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 .
Election/Restrictions
Applicant's election with traverse of Group I (Claims 1-14) in the reply filed on 01/29/2026 is acknowledged. The traversal is on the ground(s) that the two groups of claims (Group I: claims 1-14; Group II: claims 15-20), are directed toward an exercise apparatus, both having a strap attached to a board, that this single “board may then be locked in place via different attachments” according to ¶ [006] of the specification; in other words, an engagement member and a hollow tube with an insertion member may be attached to and provided with the same board in a single exercise apparatus, and the parts may be interchangeable based on the user’s needs, which allows the apparatus to “be used and/or stored in multiple locations, providing the user flexibility” according to ¶ [005] of the specification, and that additionally both groups of claims allow the apparatus to be attached to household items, such as a door or a bed frame, therefore, in light of the similarities between the two groups of claims, any additional search or examination burden should be minimal.
This is not found persuasive because Group I (claims 1-14) is directed towards an apparatus comprising: a board having a front side and a back side; an engagement member extending from the back side of the board; a strap attached to the board and extending in front of the front side of the board; and an adjustment member located above the engagement member and having a proximate end and a distal end, the proximate end accessible from the front side of the board and the distal end extending rearwardly from the back side of the board, wherein the proximate end of the adjustment member is adapted to be manipulated by a user to adjust a length of the distal end of the adjustment member extending from the back side of the board, while Group II (claims 15-20) is directed towards an exercise apparatus comprising: a board having a front side and a back side; a strap attached to the board and extending in front of the front side of the board; a hollow tube extending from the board; an insertion member at least partially inserted into the hollow tube forming a saddle extending from the back side of the board. As such, it can be seen from the claims, that the apparatus of Group I, has a materially different design, mode of operation, function or effect than that of Group II. The apparatus of Group I is the embodiment shown in Figs. 1-5 and 8, while the apparatus of Group II is another embodiment shown in Figs. 6-7. The original specification also describes the various (two) embodiments. Specifically, the specification recites:
“[007] In one embodiment, the apparatus is locked in place by engaging the bottom edge of a structure (e.g., the bottom of a door or bed frame). This embodiment shall be referred to herein as the “Bottom Engagement Embodiment.” This embodiment includes a board having at least one engagement member and at least one adjustment member, both extending from the back side of the board. The apparatus may optionally include at least one bottom support extending from the bottom edge of the board.
[008] In the Bottom Engagement Embodiment, the apparatus is locked in place by engaging the engagement member with a lower edge of the structure, such as a door or bed frame. A user then adjusts the distal length of the adjustment member extending from the back side of the board to abut the structure. The distal length is adjusted by manipulating the accessible proximate end of the adjustment member. The optional bottom support may also engage the ground. The apparatus is locked in place when the engagement member engages the bottom edge of the structure, the adjustment member abuts the structure, and optionally the bottom support engages the ground.
[009] In another embodiment, the apparatus is locked in place by engaging the top edge of a structure (e.g., the top edge of the foot of a bed frame). This embodiment shall be referred to herein as the “Top Engagement Embodiment.” This embodiment also includes a board with a strap extending in front of the front side of the board. A hollow tube extends from the board with an insertion member at least partially inserted into the hollow tube. The insertion member and the hollow tube form a saddle extending from the back side of the board.
[0010] In the Top Engagement Embodiment, the saddle extending from the back side of the board hooks onto the top edge of a structure. Once hooked on the top edge of a structure, the insertion member may then be further inserted into the hollow tube to adjust the dimensions of the saddle. By adjusting the dimensions of the saddle, the apparatus may sandwich the structure between the back of the board and the insertion member locking the board in place.
[0013] In one embodiment, the exercise apparatus comprises a board having a front side and a back side. An engagement member extends from the back side of the board. A strap is attached to the board and extends in front of the front side of the board. An engagement member having a proximate end and a distal end is located above the engagement member. The proximate end of the engagement member is accessible from the front side of the board and the distal end extends rearwardly from the back side of the board. The proximate end is adapted to be manipulated by a user the length of the distal end extending from the back side of the board. The proximate end of the adjustment member may include a mating head. The embodiment may also include a front support extending from the front side of the board and/or a bottom support extending from the bottom edge of the board.
