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.
This application is a continuation of US Application 17/902,134, filed on 09/02/2022, and issued as US 12,070,650 on 08/27/2024. This application further claims the benefit of multiple US nonprovisional and provisional applications.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/18/2024 and 12/26/2024 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 07/18/2024 IDS have been previously cited and reviewed in the parent applications.
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 following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The combination of independent claim 2 and claim 3, including a second pulley connected to the pulley mount, wherein the cable system comprises a first ascending portion extending from the grip attachment to the first pulley, a second lateral portion extending from the first pulley to the second pulley, and a third descending portion extending from the second pulley to the carriage.
The combination of independent claim 2 and claim 4, including wherein the first lateral frame member includes a plurality of holes that extend through an upper surface and a lower surface thereof; and wherein the cable system extends through a first hole of the plurality of holes and through a second hole of the plurality of holes, wherein the first hole is on the upper surface and the second hole is on the lower surface.
The combination of independent claim 2 and claim 5, including wherein the pulley mount includes a mounting structure comprising a pair of mounting plates, wherein the pair of mounting plates extend onto opposite sides of the first lateral frame member to receive the first lateral frame member between the pair of mounting plates.
The combination of independent claim 13 and claim 15, including wherein the pulley mount includes a mounting structure comprising a pair of mounting plates, and wherein the pair of mounting plates extend onto opposite sides of the lateral frame member to receive the lateral frame member between the pair of mounting plates.
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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 13 and 17-18 are objected to because of the following informalities:
Claim 13, line 12, “defines” should read ---define---
Claim 17, lines 1-2, “a post extends” should read ---a post extending---
Claim 18, line 6, “wherein the first vertical member comprises” should read ---wherein the second vertical member comprises---
Claim 18, line 12, “a first pulley reconnected” should read ---a first pulley connected---
Appropriate correction is required.
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.
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 2-3, 7-11, 13-14, and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over a first interpretation of Knapp (US 7,488,277) and further in view of Burchatz (US 4,907,798).
Regarding independent claim 2, Knapp teaches a weight rack system, comprising:
a frame (12) comprising:
a plurality of vertical frame members (20a, 20b, 34a, 34b) that are connected together with a plurality of lateral frame members (30a, 30b, 32a, 32b) extending between the plurality of vertical frame members, wherein each lateral frame member of the plurality of lateral frame members comprises a rectangular shape having four side surfaces (see Fig. 1) and each vertical frame member of the plurality of vertical frame members comprises a rectangular shape having four side surfaces (see Fig. 1),
a first pulley assembly (57 mounted on lateral member 22, see Fig. 1) connected to a first lateral frame member (30a) of the plurality of lateral frame members, wherein the first pulley assembly comprises a pulley mount (lateral member 22) connected to the frame and a first pulley (57) rotatably mounted on the pulley mount (see Fig. 1);
a carriage (50) movably connected to a first vertical frame member (20a) of the plurality of vertical frame members (col. 8 lines 41-43, “a carriage 50 is mounted to slidingly move in a vertical direction along the rear upright 20a”), wherein the carriage comprises:
a first side plate (first side of frame 93a, see Fig. 7D) on a first side of the carriage;
a second side plate (second side of frame 93a, see Fig. 7D) on a second side of the carriage opposite the first side, wherein the second side plate is spaced apart from the first side plate, and wherein the first vertical frame member is received between the first side plate and the second side plate (col. 8 lines 45-47, “the carriage 50 has a frame 93a defining an approximately square opening sized slightly larger than the rear upright 20a”);
a plurality of rollers (93b) located between the first side plate and the second side plate, wherein the plurality of rollers engage the first vertical frame member (col. 8 lines 47-50, “The frame 93a is fitted with wheels 93b on each of its four sides that contact the upright 20a so that the carriage rolls smoothly along the upright 20a as it translates”), and
a weight holder (plate receiving bar 66) configured to hold a weight that comprises a post connected to the first side plate (portion of plate receiving bar 66 extending from first side plate of frame 93a) and extending outward from the first side of the carriage (see Figs. 1 and 7D); and
a cable system (52a) having a connector configured to be connected to a grip attachment for engagement by a user (col. 8 lines 57-58, “The second end 52c can be connected to an accessory, e.g., a lat bar 58”), the cable system extending from the connector to the first pulley and engaging the first pulley to redirect the cable system, wherein the cable system is further connected to the carriage, and the cable system is configured such that a pulling force exerted on the connector causes the carriage to move upward along the first vertical frame member (col. 8 lines 51-57, “The carriage 50 is attached to a first end 52b of a cable 52a, with the second end 52c being routed over a first pulley 55c, through an opening 54 near the upper end of the upright 20a, through the upper lateral member 22, over a second pulley 57, and out through an opening in the lower surface of the lateral member 22 approximately midway between the uprights 20a, 20b”).
