DETAILED ACTION
This is the First Office Action on the Merits based on the 18/737,535 application filed on 07/09/2024 and which claims as originally filed have been considered in the ensuing 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
Application 18/767,535 is a continuation of application 17/501,442 filed 10/14/2021 now US Patent 12,036,437, which is a continuation in part of application 17/467,675 filed 09/07/2021, now abandoned, which claims priority to a provisional filed 09/11/2020.
The limitations of claim 1 directed to the radial protrusion/compressible element can only be found in parent 17/501,442, therefore application 18/767,535 has priority only to 10/14/2021.
Claim Objections
Claim 1 is objected to because of the following informalities:
On line 12, “the protrusion” should be corrected to ---the radial protrusion---
Claim 18 is objected to because of the following informalities:
On line 2, “each pair” should be corrected to ---each of the pair---
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 1-18 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.
Regarding claim 1, the limitation of “the spring pin” on line 13 lacks antecedent basis and clarity. It is unclear if “the spring pin” is the same as the previously claimed “compressible element” on line 12. All additional instances of “the spring pin” are similarity unclear.
Regarding claim 5, the limitation of “a spring pin” on line 1 is unclear, as a spring pin has been discussed in claim 1, it is unclear if the spring pin of claim 5 is the same as the spring pin of claim 1. Please also see the rejection of claim 1 above.
Regarding claim 6, the limitation of “a cross bar” on line 3 lacks clarity as it is unclear if the limitation refers to the previously claimed “cross bar” of claim 1 or an additional component.
Regarding claim 11, the limitation of “a spring pin” on line 2 is unclear, as a spring pin has been discussed in claim 1, it is unclear if the spring pin of claim 11 is the same as the spring pin of claim 1. Please also see the rejection of claim 1 above.
Regarding claim 17, the limitation of “a cross bar” on line 2 lacks clarity as it is unclear if the limitation refers to the previously claimed “cross bar” of claim 1 or an additional component.
Regarding claim 18, the limitation of “a cross bar” on line 2 lacks clarity as it is unclear if the limitation refers to the previously claimed “cross bar” of claim 1 or an additional component.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,036,437. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Instant application 18/767,535
US Patent 12,036,437
Claim
Limitation
Claim
Limitation
1
An exercise apparatus comprising: a pair of elongated frame elements; each of the pair of elongated frame elements defining a plurality of apertures configured to receive a cross bar; each of the pair of elongated frame elements having an attachment portion configured to be secured to a vertical portion of a door frame away from an operating door having a door width; a cross bar having a length greater than the door width and configured to be received in a pair of apertures of the plurality of apertures of the pair of elongated frame members; a radial protrusion directly attached to the cross bar and configured to limit the position of the cross bar with respect to at least one of the pair of elongated frame elements; and wherein the protrusion on the cross bar is a compressible element protruding from the cross bar and operable to retract in response to force, such that the spring pin engages a frame element of the pair of elongated frame elements to limit axial excursion of the cross bar.
1
An exercise apparatus comprising: a pair of elongated frame elements; each of the pair of elongated frame elements defining a plurality of apertures configured to receive a cross bar; each of the pair of elongated frame elements having an attachment portion configured to be secured to a vertical portion of a door frame away from an operating door having a door width; a cross bar having a length greater than the door width and configured to be received in a pair of apertures of the plurality of apertures of the pair of elongated frame members; a protrusion directly attached to the crossbar and configured to limit the position of the cross bar with respect to at least one of the pair of elongated frame elements; and wherein the protrusion on the cross bar is a spring pin protruding from the cross bar and operable to retract in response to force, such that the spring pin engages a frame element of the pair of elongated frame elements to limit axial excursion of the cross bar.
The only difference between the instant application and the patented application is the use of “radial protrusion” instead of “protrusion” and “a compressible element” instead of “a spring pin”. However, a spring pin is a compressible element and the radial protrusion is the same as a protrusion in light of the limitation of “that the spring pin engages a frame element of the pair of elongated frame elements to limit axial excursion of the cross bar.”
2
including an additional spring pin, wherein the spring pins are spaced apart from each other to define a gap.
13
including an additional spring pin, wherein the spring pins are spaced apart from each other to define a gap.
3
the gap is less than a thickness of a frame element of the pair of elongated frame elements.
14
the gap is less than a thickness of a frame element of the pair of elongated frame elements.
4
the gap is greater than a thickness of a frame element of the pair of elongated frame elements by a limited amount such that one of the pair of elongated frame elements is received in the gap.