[0015] Another embodiment of the present invention includes an exercise apparatus comprising a board having a front side and a back side. A strap attached to the board extends in front of the front side of the board. A hollow tube extends from the board. An insertion member is at least partially inserted into the hollow tube forming a saddle extending from the back side of the board. The insertion member may be L-shaped. The hollow tube may extend from a mount located on the back side of the board. In one embodiment, the exercise apparatus further comprises a locking apparatus. The exercise apparatus may also include at least two hollow tubes and at least two insertion members.
[0016] Preferred exemplary embodiments of the invention are illustrated in the accompanying drawings in which like reference numerals represent like parts throughout, and in which:
FIG. 1 illustrates an isometric view of the front side of an embodiment of an exercise apparatus.
FIG. 2 illustrates an isometric view of the back side of the exercise apparatus shown in FIG. 1.
FIG. 3 illustrates a front view of the front side of the exercise apparatus shown in FIG. 1.
FIG. 4 illustrates a back view of the back side of the exercise apparatus shown in FIG. 1.
FIG. 5 illustrates a side view of the exercise apparatus shown in FIG. 1 while the apparatus is engaged with a structure.
FIG. 6 illustrates an isometric view of the back side of another embodiment of an exercise apparatus.
FIG. 7 illustrates a side view of the exercise apparatus shown in FIG. 6 while the apparatus is engaged with a structure.
FIG. 8 illustrates a plan view of a modified adjustment member”
Nowhere in the specification, applicant has recited any parts of the exercise apparatus may be interchangeable based on the user’s needs, or that the board in the exercise apparatus of the first embodiment is the same as the board of the second exercise apparatus. In fact, both the front side and the back side of the exercise apparatus of Group I, as shown in Figs.1-4 are different than the front side and the back side of the exercise apparatus of Group II, as shown in Figs. 6-7. For instance, the board (2) in Figs. 1-4, has a back side that includes adjustment members (9) and a plurality of holes (21), and the front side of the board (2) includes a front support (25) extending from the front side of the board, while the board (4) in Figs. 6-7 has a back side devoid of any adjustment members and any holes, but includes a hollow tube (30) extending from the board and an insertion member (34), at least partially inserted into the hollow tube forming a saddle extending from the back side of the board (4). However, exercise apparatus of Group I as shown in Figs. 1-5, lacks any hollow tube or insertion members on its back side. Furthermore, since each of these groups of claims, have different parts (i.e., adjustment member having a proximate end and a distal end, the proximate end being accessible from the front side of the board and the distal end extending rearwardly from the back side of the board in Group I, hollow tube and insertions member inserted into the hollow tube to form a saddle in Group II), at least different search terms and queries are required. Therefore, there would be a serious search and/or examination burden if restriction were not required.
The requirement is still deemed proper and is therefore made FINAL.
As a result, Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II/Invention II, and Claims 1-14 have been examined as set forth below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “front side of the board accessible through a slit in the front support” in claim 6, and the “an elastic band” in claim 13, must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 5 is objected to because of the following informalities: the phrase “a user” in line 7, needs to be changed to “the user”. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: the phrase “connected the board” in line 4, needs to be changed to “connected to the board”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: the term “includes” in line 2, needs to be changed to “includes:”. Appropriate correction is required.
Claim 14 is objected to because of the following informalities: the phrase “a foot” in line 7, needs to be changed to “the foot”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 1 recites: “wherein the proximate end of the adjustment member is adapted to be manipulated by a user to adjust a length of the distal end of the adjustment member extending from the back side of the board”. However, it is unclear how a length of the distal end of the adjustment member would be adjusted through manipulation of the proximal end. The original specification in ¶ [0043] recites: “In one embodiment, as shown in FIG. 8, the proximate end 62 is adapted to have a mating head 60. The mating head may be a notch or slot for a flat head screwdriver, a Philips head screwdriver connection, a hex head, a turn-able knob, or any other known mechanical connection to allow turning of the adjustment member 9. A user manipulates the mating head 60 causing the length of the distal end 64 of the adjustment member 9 extending from the back side of the board 4 to either increase or decrease”, and in ¶ [0045] recites: “In one embodiment, the adjustment member 9 is a modified bolt, as shown in FIG. 8”. It appears from ¶ [0043] and ¶ [0045] as well as Fig. 8, that the adjustment member (9) is a (modified) bolt, having a mating head (60) at the proximate end (62) that can be manipulated. However, it appears from Fig. 8, that the distal end is circular and as such it is unclear what is considered as “a length of the distal end”. Furthermore, it appears that the bolt (9) (including the proximate end and the distal end) has a set, non-adjusting length. In other words, manipulating the mating head (60) does not appear to increase or decrease the length of the bolt (9). As such, it is unclear how a length of the distal end or a length of the bolt/adjustment member (9) (which appear to have a set length) is adjusted. Further clarification and appropriate corrections are respectfully requested. Claims 2-8 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency upon claim 1.