DETAILED ACTION
This is the first Office Action on the merits based on the 18/759,017 application filed on 06/28/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20, as originally filed, are currently pending and considered below.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 335. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 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.
Claim 18 is 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 18 recites the limitation "the moving walkway" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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, 5, 7-8, 12-13, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20230084755A; Date Pub: 2023-06-13) in view of Tsai (US Patent Pub. No. 2022/0062698; Pub Date: 03/03/2022).
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Regarding claim 1, Kim discloses a treadmill (Treadmill 100; Figure 1), comprising: a moving surface (Running belt 130; Figure 1); and a deck (Cushion Deck 140; Figure 6) around which the moving surface moves, the deck including: a rigid base (Deck panel 141; Figure 6) having a top surface (i.e., the top surface of the deck panel 141); a cushioning layer (Cushion mat 142; Figure 6) disposed on the top surface of the rigid base; a layer (Glass fiber layer 143; Figure 6) disposed on the cushioning layer; and a wear layer (PTFE layer 144; Figure 6i.e., PTFE is a highly durable material that forms the wear layer of the deck) disposed on the layer.
Kim does not disclose a thermal layer disposed on the cushioning layer.
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Tsai teaches an analogous treadmill deck (Treadmill walking board assembly seen in Figure 1 above) comprising a deck layer (Board 10; Figure 1) disposed on the top surface of the rigid base; a thermal layer (Heatsink elastic layer 30; Figure 1) disposed on the cushioning layer; and a wear layer (Wear resistant thin layer 20; Figure 1) disposed on the thermal layer.
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 glass fiber layer of Kim to be the heat sink elastic layer of Tsai to achieve the purposes of flow guidance, air exhaust and heat radiation (Para. [0005]).
Regarding claim 5, Kim in view of Tsai teaches the moving surface is a belt (Running belt 130; Figure 1 of Kim; i.e., the running belt moves on the top surface of the deck 140) that moves over the top surface of the deck.
Regarding claim 7, Kim discloses a deck (Cushion deck 140; Figure 6) for a treadmill (Treadmill 100; Figure 1), the deck comprising: a rigid base (Deck panel 141; Figure 6); a cushioning layer (Cushion mat 142; Figure 6) that is disposed on a top surface (i.e., the top surface of the deck panel 141) of the rigid base; and a layer (PTFE layer 144 and glass fiber layer 143; Figure 6) that prevents degradation of the cushioning layer from mechanical abrasion (i.e., PTFE is a highly durable material that forms the wear layer of the deck; Para. [0055]).
Kim does not disclose a thermal protective layer disposed in the protective layer from heat during operation of the treadmill.
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Tsai teaches an analogous treadmill deck (Treadmill walking board assembly seen in Figure 1 above) comprising a deck layer (Board 10; Figure 1) disposed on the top surface of the rigid base; a protective layer comprising a thermal layer (Heatsink elastic layer 30; Figure 1) and a wear layer (Wear resistant thin layer 20; Figure 1) disposed on the thermal layer.
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 glass fiber layer of Kim to be the heat sink elastic layer of Tsai to achieve the purposes of flow guidance, air exhaust and heat radiation (Para. [0005]).
Regarding claim 8, Kim in view of Tsai teaches the protective layer includes a thermal layer (Heatsink elastic layer 30; Figure 1 of Tsai) and a wear layer (PTFE layer 144; Figure 6 of Kim; i.e., PTFE is a highly durable material that forms the wear layer of the deck).
Regarding claim 12, Kim in view of Tsai teaches the protective layer is disposed on a top surface of the cushioning layer (i.e., the elastic layer 30 of Tsai and the PTFE layer 144 of Kim is disposed on top of the cushioning layer/cushioning mat 142 of Kim) .
Regarding claim 13, Kim in view of Tsai teaches the cushioning layer is disposed on a center section of the top surface of the rigid base (i.e., the cushioning layer/cushion mat 142 is disposed on the entire top surface of the rigid base/deck panel 141 including the center section of the deck panel 141).
