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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
The Office notes this application claims the benefit of multiple US provisional and nonprovisional applications. The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The earliest filed US provisional or nonprovisional application that complies with the requirements of 35 U.S.C. 112(a) for claims 2, 4-8, and 10-21 is US 63/094,118, filed on 10/20/2020.
The earliest filed US provisional or nonprovisional application that complies with the requirements of 35 U.S.C. 112(a) for claims 3 and 9 is US 63/151,484, filed on 02/19/2021.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/31/2024 and 01/06/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Due to the large number of references cited, only a cursory review has been performed. The Office further notes all cited Foreign Patent Documents and Non-Patent Literature Documents in the 12/31/2024 IDS have been previously cited and reviewed in the parent applications.
Specification
The abstract of the disclosure is objected to because the abstract is greater than 150 words in length. The abstract should be a single paragraph within the range of 50 to 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: a releasable fixing member (claims 1, 5, 8, 11, 14, 16)
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.
The releasable fixing member, using generic placeholder “member” coupled with functional language of “releasable fixing” and “configured for selectively fixing the moveable post in one of the plurality of different positions” and not preceded by sufficient structure, has been interpreted to cover the corresponding structure of a pin as illustrated in Fig. 72.
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.
The releasable fixing member of claim 17 has not been interpreted under 35 U.S.C. 112(f) because the limitation is preceded by sufficient structure of “a pin” for performing the recited function.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 4-8, 10-16, 18, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Leipheimer (US Patent No. 11,369,833, having filing date of 01/16/2020 and claiming benefit of US Provisional App. No. 62/793,119 filed on 01/16/2019) and further in view of Roethke (US 4,635,934).
Regarding independent claim 2, Leipheimer teaches a weight rack assembly (10, Fig. 1) comprising:
a frame (12) including an arrangement of a plurality of vertical frame members that are connected together with a plurality of lateral frame members extending between the plurality of vertical frame members (see Fig. 1);
a pulley assembly connected to the frame, wherein the pulley assembly comprises a first pulley and a mount rotatably supporting the first pulley, wherein the pulley assembly is attached to the frame by attaching the mount to the frame (see pulley assembly of weight ratio arrangement 30, annotated Fig. 1);
a cable system (33) engaged with the pulley assembly, wherein the cable system engages the first pulley to redirect the cable system (see Fig. 1);
a seat attachment assembly (Fig. 2) releasably connected to the weight rack assembly (via locking mechanism 62) and configured for seating a user during a weightlifting exercise (via seat 56), the seat attachment assembly comprising:
a seat base comprising:
a first connection portion (locking mechanism 62) releasably connected to a first vertical frame member (column 13) of the plurality of vertical frame members, the first connection portion comprising a first pair of side walls (first plate 64 and second plate 65) spaced laterally apart from each other to define a first channel receiving the first vertical frame member therethrough (see Fig. 4B), the first connection portion having a first hole in at least one of the first pair of side walls (hole in second plate 65 to receive movable locking pin 72); and
a seat support (second portion 54) extending laterally outward from the first connection portion (see Fig. 2, 4A-5B); and
a seat (56) mounted on the seat support;
a first removable pin (72) extending through the first hole and engaging the first vertical frame member to secure the seat attachment assembly to the first vertical frame member (col. 8 lines 47-48, “The movable locking pin 72 may be received by the lower hole 36b on the columns 13, 15”);
a foot rest attachment assembly (Fig. 3) releasably connected to the weight rack assembly (via locking mechanism 62) and configured for engaging a foot of the user during the weightlifting exercise (via foot plates 55), the foot rest attachment assembly comprising:
a second connection portion (locking mechanism 62) releasably connected to the first vertical frame member (column 13) of the plurality of vertical frame members, the second connection portion comprising a second pair of side walls (first plate 64 and second plate 65) spaced laterally apart from each other to define a second channel receiving the first vertical frame member therethrough (see Fig. 4B showing analogous locking mechanism 62 of seat attachment assembly), the second connection portion having a second hole in at least one of the second pair of side walls (hole in second plate 65 to receive movable locking pin 72);
a foot support base (second portion 54) extending laterally outward from the second connection portion in a direction perpendicular to the first vertical frame member (see Fig. 3), and
a foot rest (first portion 52) comprising a foot engagement member (foot plates 55); and
a second removable pin (72) extending through the second hole and engaging the first vertical frame member to secure the foot rest attachment assembly to the first vertical frame member (col. 8 lines 47-48).