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 3 recites: “The exercise apparatus of claim 1, further comprising: at least two engagement members; and at least two adjustment members”, while claim 1, upon which claim 3 depends, recites: “An exercise apparatus comprising…an engagement member…and an adjustment member”. However, it is unclear whether the “at least two engagement members” and the “at least two adjustment members” recited in claim 3, are part of or in addition to “an engagement member” and “an adjustment member”, recited in claim 1, respectively. Further clarification and appropriate corrections are respectfully requested.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reasons. Claim 9, lines 10-11, recites: “adjusting the length of the distal end of the adjustment member extending from the back side of the board by manipulating the proximate end of the adjustment member”. However, there is insufficient antecedent basis for the limitation “the length of the distal end” in the claim. Applicant is advised to amend this limitation to recite “a length of the distal end” to overcome the antecedent basis rejection. Furthermore, similar to claim 1 above, it is unclear how a length of the distal end of the adjustment member can be adjusted through manipulation of the proximal end. The original specification in ¶ [0043] recites: “In one embodiment, as shown in FIG. 8, the proximate end 62 is adapted to have a mating head 60. The mating head may be a notch or slot for a flat head screwdriver, a Philips head screwdriver connection, a hex head, a turn-able knob, or any other known mechanical connection to allow turning of the adjustment member 9. A user manipulates the mating head 60 causing the length of the distal end 64 of the adjustment member 9 extending from the back side of the board 4 to either increase or decrease”, and in ¶ [0045] recites: “In one embodiment, the adjustment member 9 is a modified bolt, as shown in FIG. 8”. It appears from ¶ [0043] and ¶ [0045] as well as Fig. 8, that the adjustment member (9) is a (modified) bolt, having a mating head (60) at the proximate end (62) that can be manipulated. However, it appears from Fig. 8, that the distal end is circular and as such it is unclear what is considered as “a length of the distal end”. Furthermore, it appears that the bolt (9) (including the proximate end and the distal end) has a set, non-adjusting length. In other words, manipulating the mating head (60) does not appear to increase or decrease the length of the bolt (9). As such, it is unclear how a length of the distal end or a length of the bolt/adjustment member (9) (which appear to have a set length) is adjusted. Further clarification and appropriate corrections are respectfully requested. Claims 10-14 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency upon claim 9.
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 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 1-2 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fleming (US 2,050,652).
Regarding claim 1, Fleming discloses an exercise apparatus comprising:
a board (i.e., 12) having a front side and a back side (as shown below);
an engagement member (10) extending from the back side of the board (Figs. 1-2);
a strap (23) attached to the board and extending in front of the front side of the board (Figs. 1-2); and
an adjustment member (16) located above the engagement member (please note that as shown below, the adjustment member (16) is arranged towards the front end of the board (12), while the engagement member (10) is arranged towards the rear end of the board (12). As such, under broadest reasonable interpretation (BRI) of the claim, depending on one’s view point of the device and placement of the device, the adjustment member (16) arranged towards the front end of the board can be considered being above the engagement member (10) arranged towards the rear end) and having a proximate end (as shown below) and a distal end (as shown below), the proximate end accessible from the front side of the board (Figs. 1-2) and the distal end extending rearwardly from the back side of the board (Figs. 2-3), wherein the proximate end of the adjustment member is adapted to be manipulated by a user to adjust a length of the distal end of the adjustment member extending from the back side of the board (col. 1 lines 46-55, please note that as much as applicant has shown a length of the distal end is being adjusted, Fleming is also showing such).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Mating head)][AltContent: textbox (Proximate end
of the adjustment member)][AltContent: arrow][AltContent: textbox (Back side
of the board)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Rear end
of the board)][AltContent: arrow][AltContent: textbox (Front side
of the board)][AltContent: arrow][AltContent: textbox (Front end
of the board)][AltContent: textbox (Distal end
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Regarding claim 2, Fleming discloses wherein the proximate end of the adjustment member comprises a mating head (as shown above), and manipulating the mating head adjusts the length of the distal end of the adjustment member extending from the back side of the board (Figs. 1-3, col. 1 lines 46-55).