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Knapp does not teach wherein each lateral frame member of the plurality of lateral frame members comprises a rectangular metal tube defining a hollow interior and each vertical frame member of the plurality of vertical frame members comprises a rectangular metal tube defining a hollow interior.
Burchatz teaches an analogous weight rack system (Fig. 1) comprising a frame (framework of machine 30) including an arrangement of a plurality of vertical frame members (rear vertical frame members 35, 36 and front vertical frame members 44, 45) that are connected together with a plurality of lateral frame members (base 21 with front member 32, right side member 33, and left side members 34, and roof frame 39 with front member 40, right side member 41, left side member 42, and rear frame member 43), wherein each lateral frame member of the plurality lateral frame members and each vertical frame member of the plurality of vertical frame members comprises a rectangular metal tube having four side surfaces defining a hollow interior (see Figs. 1-5 and Col. 3 lines 62-64, “The base 31 of machine 30 is fabricated from lengths of rigid steel square cross-section tubing welded or bolted together”; Col. 4 lines 9-16, “Rear vertical frame members 35 and 36 are made of lengths of tubular steel or angle iron stock. The frame members preferably have a square cross-section, and contain over substantially their entire lengths a plurality of holes 37 and 38 respectively, disposed at regular longitudinal intervals and passing through both parallel left and right side walls of the frame members”; Col. 4 lines 22-25, “Roof frame 39 is fabricated from lengths of rigid steel square cross-section tubing welded or bolted together to form an approximately square frame of the same size and shape as base frame 31”; Col. 4 lines 39-40, “Front vertical frame members 44 and 45 are made of lengths of tubular steel or angle iron stock”; the Office notes the terms “tubing” or “tubular” indicate a hollow interior).
Therefore, as rectangular metal tubes are known for being used to construct weight racks, 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 each lateral frame member of the plurality of lateral frame members and each vertical frame member of the plurality of vertical frame members of Knapp to be rectangular metal tubes defining a hollow interior, as is similarly taught by Burchatz, as a matter of simple substitution of one known type of frame member with another known type of frame member to obtain the same predictable results of providing a sturdy support structure for the weight rack system.
Regarding claim 3, Knapp as modified by Burchatz further teaches a second pulley (55c) connected to the pulley mount (lateral member 22, see Knapp Fig. 1), wherein the cable system comprises a first ascending portion extending from the grip attachment (accessory/lat bar 58) to the first pulley (57), a second lateral portion extending from the first pulley (57) to the second pulley (55c), and a third descending portion extending from the second pulley (55c) to the carriage (50, see Knapp col. 8 lines 51-57).
Regarding claim 7, Knapp as modified by Burchatz further teaches wherein the plurality of rollers (93b) comprises two rollers engaging an outer surface of the first vertical member (20a; see Knapp Fig. 7D and col. 8 lines 47-50).
Regarding claim 8, Knapp as modified by Burchatz further teaches wherein the weight holder (66) further comprise a second post connected to the second side plate (portion of plate receiving bar 66 extending from second side plate of frame 93a) and extending outward from the second side of the carriage (see Fig. 7D).
Regarding claim 9, Knapp as modified by Burchatz further teaches wherein the cable system (52a) connects to the carriage (50) between the first side plate and the second side plate (at first end 52b of cable 52a connected to eye bolt of carriage 50, see Fig. 1).