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Leipheimer does not teach the foot support base defining a passage extending within the foot support base in the direction perpendicular to the first vertical frame member; and an adjustable foot rest comprising: a moveable post received within the passage of the foot support base and configured to be moveable among a plurality of different positions along the direction perpendicular to the first vertical frame member; a releasable fixing member configured for selectively fixing the moveable post in one of the plurality of different positions; and the foot engagement member connected to a distal end of the moveable post, wherein the adjustable foot rest is configured such that a distance between the first vertical frame member and the foot engagement member is adjustable by movement of the moveable post among the plurality of different positions.
Roethke, in the same field of endeavor with regards to adjustable foot rests, teaches a foot support base (central frame 38) defining a passage extending within the foot support base in the direction perpendicular to a vertical frame member (21, 23), and an adjustable foot rest comprising: a moveable post (48) received within the passage of the foot support base and configured to be moveable among a plurality of different positions along the direction perpendicular to the vertical frame member (col. 4 lines 15-17, “A horizontally disposed telescopically mounted rod 48 interconnects the free end of central frame 38”); a releasable fixing member configured for selectively fixing the moveable post in one of the plurality of different positions (see pin connecting central frame 38 and rod 48 in Fig. 1); and a foot engagement member (54) connected to a distal end of the moveable post (via bracket 50), wherein the adjustable foot rest is configured such that a distance between the vertical frame member and the foot engagement member is adjustable by movement of the moveable post among the plurality of different positions (see arrow indicating movement of rod 48 relative to central frame 38).
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the foot rest attachment assembly of Leiphemer such that the foot support base includes a passage for telescopically receiving a movable post of an adjustable foot rest, as is similarly taught by Roethke, for the purpose of increasing the adjustability and customizability of the foot rest attachment assembly to meet the configuration requirements of various users. As modified, the foot engagement member/foot plates (55) of Leiphemer will be telescopically connected to the foot support base/second portion (54, modified to be in the form of central frame 38 of Roethke) by a moveable post (48 of Roethke).
Regarding claim 4, Leiphemer as modified by Roethke further teaches wherein the foot engagement member comprises a rod member (lateral rod member connecting foot plates 55, see Leiphemer Fig. 3) connected to the distal end of the moveable post and extending laterally outward from both sides of the moveable post (as modified by Roethke, lateral rod member connecting foot plates 55 will be connected to a distal end of the moveable post and will extend laterally therefrom).
Regarding claim 5, Leiphemer as modified by Roethke further teaches wherein the foot support base has a third hole, and the moveable post has a plurality of fixing holes extending along a length thereof (as modified by Roethke, foot support base will comprise at least one third hole to receive the pin to telescopically secure the moveable post to the foot support base; see annotated Fig. 1 of Roethke), and wherein the releasable fixing member (i.e., pin) is received in the third hole and extends into the passage to be received in one of the fixing holes to fix the moveable post in one of the plurality of different positions (see annotated Fig. 1 of Roethke).
Regarding claim 6, Leiphemer as modified by Roethke further teaches wherein the foot support base comprises first and second plates spaced laterally from each other (i.e., first and second side walls of foot support base/second portion 54 of Leiphemer as modified by Roethke to form passage to receive moveable post/rod 48 of Roethke), and wherein the first and second plates define sides of the passage and extend into the second connection portion to define the second pair of side walls (as modified by Roethke, the first and second side walls of the foot support base/second portion 54 of Leiphemer will define the sides of the passage to receive the moveable post/rod 48 as modified by Roethke and will similarly extend into the second connection portion/locking mechanism 62 of Leiphemer to define the second pair of side walls).
Regarding claim 7, Leiphemer as modified by Roethke further teaches wherein the foot support base completely encloses the passage on top, bottom, and opposed sides (as modified by Roethke, see Fig. 1 of Roethke above).