Regarding claim 9, Fleming discloses a method of exercising comprising:
providing an exercise apparatus that includes
a board (i.e., 12) having a front side and a back side (as shown below);
an engagement member (10) extending from the back side of the board (Figs. 1-2);
a strap (23) attached to the board and extending in front of the front side of the board (Figs. 1-2); and
an adjustment member (16) located above the engagement member (please note that as shown below, the adjustment member (16) is arranged towards the front end of the board (12), while the engagement member (10) is arranged towards the rear end of the board (12). As such, under broadest reasonable interpretation (BRI) of the claim, depending on one’s view point of the device and placement of the device, the adjustment member (16) arranged towards the front end of the board can be considered being above the engagement member (10) arranged towards the rear end) and having a proximate end (as shown below) and a distal end (as shown below), the adjustment member having a proximate end accessible from the front side of the board and the distal end extending rearwardly from the back side of the board (Figs. 1-2);
engaging the engagement member with a lower edge defined by a structure (Fig. 2, structure 14, the engagement member 10 engages with a lower edge defined by 14 using 15);
adjusting the length of the distal end of the adjustment member extending from the back side of the board by manipulating the proximate end of the adjustment member (col. 1 lines 46-55, please note that as much as applicant has shown a length of the distal end is being adjusted, Fleming is also showing such);
abutting the distal end of the adjustment member against the structure (via nut 17, Fig. 2);
interlocking a foot to the strap and connecting the foot to the front side of the board (Fig. 4);
performing an exercise while maintaining the connection between the foot and the front side of the board (Fig. 4, col. 1 lines 30-32).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Mating head)][AltContent: textbox (Proximate end
of the adjustment member)][AltContent: arrow][AltContent: textbox (Back side
of the board)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Rear end
of the board)][AltContent: arrow][AltContent: textbox (Front side
of the board)][AltContent: arrow][AltContent: textbox (Front end
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of the board)][AltContent: textbox (Rear end
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Claim 1 is also rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maki (US 5,891,002).
Regarding claim 1, Maki discloses an exercise apparatus comprising: a board (82) having a front side (at 86 in Fig. 11), and a back side (at 88 in Fig. 11); an engagement member (94 towards the rear end of board 82 in Figs. 11-12) extending from the back side of the board (Figs. 11-12), a strap (16) attached to the board and extending in front of the front side of the board (Figs. 11-12), and an adjustment member (42 towards the front end of the board 82) located above the engagement member and having a proximate end (towards 86, Fig. 12) and a distal end (towards plate 12, Figs. 11-12), wherein the proximate end of the adjustment member is adapted to be manipulated by a user to adjust a length of the distal end of the adjustment member extending from the back side of the board (Figs. 3 and 11-12, col. 7 lines 18-32, 42 is a machine screw and lock washer, as such, it can be manipulated/turned clockwise or counterclockwise at the proximate end to move the distal end. As much as applicant has shown a length of the distal end is being adjusted, Maki is also showing such).
[AltContent: rect][AltContent: rect][AltContent: rect][AltContent: arrow][AltContent: arrow][AltContent: textbox (Rear end of board 82)][AltContent: textbox (Front end of board 82)]
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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.
Claims 8 and 13 is rejected under 35 U.S.C. 103 as being unpatentable over Fleming as applied to claims 1 and 9 above, and further in view of Kiser (US 5,941,802).
Fleming is silent about an eye bolt extending from the board, and providing an eye bolt extending from the board; attaching an elastic band to the eye bolt; and performing an exercise with the elastic band.
Regarding claim 8, Kiser teaches an exercise device comprising: a board (2) having a front side and a back side (Figs. 1 and 2a), and an eye bolt (17) extending from the board (Figs. 2a and 3).
Regarding claim 13, Kiser teaches a method comprising: providing an eye bolt (17) extending from a board (2, Figs. 2a and 3); attaching an elastic band (bungee cord 3, Figs. 1, 2a and 3) to the eye bolt (Figs. 1, 2a and 3, col. 3 lines 11-22); and performing an exercise with the elastic band (Figs. 1-3, abstract).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Fleming’s invention with an eye bolt extending from the board, and providing an eye bolt extending from the board; attaching an elastic band to the eye bolt; and performing an exercise with the elastic band as taught by Kiser in order to enable a user attach various exercise accessories to the apparatus to perform variety of exercises for different body parts, thereby reduce boredom.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Maki as applied to claim 1 above, and further in view of Hasekian (US 3,734,493).