Regarding claim 16, Kim discloses an apparatus (Treadmill 100; Figure 1), comprising: a moving surface (Running belt 130; Figure 1); and a rigid base (Deck panel 141; Figure 6) over which the moving surface travels, the rigid base including: a cushioning layer (Cushion mat 142; Figure 6) disposed on a top surface (i.e., the top surface of the deck panel 141) of the rigid base; a layer (Glass fiber layer 143; Figure 6) disposed on the cushioning layer; and a wear layer (PTFE layer 144; Figure 6i.e., PTFE is a highly durable material that forms the wear layer of the deck) disposed on the layer.
Kim does not disclose a thermal layer disposed on the cushioning layer.
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Tsai teaches an analogous treadmill deck (Treadmill walking board assembly seen in Figure 1 above) comprising a deck layer (Board 10; Figure 1) disposed on the top surface of the rigid base; a thermal layer (Heatsink elastic layer 30; Figure 1) disposed on the cushioning layer; and a wear layer (Wear resistant thin layer 20; Figure 1) disposed on the thermal layer.
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 glass fiber layer of Kim to be the heat sink elastic layer of Tsai to achieve the purposes of flow guidance, air exhaust and heat radiation (Para. [0005]).
Regarding claim 17, Kim in view of Tsai teaches the apparatus is a moving walkway (Treadmill 100; Figure 1 of Kim; i.e., a treadmill is a moving walk way), and wherein the moving surface is a belt (Running belt 130; Figure 1 of Kim) that moves over the rigid base of the moving walkway.
Regarding claim 18, Kim in view of Tsai teaches the apparatus is a treadmill (Treadmill 100; Figure 1 of Kim), and wherein the moving surface is a belt (Running belt 130; Figure 1 of Kim) that moves around the rigid base of the moving walkway.
Regarding claim 20, Kim in view of Tsai teaches the cushioning layer, the wear layer, and the thermal layer are disposed on a center section of the top surface of the rigid base (i.e., the cushioning layer/mat 142, thermal layer/glass fiber layer 143, and the wear layer/ PTFE layer 144 are all disposed on the center of the rigid base/deck 141).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20230084755A; Date Pub: 2023-06-13) in view of Tsai (US Patent Pub. No. 2022/0062698; Pub Date: 03/03/2022) in further view of Karl (US Patent Pub. No. 2012/0021875; PCT FD: 03/31/2010).
Regarding claim 6, Kim in view of Tsai disclose the moving surface (Running belt 130; Figure 1).
Kim in view of Tsai does not disclose the moving surface is a slat-based surface that moves over the top surface of the deck.
Karl teaches an analogous treadmill (See Figure 4 above) comprising moving surface (Tread surface 30; Figure 4) having a slat based surface (i.e., the pockets 3 seen in Figure 1a) and a rigid base (Load bearing unit 19; Figure 4).
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 moving surface of Kim in view of Tsai to have the slats/pockets of Karl in order provide a surface that the musculature of the athlete is not loaded monotonously but rather must adapt itself to various conditions (Para. [0017]).
Allowable Subject Matter
Claims 2-4, 9-11, 14-15, and 19 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 Ota (TW202110508; DP: 03/16/2021), Kim (KR 20230084755A; Date Pub: 2023-06-13), Tsai (US Patent Pub. No. 2022/0062698; Pub Date: 03/03/2022), Karl (US Patent Pub. No. 2012/0021875; PCT FD: 03/31/2010), and Huang (US Patent Pub. No. 2006/0205568; PD: 03/11/2005) fail to teach or render obvious the objected to claims. The Office Notes that modification of the structures of the secondary reference would be improper, therefore, the claims objected to as being dependent upon a rejected base claim would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Notice of References Cited for additional pertinent prior art.
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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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784