Regarding independent claim 8, Leiphemer teaches an assembly (attachments 50, Figs. 2-3) configured for connection to a vertical frame (column 13) member of a weight rack, the assembly comprising:
a seat attachment assembly (Fig. 2) configured to be releasably connected to the vertical frame member (via locking mechanism 62) and configured for seating a user during a weightlifting exercise (via seat 56), the seat attachment assembly comprising:
a seat base comprising:
a first connection portion (locking mechanism 62) comprising a first pair of side walls (first plate 64 and second plate 65) spaced laterally apart from each other to define a first channel configured for receiving the vertical frame member therethrough (see Fig. 4B), the first connection portion having a first hole in at least one of the first pair of side walls (hole in second plate 65 to receive movable locking pin 72), wherein the first hole is configured for receiving a first removable pin (72) to engage the vertical frame member to secure the seat attachment assembly to the vertical frame member (col. 8 lines 47-48, “The movable locking pin 72 may be received by the lower hole 36b on the columns 13, 15”); and
a seat support (second portion 54) extending laterally outward from the first connection portion (see Fig. 2, 4A-5B); and
a seat (56) mounted on the seat support;
a foot rest attachment assembly (Fig. 3) configured to be releasably connected to the vertical frame member (via locking mechanism 62) and configured for engaging a foot of the user during the weightlifting exercise (via foot plates 55), the foot rest attachment assembly comprising:
a second connection portion (locking mechanism 62) comprising a second pair of side walls (first plate 64 and second plate 65) spaced laterally apart from each other to define a second channel receiving the vertical frame member therethrough (see Fig. 4B showing analogous locking mechanism 62 of seat attachment assembly), the second connection portion having a second hole in at least one of the second pair of side walls (hole in second plate 65 to receive movable locking pin 72), wherein the second hole is configured for receiving a second removable pin (72) extending through the second hole and engaging the first vertical frame member to secure the foot rest attachment assembly to the vertical frame member (col. 8 lines 47-48);
a foot support base (second portion 54) extending laterally outward from the second connection portion in a direction perpendicular to the vertical frame member (see Fig. 3), and
a foot rest (first portion 52) comprising a foot engagement member (foot plates 55).
Leipheimer does not teach the foot support base defining a passage extending within the foot support base in the direction configured to be perpendicular to the vertical frame member; and an adjustable foot rest comprising: a moveable post received within the passage of the foot support base and configured to be moveable among a plurality of different positions along the direction perpendicular to the vertical frame member; a releasable fixing member configured for selectively fixing the moveable post in one of the plurality of different positions; and the foot engagement member connected to a distal end of the moveable post, wherein the adjustable foot rest is configured such that a distance between the vertical frame member and the foot engagement member is adjustable by movement of the moveable post among the plurality of different positions.
Roethke, in the same field of endeavor with regards to adjustable foot rests, teaches a foot support base (central frame 38) defining a passage extending within the foot support base in the direction perpendicular to a vertical frame member (21, 23), and an adjustable foot rest comprising: a moveable post (48) received within the passage of the foot support base and configured to be moveable among a plurality of different positions along the direction perpendicular to the vertical frame member (col. 4 lines 15-17, “A horizontally disposed telescopically mounted rod 48 interconnects the free end of central frame 38”); a releasable fixing member configured for selectively fixing the moveable post in one of the plurality of different positions (see pin connecting central frame 38 and rod 48 in Fig. 1); and a foot engagement member (54) connected to a distal end of the moveable post (via bracket 50), wherein the adjustable foot rest is configured such that a distance between the vertical frame member and the foot engagement member is adjustable by movement of the moveable post among the plurality of different positions (see arrow indicating movement of rod 48 relative to central frame 38).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the foot rest attachment assembly of Leiphemer such that the foot support base includes a passage for telescopically receiving a movable post of an adjustable foot rest, as is similarly taught by Roethke, for the purpose of increasing the adjustability and customizability of the foot rest attachment assembly to meet the configuration requirements of various users. As modified, the foot engagement member/foot plates (55) of Leiphemer will be telescopically connected to the foot support base/second portion (54, modified to be in the form of central frame 38 of Roethke) by a moveable post (48 of Roethke).
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Regarding claim 10, Leiphemer as modified by Roethke further teaches wherein the foot engagement member comprises a rod member (lateral rod member connecting foot plates 55, see Leiphemer Fig. 3) connected to the distal end of the moveable post and extending laterally outward from both sides of the moveable post (as modified by Roethke, lateral rod member connecting foot plates 55 will be connected to a distal end of the moveable post and will extend laterally therefrom).
Regarding claim 11, Leiphemer as modified by Roethke further teaches wherein the foot support base has a third hole, and the moveable post has a plurality of fixing holes extending along a length thereof (as modified by Roethke, foot support base will comprise at least one third hole to receive the pin to telescopically secure the moveable post to the foot support base; see annotated Fig. 1 of Roethke), and wherein the releasable fixing member (i.e., pin) is received in the third hole and extends into the passage to be received in one of the fixing holes to fix the moveable post in one of the plurality of different positions (see annotated Fig. 1 of Roethke).