Regarding claim 10, Knapp as modified by Burchatz further teaches wherein the weight holder (66) of the carriage (50) is positioned behind the first vertical frame member (see Fig. 1, plate receiving bar 66 positioned on a first side of first vertical frame member 20a outside of the exercise rack, interpreted as “behind the first vertical frame member”) and the connector (at second end 52c of cable 52a connected to accessory/lat bar 58) of the cable system (52a) is positioned in front of the first vertical frame member (see Fig. 1, connection of cable 52a to accessory/lat bar 58 positioned on a second side of the first vertical frame member 20a opposite to the first side and interior to the exercise rack, interpreted as “in front of the first vertical frame member”), and the cable system (52a) is connected to the carriage (50) behind the first vertical frame member (see Fig. 1, connection of first end 52b of cable 52a to carriage 50 positioned on the first side of first vertical frame member 20a outside of the exercise rack, interpreted as “behind the first vertical frame member”).
Regarding claim 11, Knapp as modified by Burchatz further teaches wherein the cable system (52a) connects to the carriage (50) outside of a perimeter of the first vertical frame member (see Fig. 1, connection of first end 52b of cable 52a to carriage 50 positioned on a first side of first vertical frame member 20a outside of the exercise rack and outside a perimeter of the first vertical frame member 20a).
Regarding independent claim 13, Knapp teaches a weight rack system, comprising:
a frame (12) comprising:
a vertical frame members (20a), wherein the vertical frame member comprises a rectangular shape having four side surfaces defining a plurality of holes on at least one of the side surfaces of the vertical frame member (see holes in 20a to receive other attachments, including barbell holder 73a and safety bar 39a, in Fig. 1);
a first pulley assembly (57 mounted on lateral member 22, see Fig. 1) connected to the frame, wherein the first pulley assembly comprises a first pulley (57) connected to a pulley mount (lateral member 22) that is connected to the frame (see Fig. 1);
a carriage (50) movably connected to the vertical frame member (20a; col. 8 lines 41-43, “a carriage 50 is mounted to slidingly move in a vertical direction along the rear upright 20a”), wherein the carriage comprises:
a first side plate (first side of frame 93a, see Fig. 7D) on a first side of the carriage;
a second side plate (second side of frame 93a, see Fig. 7D) on a second side of the carriage opposite the first side, wherein the first side plate and the second side plate defines a passage that receives the vertical frame member (col. 8 lines 45-47, “the carriage 50 has a frame 93a defining an approximately square opening sized slightly larger than the rear upright 20a”);
a roller (93b) located between the first side plate and the second side plate, wherein the roller engages the vertical frame member (col. 8 lines 47-50, “The frame 93a is fitted with wheels 93b on each of its four sides that contact the upright 20a so that the carriage rolls smoothly along the upright 20a as it translates”), and
a weight holder (plate receiving bar 66) configured to hold a weight; and
a cable system (52a) connected to a grip attachment configured to be engaged by a user (col. 8 lines 57-58, “The second end 52c can be connected to an accessory, e.g., a lat bar 58”), and engaging the first pulley to redirect the cable system, wherein the cable system is further connected to the carriage (col. 8 lines 51-57, “The carriage 50 is attached to a first end 52b of a cable 52a, with the second end 52c being routed over a first pulley 55c, through an opening 54 near the upper end of the upright 20a, through the upper lateral member 22, over a second pulley 57, and out through an opening in the lower surface of the lateral member 22 approximately midway between the uprights 20a, 20b”); and wherein the cable system connects to the carriage outside of a perimeter of the vertical frame member (see Fig. 1, connection of first end 52b of cable 52a to carriage 50 on a first side of vertical frame member 20a outside of the exercise rack and outside a perimeter of the vertical frame member 20a).
Knapp does not teach wherein the vertical frame member comprises a rectangular metal tube defining a hollow interior.
Burchatz teaches an analogous weight rack system (Fig. 1) comprising a frame (framework of machine 30) including a vertical frame member (any of rear vertical frame members 35, 36 and front vertical frame members 44, 45) wherein the vertical frame member comprises a rectangular metal tube defining a hollow interior (see Figs. 1-5 and Col. 4 lines 9-16, “Rear vertical frame members 35 and 36 are made of lengths of tubular steel or angle iron stock. The frame members preferably have a square cross-section, and contain over substantially their entire lengths a plurality of holes 37 and 38 respectively, disposed at regular longitudinal intervals and passing through both parallel left and right side walls of the frame members”; Col. 4 lines 39-40, “Front vertical frame members 44 and 45 are made of lengths of tubular steel or angle iron stock”; the Office notes the terms “tubing” or “tubular” indicate a hollow interior).
