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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in United Kingdom (UK) on 06/30/2022. It is noted, however, that applicant has not filed a certified copy of the GB2310106.6 application as required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities: In ¶ [0001], applicant recites: “The present invention claims priority to UK application number GB2310106.6…filed on July 1, 2023”. However, according to the Application Data Sheet (ADS), the UK application number GB2310106.6, has a filing date of June 30, 2022. As such, it is unclear which filing date is the correct filing date of the UK application number GB2310106.6. Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: the phrase “weight members;” in line 4, needs to be changed to “weight members,”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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)(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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LV et al. (CN 214679843 U, a translation copy of this document has been provided with this Office Action. The cited paragraphs are with respect to the translation copy).
Regarding claim 1, LV discloses a dumbbell, comprising:
a pair of spaced-apart weight members (2, Figs. 1-2);
a central linking member connecting the weight members (1 alone or with the portion shown in Fig. 2 below, Figs. 1-2); and
two lateral linking members (31), each connecting the weight members (Fig. 2);
wherein the central linking member is oriented diagonally relative to the lateral linking members to facilitate ergonomic handling of the dumbbell (Fig. 2, ¶ [9]-[10], [35]-[36]).
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Regarding claim 2, LV discloses wherein the lateral linking members (31) are arcuate in shape to provide a gap between the central linking member and each of the lateral linking members, thereby reducing the risk of wrist impact during use (Figs. 2-3, please note that the phrase “to provide a gap between the central linking member and each of the lateral linking members, thereby reducing the risk of wrist impact during use” is considered a functional language and an intended use limitation, and as such, the prior art is only required to teach the structure claimed and be able to perform the function. In this case, the two lateral linking members (31) are arcuate in shape and provide a gap between the central linking member and each of the lateral linking members, thereby capable of reducing the risk of wrist impact during use).
Regarding claim 3, LV discloses wherein the central linking member and the lateral linking members are configured to allow gripping by one or both hands of a user, enabling the dumbbell to be used in a manner similar to both a traditional dumbbell and a kettlebell (Figs. 1-2, ¶ [9]-[10], the central linking member and the lateral linking members allow gripping by one or both hands of a user, thereby enabling the dumbbell to be used in a manner similar to both a traditional dumbbell and a kettlebell).
Regarding claim 4, LV discloses wherein at least one of the weight members includes a flat surface (each of the weight members, is in a shape of a square) to prevent the dumbbell from rolling when placed on a flat surface (Figs. 1-2).
Regarding claim 5, LV discloses wherein the weight members are adjustable in weight (Figs. 1-2, ¶ [12], [15], [30], [37]).
Claims 1 and 3-5 are also rejected under 35 U.S.C. 102(a)(1) as being anticipated by Towley, III et al. (US 5,779,604, hereinafter referred to as “Towley”).
Regarding claim 1, Towley discloses a dumbbell, comprising:
a pair of spaced-apart weight members (24 (including 34 with/without 38) on each side, Fig. 4);
a central linking member connecting the weight members (30, Fig. 4); and
two lateral linking members, each connecting the weight members (32, Fig. 4);
wherein the central linking member is oriented diagonally relative to the lateral linking members to facilitate ergonomic handling of the dumbbell (Fig. 4, col. 3 lines 22-42).
Regarding claim 3, Towley discloses wherein the central linking member and the lateral linking members are configured to allow gripping by one or both hands of a user, enabling the dumbbell to be used in a manner similar to both a traditional dumbbell and a kettlebell (Fig. 4, the central linking member and the lateral linking members allow gripping by one or both hands of a user, thereby enabling the dumbbell to be used in a manner similar to both a traditional dumbbell and a kettlebell).
Regarding claim 4, Towley discloses wherein at least one of the weight members includes a flat surface to prevent the dumbbell from rolling when placed on a flat surface (Fig. 4, col. 3 lines 60-61, each of the weights 24 is square/rectangular shaped).
Regarding claim 5, Towley discloses wherein the weight members are adjustable in weight (Fig. 4, col. 3 lines 43-52).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for a list of further pertinent prior art references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
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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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/SHILA JALALZADEH ABYANEH/Primary Examiner, Art Unit 3784