Regarding claim 12, Leiphemer as modified by Roethke further teaches wherein the foot support base comprises first and second plates spaced laterally from each other (i.e., first and second side walls of foot support base/second portion 54 of Leiphemer as modified by Roethke to form passage to receive moveable post/rod 48 of Roethke), and wherein the first and second plates define sides of the passage and extend into the second connection portion to define the second pair of side walls (as modified by Roethke, the first and second side walls of the foot support base/second portion 54 of Leiphemer will define the sides of the passage to receive the moveable post/rod 48 as modified by Roethke and will similarly extend into the second connection portion/locking mechanism 62 of Leiphemer to form the second pair of side walls).
Regarding claim 13, Leiphemer as modified by Roethke further teaches wherein the foot support base completely encloses the passage on top, bottom, and opposed sides (as modified by Roethke, see Fig. 1 of Roethke above).
Regarding independent claim 14, Leiphemer teaches a foot rest attachment assembly (Fig. 3) configured to be releasably connected to a vertical frame member (column 13, via locking mechanism 62) of a weight rack assembly and configured for engaging a foot of the user during a weightlifting exercise (via foot plates 55), the foot rest attachment assembly comprising:
a connection portion (locking mechanism 62) comprising a first side wall and a second side walls (first plate 64 and second plate 65) spaced laterally apart from each other to define a channel configured for receiving the vertical frame member therethrough (see Fig. 4B showing analogous locking mechanism 62 of seat attachment assembly), a transverse wall (wall of hook 68 connecting first plate 64 to second plate 65) extending between the first and second side walls to form a front end of the channel (see Fig. 4A-4B), and a hole in at least one of the first and second side walls (hole in second plate 65 to receive movable locking pin 72), wherein the hole is configured for receiving a removable fastener (72) to engage the vertical frame member to secure the foot rest attachment assembly to the vertical frame member (col. 8 lines 47-48);
a foot support base (second portion 54) extending laterally outward from the connection portion in a direction perpendicular to the vertical frame member (see Fig. 3), and
a foot rest (first portion 52) comprising a foot engagement member (foot plates 55).
Leipheimer does not teach the foot support base defining a passage extending within the foot support base in the direction perpendicular to the vertical frame member; and an adjustable foot rest comprising: a moveable post received within the passage of the foot support base and configured to be moveable among a plurality of different positions along the direction perpendicular to the vertical frame member; a releasable fixing member configured for selectively fixing the moveable post in one of the plurality of different positions; and the foot engagement member connected to a distal end of the moveable post, wherein the adjustable foot rest is configured such that a distance between the connection portion and the foot engagement member is adjustable by movement of the moveable post among the plurality of different positions.
Roethke, in the same field of endeavor with regards to adjustable foot rests, teaches a foot support base (central frame 38) defining a passage extending within the foot support base in the direction perpendicular to a vertical frame member (21, 23), and an adjustable foot rest comprising: a moveable post (48) received within the passage of the foot support base and configured to be moveable among a plurality of different positions along the direction perpendicular to the vertical frame member (col. 4 lines 15-17, “A horizontally disposed telescopically mounted rod 48 interconnects the free end of central frame 38”); a releasable fixing member configured for selectively fixing the moveable post in one of the plurality of different positions (see pin connecting central frame 38 and rod 48 in Fig. 1); and a foot engagement member (54) connected to a distal end of the moveable post (via bracket 50), wherein the adjustable foot rest is configured such that a distance between the foot support base and the foot engagement member is adjustable by movement of the moveable post among the plurality of different positions (see arrow indicating movement of rod 48 relative to central frame 38).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the foot rest attachment assembly of Leiphemer such that the foot support base includes a passage for telescopically receiving a movable post of an adjustable foot rest, as is similarly taught by Roethke, for the purpose of increasing the adjustability and customizability of the foot rest attachment assembly to meet the configuration requirements of various users. As modified, the foot engagement member/foot plates (55) of Leiphemer will be telescopically connected to the foot support base/second portion (54, modified to be in the form of central frame 38 of Roethke) by a moveable post (48 of Roethke).
Regarding claim 15, Leiphemer as modified further teaches wherein the foot engagement member comprises a rod member (lateral rod member connecting foot plates 55, see Leiphemer Fig. 3) connected to the distal end of the moveable post and extending laterally outward from both sides of the moveable post (as modified by Roethke, lateral rod member connecting foot plates 55 will be connected to a distal end of the moveable post and will extend laterally therefrom).
Regarding claim 16, Leiphemer as modified by Roethke further teaches wherein the foot support base has a third hole, and the moveable post has a plurality of fixing holes extending along a length thereof (as modified by Roethke, foot support base will comprise at least one third hole to receive the pin to telescopically secure the moveable post to the foot support base; see annotated Fig. 1 of Roethke), and wherein the releasable fixing member (i.e., pin) is received in the third hole and extends into the passage to be received in one of the fixing holes to fix the moveable post in one of the plurality of different positions (see annotated Fig. 1 of Roethke).