15
the gap is greater than a thickness of a frame element of the pair of elongated frame elements by a limited amount such that one of the pair of elongated frame elements is received in the gap.
5
a spring pin is proximate one end of the cross bar such that it is proximate one of the pair of elongated frame elements when the cross bar spans between the pair of elongated frame elements.
16
the spring pin is proximate one end of the cross bar such that it is proximate one of the pair of elongated frame elements when the cross bar spans between the pair of elongated frame elements.
6
the a frame element of the pair of elongated frame elements has a first major face defining a pocket contiguous with at least one of the plurality of apertures configured to receive a cross bar and extending a limited partial depth into the frame element of the pair of elongated frame elements.
9
a frame element of the pair of elongated frame elements has a first major face defining a pocket contiguous with at least one of the plurality of apertures configured to receive a cross bar and extending a limited partial depth into the frame element of the pair of elongated frame elements.
7
the pocket is configured to receive the spring pin to prevent rotation of the cross bar.
10
the pocket is configured to receive the spring pin to prevent rotation of the cross bar.
8
each of the plurality of apertures on at least one of the pair of elongated frame elements has an associated pocket.
11
each of the plurality of apertures on at least one of the pair of elongated frame elements has an associated pocket.
9
only one of the pair of elongated frame elements includes the pocket.
12
only one of the pair of elongated frame elements includes the pocket.
10
the cross bar has a laterally-extending apparatus connection facility located at an intermediate portion of the cross bar, and away from the axis of the cross bar, such that tension on the laterally-extending apparatus connection facility perpendicular to the axis establishes a rotational position of the cross bar.
2
the cross bar has a laterally-extending apparatus connection facility located at an intermediate portion of the cross bar, and away from the axis of the cross bar, such that tension on the laterally-extending apparatus connection facility perpendicular to the axis establishes a rotational position of the cross bar.
11
when the laterally-extending apparatus connection facility extends in a downward direction, a spring pin on the cross bar and a pocket on the pair of elongated frame elements are rotationally misaligned to prevent the spring pin from engaging the pocket.
3
when the laterally-extending apparatus connection facility extends in a downward direction, a spring pin on the cross bar and a pocket on the pair of elongated frame elements are rotationally misaligned to prevent the spring pin from engaging the pocket.
12
including an additional spring pin, wherein the spring pins are spaced apart from each other to define a gap greater than a thickness of one of the pair of elongated frame elements.
6
including an additional spring pin, wherein the spring pins are spaced apart from each other to define a gap greater than a thickness of one of the pair of elongated frame elements.
13
when the laterally-extending apparatus connection facility extends downward, the spring pin and the pocket are rotationally offset by at least 90 degrees.
4
when the laterally-extending apparatus connection facility extends downward, the spring pin and the pocket are rotationally offset by at least 90 degrees.
14
when the laterally-extending apparatus connection facility extends downward, the spring pin and the pocket are rotationally offset by 180 degrees.
5
when the laterally-extending apparatus connection facility extends downward, the spring pin and the pocket are rotationally offset by 180 degrees.
15
including a second bar free of a laterally-extending apparatus connection facility, and having two spring pins spaced apart by less than the thickness of one of the pair of elongated frame elements.
7
including a second bar free of a laterally-extending apparatus connection facility, and having two spring pins spaced apart by less than the thickness of one of the pair of elongated frame elements.
16
a swing configured for attachment to the laterally-extending apparatus connection facility.
8
a swing configured for attachment to the laterally-extending apparatus connection facility.
17
the plurality of apertures configured to receive a cross bar in each pair of elongated frame elements is in a single row.
17
the plurality of apertures configured to receive a cross bar in each pair of elongated frame elements is in a single row.
18
the plurality of apertures configured to receive a cross bar on each pair of elongated frame elements are registered with each other.
18
the plurality of apertures configured to receive a cross bar on each pair of elongated frame elements are registered with each other.
Examiner Notes
Claims 1-18 have been rejected under 35 USC 112(b) rejections and double patenting rejections. In the event that the double patenting and 35 USC 112(b) rejections are overcome the claims would be allowable for the same reasons disclose in the parent application. The closest prior art of record would include Hinds (US 6,267,711) and McCalester (US 11,389,683). Both Hinds and McCalester fail to disclose “the radial protrusion directly attached to the cross bar is a compressible element protruding from the cross bar and operable to retract in response to force, such that the spring pin/compressible element engages a frame element of the pair of elongated frame elements to limit axial excursion of the cross bar”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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/Megan Anderson/Primary Examiner, Art Unit 3784