Therefore, as rectangular metal tubes are known for being used to construct weight racks, 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 vertical frame member of Knapp to be a rectangular metal tube defining a hollow interior, as is similarly taught by Burchatz, as a matter of simple substitution of one known vertical frame member with another known vertical frame member to obtain the same predictable results of providing a sturdy support structure for the weight rack system.
Regarding claim 14, Knapp as modified by Burchatz further teaches a second pulley (55c) connected to the frame (via connection with lateral member 22, see Knapp Fig. 1), wherein the cable system comprises a first ascending portion extending from the grip attachment (accessory/lat bar 58) to the first pulley (57), a second cable section extending from the first pulley (57) to the second pulley (55c), and a third descending portion extending from the second pulley (55c) to the carriage (50, see Knapp col. 8 lines 51-57).
Regarding claim 16, Knapp as modified by Burchatz further teaches wherein the weight holder (66) of the carriage (50) is positioned behind the vertical frame member (see Fig. 1, plate receiving bar 66 positioned on a first side of vertical frame member 20a outside of the exercise rack, interpreted as “behind the vertical frame member”) and the grip attachment (accessory/lat bar 58) of the cable system is positioned in front of the vertical frame member (see Fig. 1, accessory/lat bar 58 positioned on a second side of the vertical frame member 20a opposite to the first side and interior to the exercise rack, interpreted as “in front of the vertical frame member”), and the cable system (52a) is connected to the carriage (50) behind the vertical frame member (see Fig. 1, connection of first end 52b of cable 52a to carriage 50 on the first side of vertical frame member 20a outside of the exercise rack, interpreted as “behind the vertical frame member”).
Regarding claim 17, Knapp as modified by Burchatz further teaches wherein the weight holder (plate receiving bar 66) comprises a post (portion of plate receiving bar 66 extending from first side plate of frame 93a) extends outward from the first side plate of the carriage (see Figs. 1 and 7D).
Regarding independent claim 18, Knapp teaches a weight rack system, comprising:
a frame (12) comprising:
a first vertical frame member (20a), wherein the first vertical frame member comprises a rectangular shape having four side surfaces defining a first plurality of holes on at least one of the side surfaces of the first vertical frame member (see holes in 20a to receive other attachments, including barbell holder 73a and safety bar 39a, in Fig. 1);
a second vertical frame member (34a), wherein the second vertical frame member comprises a rectangular shape having four side surfaces defining a second plurality of holes on at least one of the side surfaces of the second vertical frame member (see holes in 34a to receive other attachments, including barbell holder 73a and safety bar 39a, and holes for receiving plates 108 using bolts 109, in Fig. 1); and
a lateral frame member (30a) connected to and located between the first vertical frame member and the second vertical frame member (see Fig. 1);
a first pulley (57) connected to the frame (via lateral member 22);
a second pulley (55c) connected to the frame (via lateral member 22);
a carriage (50) movably connected to the frame (20a; col. 8 lines 41-43, “a carriage 50 is mounted to slidingly move in a vertical direction along the rear upright 20a”), wherein the carriage comprises:
a first side plate (first side of frame 93a, see Fig. 7D) on a first side of the carriage;
a second side plate (second side of frame 93a, see Fig. 7D) on a second side of the carriage opposite the first side, wherein the first side plate and the second side plate define a passage that receives the first vertical frame member (col. 8 lines 45-47, “the carriage 50 has a frame 93a defining an approximately square opening sized slightly larger than the rear upright 20a”);
a plurality of rollers (93b) located between the first side plate and the second side plate, and wherein the plurality of rollers engages the first vertical frame member within the passage (col. 8 lines 47-50, “The frame 93a is fitted with wheels 93b on each of its four sides that contact the upright 20a so that the carriage rolls smoothly along the upright 20a as it translates”), and
a weight holder (plate receiving bar 66) configured to hold a weight;; and
a cable system (52a) connected to a grip attachment (accessory/lat bar 58) configured to be engaged by a user and engaging the first pulley (57) and the second pulley (55c) to redirect the cable system (col. 8 lines 51-57, “The carriage 50 is attached to a first end 52b of a cable 52a, with the second end 52c being routed over a first pulley 55c, through an opening 54 near the upper end of the upright 20a, through the upper lateral member 22, over a second pulley 57, and out through an opening in the lower surface of the lateral member 22 approximately midway between the uprights 20a, 20b”), wherein the cable system is further connected to the carriage (connection of first end 52b of cable 52a to carriage 50, see Fig. 1); and wherein the cable system connects to the carriage outside of a perimeter of the first vertical frame member (see Fig. 1, connection of first end 52b of cable 52a to carriage 50 positioned on a first side of first vertical frame member 20a outside of the exercise rack and outside a perimeter of the first vertical frame member 20a); and
wherein the cable system (52a) comprises a first ascending portion extending from the grip attachment (58) to the first pulley (57), a second lateral portion extending from the first pulley (57) to the second pulley (55c), and a third descending portion extending from the second pulley (55c) to the carriage (50, see Fig. 1 and col. 8 lines 51-57).