Regarding claim 18, Leiphemer as modified by Roethke further teaches wherein the foot support base comprises first and second plates spaced laterally from each other (i.e., first and second side walls of foot support base/second portion 54 of Leiphemer as modified by Roethke to form passage to receive moveable post/rod 48 of Roethke), and wherein the first and second plates define sides of the passage and extend into the second connection portion to define the first and second side walls (as modified by Roethke, the first and second side walls of the foot support base/second portion 54 of Leiphemer will define the sides of the passage to receive the moveable post/rod 48 as modified by Roethke and will similarly extend into the second connection portion/locking mechanism 62 of Leiphemer to form the first and second side walls).
Regarding claim 20, Leiphemer as modified by Roethke further teaches wherein the foot support base completely encloses the passage on top, bottom, and opposed sides (as modified by Roethke, see Fig. 1 of Roethke above).
Regarding claim 21, Leiphemer as modified by Roethke further teaches wherein the foot support base (second portion 54) is formed as a rectangular tube defining the passage as a rectangular passage (as modified by Roethke, see Roethke Fig. 1 above), and wherein the moveable post (rod 48 as modified by Roethke) has a rectangular shape (see Roethke Fig. 1 above). Leiphemer as modified by Roethke does not teach wherein the foot support base is formed of metal. However, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the foot support base to be made of metal since it has been held to be within the general skill of one in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Here, it is well known to construct exercise equipment of metal to provide adequate support for a user during weightlifting exercises. See MPEP 2144.07.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Leipheimer (US Patent No. 11,369,833, having filing date of 01/16/2020 and claiming benefit of US Provisional App. No. 62/793,119 filed on 01/16/2019) in view of Roethke (US 4,635,934), and further in view of Henniger (US 9,669,255).
Regarding claim 17, Leiphemer as modified by Roethke does not teach wherein the foot support base has a pair of third holes, including the third hole, on opposite sides of the passage, and the releasable fixing member comprises a pin extending through the moveable post and through both of the pair of third holes.
Henniger, in the same field of endeavor with regards to selectively connecting two structure to one another using holes and a pin, teaches a support base (side panels 70, 72 of mating channel, see Fig. 6) having a pair of holes (col. 9 lines 1-7, “The first side panel 70 and the second side panel 72 each include a plurality of openings 76a, 76b, respectively, with at least some of the openings being positioned in a corresponding fashion, and with at least some of the openings corresponding to the openings 228 of the side panels 226, 227 (wherein the base portion 74 overlies a front panel 224), thereby forming corresponding pairs”) on opposite sides of a passage (channel formed between side panels 70, 72), and a post (support 200) comprising a plurality of fixing holes extending along a length thereof (openings 228), and a releasable fixing member comprising a pin extending through the member and through both of the pair of holes to selectively secure the support base and the post (col. 12 line 64 – col. 13 line 3, “Once coupled, the foot retention assembly can be moved relative to the outside support so that the openings 76a, 76b of the mating channel interface with corresponding openings of the outside support. Upon aligning the openings, a pin or other fastener member can be extended therethrough so as to mate the structures together.”).
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the foot support base and releasable fixing member of Leiphemer in view of Roethke to include a pair of third holes on opposite sides of the passage of the foot support base and a pin extending through the moveable post and through both of the pair of third holes, respectively, as is similarly taught by Henniger, as a matter of simply substituting one known manner of selectively securing two structures to one another for another in the art. Such a modification does not alter the functionality of selectively securing the foot support base and moveable post in a desired position.
Allowable Subject Matter
Claims 3, 9, and 19 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 following is a statement of reasons for the indication of allowable subject matter:
With respect to claims 3 and 9, the prior art of record fails to disclose or reasonably suggest a weight rack assembly (claim 3) or an assembly configured for connection to a vertical frame member of a weight rack (claim 9) in combination with all of the structural and functional limitations, and further comprising wherein the foot rest attachment assembly is releasably and directly connected to the seat attachment assembly.
With respect to claim 19, the prior art of record fails to disclose or reasonably suggest a foot rest attachment assembly configured to be releasably connected to a vertical frame member of a weight rack assembly in combination with all of the structural and functional limitations, and further comprising wherein the transverse wall extends between the first and second plates and extends along the direction configured to be perpendicular to the vertical frame member to define a top of the passage, and wherein a rear end of the transverse wall forms the front end of the channel.
Conclusion
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/KATHLEEN M FISK/Examiner, Art Unit 3784