Maki is silent about the exercise apparatus further comprising: a front plate connected to the front side of the board, wherein the strap extends across the front of the board and at least part of the strap is located between the front plate and the front side of the board.
Regarding claim 4, Hasekian teaches an exercise apparatus comprising: a board (20 with 5) having a front side (upper surface in Fig. 1 and as shown below) and a back side (lower surface in Fig. 2 and as shown below), a strap (14) attached to the board and extending in front of the front side of the board (Figs. 1-2), the apparatus further comprising: a front plate (bracket 24) connected to the front side of the board (Fig. 1), wherein the strap (14) extends across the front of the board (Figs. 1-2) and at least part of the strap is located between the front plate (24) and the front side of the board (Figs. 1-2).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Maki’s invention with a front plate connected to the front side of the board, wherein the strap extends across the front of the board and at least part of the strap is located between the front plate and the front side of the board as taught by Hasekian in order to reduce the manufacturing cost of the device, and to also provide a wider range of designs to accommodate various users.
[AltContent: textbox (Front side
of the board)]
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of the board)][AltContent: textbox (Front side
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Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Maki as applied to claim 1 above, and further in view of Hyman et al. (US 4,911,440).
Maki is silent about a bottom support extending from a bottom edge of the board.
Regarding claim 7, Hyman teaches an exercise apparatus comprising: a board (3) having a front side and a back side (Fig. 1), and a bottom support (the handle portion 23) extending from a bottom edge (an edge of either ends of panel 18 of board 3) of the board (Fig. 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Maki’s invention with a bottom support extending from a bottom edge of the board as taught by Hyman in order to provide for easy transportation of the device from one location to another, thereby providing a more convenient device.
Claim 8 is also rejected under 35 U.S.C. 103 as being unpatentable over Maki as applied to claim 1 above, and further in view of Kiser (US 5,941,802).
Maki is silent about an eye bolt extending from the board.
Regarding claim 8, Kiser teaches an exercise device comprising: a board (2) having a front side and a back side (Figs. 1 and 2a), and an eye bolt (17) extending from the board (Fig. 2a).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Maki’s invention with an eye bolt extending from the board as taught by Kiser in order to enable a user attach various exercise accessories to the apparatus to perform variety of exercises for different body parts, thereby reduce boredom.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Wisniewski (US 2022/0054882 A1) in view of Maki (US 5,891,002).
Regarding claim 1, Wisniewski teaches an exercise apparatus comprising:
a board (2, Figs. 1 and 4) having a front side (top surface of 2, Fig. 4) and a back side (bottom surface of 2, Fig. 4);
an engagement member (the foot 6 towards the rear end of 2 in Fig. 1, as shown below) extending from the back side of the board (Figs. 1 and 4); and
an adjustment member (the bolt 3 towards the front end of 2 in Fig. 1, as shown below) located above the engagement member (the adjustment member (3) is arranged towards the front end of the board (2), while the engagement member (6) is arranged towards the rear end of the board (2). As such, under broadest reasonable interpretation (BRI) of the claim, depending on one’s view point of the device and placement of the device, the adjustment member (3) arranged towards the front end of the board (2) can be considered being above the engagement member (6) arranged towards the rear end) and having a proximate end (towards the top surface of 2) and a distal end (towards block 1), the proximate end accessible from the front side of the board and the distal end extending rearwardly from the back side of the board (Figs. 1 and 4), wherein the proximate end of the adjustment member is adapted to be manipulated by a user to adjust a length of the distal end of the adjustment member extending from the back side of the board (¶ [16], Please note that as much as applicant has shown a length of the distal end is being adjusted, Wisniewski is also showing such).
[AltContent: textbox (Front end of board 2)][AltContent: textbox (Rear end of board 2)]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Engagement member/foot 6 )][AltContent: textbox (Adjustment member/bolt 3)][AltContent: arrow][AltContent: textbox (Adjustment member/bolt 3)][AltContent: arrow][AltContent: textbox (Engagement member/foot 6 )][AltContent: arrow]
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Wisniewski is silent about a strap attached to the board and extending in front of the front side of the board.