Knapp does not teach wherein the first vertical frame member and the second vertical frame member comprise a rectangular metal tube defining a hollow interior.
Burchatz teaches an analogous weight rack system (Fig. 1) comprising a frame (framework of machine 30) including vertical frame members (rear vertical frame members 35, 36 and front vertical frame members 44, 45) wherein the vertical frame members each comprise a rectangular metal tube defining a hollow interior (see Figs. 1-5 and Col. 4 lines 9-16, “Rear vertical frame members 35 and 36 are made of lengths of tubular steel or angle iron stock. The frame members preferably have a square cross-section, and contain over substantially their entire lengths a plurality of holes 37 and 38 respectively, disposed at regular longitudinal intervals and passing through both parallel left and right side walls of the frame members”; Col. 4 lines 39-40, “Front vertical frame members 44 and 45 are made of lengths of tubular steel or angle iron stock”; the Office notes the terms “tubing” or “tubular” indicate a hollow interior).
Therefore, as rectangular metal tubes are known for being used to construct weight racks, 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 first and second vertical frame members of Knapp to be rectangular metal tubes defining a hollow interior, as is similarly taught by Burchatz, as a matter of simple substitution of one known vertical frame member with another known vertical frame member to obtain the same predictable results of providing a sturdy support structure for the weight rack system.
Regarding claim 19, Knapp as modified by Burchatz further teaches wherein the weight holder (plate receiving bar 66) extends outward from the first side plate of the carriage (see Figs. 1 and 7D).
Regarding claim 20, Knapp as modified by Burchatz further teaches wherein the weight holder (66) of the carriage (50) is positioned behind the first vertical frame member (see Fig. 1, plate receiving bar 66 positioned on a first side of vertical frame member 20a outside of the exercise rack, interpreted as “behind the first vertical frame member”) and the grip attachment (accessory/lat bar 58) of the cable system is positioned in front of the first vertical frame member (see Fig. 1, accessory/lat bar 58 positioned on a second side of the vertical frame member 20a opposite to the first side and interior to the exercise rack, interpreted as “in front of the first vertical frame member”), and the cable system (52a) is connected to the carriage (50) behind the first vertical frame member (see Fig. 1, connection of first end 52b of cable 52a to carriage 50 positioned on the first side of vertical frame member 20a outside of the exercise rack, interpreted as “behind the first vertical frame member”).
Regarding claim 21, Knapp as modified by Burchatz further teaches wherein the cable system (52a) connects to the carriage (50) between the first side plate and the second side plate (at first end 52b of cable 52a connected to eye bolt of carriage 50, see Fig. 1).
Claims 2, 5-6, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over a second interpretation of Knapp (US 7,488,277) and further in view of Burchatz (US 4,907,798).
