reciprocate on rails 22a-b as seen in Figures 5 and 6 of Aoki).
Regarding claim 5, Aoki in view of Nakai teaches the seating portion is not allowed to rotate in yaw (Para. [0108] of Aoki “…the seat 14 may be configured so as not to be able to turn about the yaw axis with respect to the movable part body 30…”).
Regarding claim 6, Aoki in view of Nakai teaches a restraint device (Fixing belt unit 53; Figure 2; i.e., the restraint device has been interpreted under 112(f) to be a belt such as the belt 53 of Aoki) configured to restrain a trunk of the user to the backrest.
Regarding claim 7, Aoki in view of Nakai teaches the support mechanism includes a restoring device (Springs 39 and 40; Figure 6 of Nakai; i.e., the restoring device has been interpreted under 112(f) to be coil springs such as the springs 39 and 40 of Nakai) configured to return the backrest to a neutral position.
Regarding claim 9, Aoki in view of Nakai teaches the lower extremity exercise device is an exercise device configured to at least apply a load for extension and flexion exercises of hip and knee joints of the user (i.e., the rowing device 2 of Aoki allows for lower extremity exercises that activate the hips and knees of a user).
Regarding claim 10, Aoki in view of Nakai teaches the lower extremity exercise device is a pedal exercise device or a stepper exercise device (i.e., the rowing device 2 of Aoki is a pedal and stepper exercise device as seen in Figure 12 above).
Regarding claim 13, Aoki in view of Nakai teaches the support mechanism includes a spring (One of return springs 39 and 40; Figure 6 of Nakai) configured to return the backrest to a neutral position.
Regarding claim 14, Aoki in view of Nakai teaches the support mechanism includes a guide bar connection portion (Coupling member 52; Figure 1 of Aoki), a guide bracket (Slide tubes 35, 36 and fixed plate 37; Figure 6 of Nakai) configured to move relative to the guide bar connection portion, and a resilient member (Return spring 40; Figure 6) between the guide bracket and the guide bar connection portion and connected to the guide bracket and the guide bar connection portion.
Response to Arguments
Applicant's arguments filed on 07/14/2026 have been fully considered but they are not persuasive. The Examiner disagrees with the argument that “coupling unit 52 being extended or retracted vertically does not allow roll rotation.” The Aoki reference has modified the coupling unit 52 to have the support mechanism of Nakai which includes the rolling mechanism of the rotating plate 6b and mounting plate 6a to allow for the rolling action of the back rest when a user performs lower extremity workouts using the lower extremity device 2 of Aoki. The Examiner was referencing the coupling unit 52 of Aoki that holds the supporting mechanism of Nakai allows for adjustment of the supporting mechanism to be at a midpoint axis of a user. The Nakai reference is an analogous chair device that is in the same field of endeavor as the chair device of Aoki.
Allowable Subject Matter
Claims 11 and 12 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 prior art of record Nakashima (US Patent Pub No. 2024/0001215; PD: 01/04/2024), Aoki (US Patent Pub. No. 2022/0408927; FP: 06/29/2021), Nakai (JP H119375A; DP: 01/19/1999), Harlow (US Patent No. 10,272,282; PD: 04/30/2019), and (US Patent No.; EFD:) fail to teach or render obvious claims 11 and 12.
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Harlow discloses an exercise chair (Chair 10; Figure 1A), the exercise chair comprising: a seat (Seat surface 106; Figure 1A) configured to allow the user to sit on; a backrest (Supports 104 and 105; Figure 1A) configured to support a back of the user; and a support mechanism (Flexible connection mechanism 116 and support 102; Figure 1A) configured to support the backrest, wherein the support mechanism is configured to support the backrest so as to allow the backrest to rotate in roll but does not teach a lower extremity exercise system, comprising an exercise chair that allows a user to perform a lower extremity exercise in a sitting position, and a lower extremity exercise device, the support mechanism is configured to support the backrest so as to allow the backrest to reciprocate to a right and left direction and wherein an axis of roll rotation of the backrest is configured to be set to pass through either a midpoint of a line segment connecting two shoulder blades of the user sitting on the seat or a fourth thoracic vertebra of the user sitting on the seat without inducing roll rotation of the backrest when the user moves the backrest to the right and left direction.
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 ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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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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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784
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