Regarding claim 1, Maki teaches an exercise apparatus comprising: a board (82) having a front side (at 86 in Fig. 11), and a back side (at 88 in Fig. 11); an engagement member (94 towards the rear end of board 82 in Figs. 11-12) extending from the back side of the board (Figs. 11-12), a strap (16) attached to the board and extending in front of the front side of the board (Figs. 11-12), and an adjustment member (42 towards the front end of the board 82) located above the engagement member and having a proximate end (towards 86, Fig. 12) and a distal end (towards plate 12, Figs. 11-12), wherein the proximate end of the adjustment member is adapted to be manipulated by a user to adjust a length of the distal end of the adjustment member extending from the back side of the board (Figs. 3 and 11-12, col. 7 lines 18-32, 42 is a machine screw and lock washer, as such, it can be manipulated/turned clockwise or counterclockwise at the proximate end to move the distal end. Please note that as much as applicant has shown a length of the distal end is being adjusted, Maki is also showing such).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Wisniewski’s invention with a strap attached to the board and extending in front of the front side of the board as taught by Maki in order to stabilize a user’s foot/feet on the board during exercise (enhance user’s stability), thereby preventing the user from potential injuries while exercising.
Regarding claim 2, Wisniewski in view of Maki teaches wherein the proximate end of the adjustment member comprises a mating head (Wisniewski: Figs. 4-5, bolt 3 has a mating head at top, using which it can move upward or downward; Maki: the head of screw portion of 42 in Figs. 3 and 12 is the mating head), and manipulating the mating head adjusts the length of the distal end of the adjustment member extending from the back side of the board (Wisniewski: ¶ [16]; Maki: col. 7 lines 18-32; as mentioned above, as much as applicant has shown a length of the distal end is being adjusted, each of Wisniewski and Maki also showing such).
Regarding claim 3, Wisniewski in view of Maki teaches the exercise apparatus further comprising: at least two engagement members (Wisniewski: foot 6 on each corner towards the rear end of board 2 in Fig. 1, as shown above); and at least two adjustment members (Wisniewski: bolt 3 on each corner towards the front end of board 2 in Fig. 1, as shown above; Maki: 42 towards the front end of board 82 in Fig. 12).
Allowable Subject Matter
Claims 5-6, 10-12 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
With respect to claim 5, the prior art of record, fails to disclose, teach or render obvious an exercise apparatus as detailed in claims 1 and 4 and further comprising: a strap plate connected to the board, wherein at least part of the strap is located between the strap plate and the board; an adjustable front plate member biasing the front plate toward the front of the board; and an adjustable strap plate member biasing the strap plate toward the board, wherein the strap comprises a useable length and the front plate member and the strap plate member are adapted to be manipulated by a user to adjust the useable length of the strap.
With respect to claim 6, the prior art of record, fails to disclose, teach or render obvious an exercise apparatus as detailed in claim 1 and further comprising: a front support extending from the front side of the board, the front side of the board accessible through a slit in the front support; and a front support member passing through the slit and connected the board, wherein the front support member biases the front support toward the front side of the board.
With respect to claim 10, the prior art of record, fails to disclose, teach or render obvious a method of exercising as detailed in claim 9 and further comprising: providing a front plate connected to the front side of the board, wherein the strap extends across the front of the board and at least part of the strap is located between the front plate and the front of the board; adjusting a useable length of the strap; and locking the useable length of the strap by biasing an adjustable front plate member toward the front of the board.
With respect to claim 11, the prior art of record, fails to disclose, teach or render obvious a method of exercising as detailed in claim 9 and further comprising: providing a strap plate connected to the board, wherein at least part of the strap is located between the strap plate and the board; adjusting a useable length of the strap; and locking the useable length of the strap by biasing an adjustable strap plate member toward the board.
With respect to claim 12, the prior art of record, fails to disclose, teach or render obvious a method of exercising as detailed in claim 9 and further wherein the structure is selected from a group consisting of a door and a bed frame.
With respect to claim 14, the prior art of record, fails to disclose, teach or render obvious a method of exercising as detailed in claim 9 and further comprising: disengaging the engagement member from the lower edge defined by the structure; re-engaging the engagement member with a second lower edge of a second structure; adjusting the length of the distal end of the adjustment member extending from the back side of the board by manipulating the proximate end of the adjustment member at the second structure; abutting the distal end of the adjustment member against the second structure; interlocking a foot to the strap and connecting the foot to the front side of the board at the second structure; and performing an exercise at the second structure.
Conclusion
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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/SHILA JALALZADEH ABYANEH/Primary Examiner, Art Unit 3784
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