Regarding independent claim 2, Knapp teaches a weight rack system, comprising:
a frame (12) comprising:
a plurality of vertical frame members (20a, 20b, 34a, 34b) that are connected together with a plurality of lateral frame members (22, 24, 26, 30a, 30b, 32a, 32b) extending between the plurality of vertical frame members, wherein each lateral frame member of the plurality of lateral frame members comprises a rectangular shape having four side surfaces (see Fig. 1) and each vertical frame member of the plurality of vertical frame members comprises a rectangular shape having four side surfaces (see Fig. 1),
a first pulley assembly (55c mounted via two plates, see Fig. 1) connected to a first lateral frame member (22) of the plurality of lateral frame members, wherein the first pulley assembly comprises a pulley mount (two plates, see Fig. 1) connected to the frame and a first pulley (55c) rotatably mounted on the pulley mount (see Fig. 1);
a carriage (50) movably connected to a first vertical frame member (20a) of the plurality of vertical frame members (col. 8 lines 41-43, “a carriage 50 is mounted to slidingly move in a vertical direction along the rear upright 20a”), wherein the carriage comprises:
a first side plate (first side of frame 93a, see Fig. 7D) on a first side of the carriage;
a second side plate (second side of frame 93a, see Fig. 7D) on a second side of the carriage opposite the first side, wherein the second side plate is spaced apart from the first side plate, and wherein the first vertical frame member is received between the first side plate and the second side plate (col. 8 lines 45-47, “the carriage 50 has a frame 93a defining an approximately square opening sized slightly larger than the rear upright 20a”);
a plurality of rollers (93b) located between the first side plate and the second side plate, wherein the plurality of rollers engage the first vertical frame member (col. 8 lines 47-50, “The frame 93a is fitted with wheels 93b on each of its four sides that contact the upright 20a so that the carriage rolls smoothly along the upright 20a as it translates”), and
a weight holder (plate receiving bar 66) configured to hold a weight that comprises a post connected to the first side plate (portion of plate receiving bar 66 extending from first side plate of frame 93a) and extending outward from the first side of the carriage (see Figs. 1 and 7D); and
a cable system (52a) having a connector configured to be connected to a grip attachment for engagement by a user (col. 8 lines 57-58, “The second end 52c can be connected to an accessory, e.g., a lat bar 58”), the cable system extending from the connector to the first pulley (55c) and engaging the first pulley to redirect the cable system, wherein the cable system is further connected to the carriage, and the cable system is configured such that a pulling force exerted on the connector causes the carriage to move upward along the first vertical frame member (col. 8 lines 51-57, “The carriage 50 is attached to a first end 52b of a cable 52a, with the second end 52c being routed over a first pulley 55c, through an opening 54 near the upper end of the upright 20a, through the upper lateral member 22, over a second pulley 57, and out through an opening in the lower surface of the lateral member 22 approximately midway between the uprights 20a, 20b”).
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Knapp does not teach wherein each lateral frame member of the plurality of lateral frame members comprises a rectangular metal tube defining a hollow interior and each vertical frame member of the plurality of vertical frame members comprises a rectangular metal tube defining a hollow interior.
Burchatz teaches an analogous weight rack system (Fig. 1) comprising a frame (framework of machine 30) including an arrangement of a plurality of vertical frame members (rear vertical frame members 35, 36 and front vertical frame members 44, 45) that are connected together with a plurality of lateral frame members (base 21 with front member 32, right side member 33, and left side members 34, and roof frame 39 with front member 40, right side member 41, left side member 42, and rear frame member 43), wherein each lateral frame member of the plurality lateral frame members and each vertical frame member of the plurality of vertical frame members comprises a rectangular metal tube having four side surfaces defining a hollow interior (see Figs. 1-5 and Col. 3 lines 62-64, “The base 31 of machine 30 is fabricated from lengths of rigid steel square cross-section tubing welded or bolted together”; Col. 4 lines 9-16, “Rear vertical frame members 35 and 36 are made of lengths of tubular steel or angle iron stock. The frame members preferably have a square cross-section, and contain over substantially their entire lengths a plurality of holes 37 and 38 respectively, disposed at regular longitudinal intervals and passing through both parallel left and right side walls of the frame members”; Col. 4 lines 22-25, “Roof frame 39 is fabricated from lengths of rigid steel square cross-section tubing welded or bolted together to form an approximately square frame of the same size and shape as base frame 31”; Col. 4 lines 39-40, “Front vertical frame members 44 and 45 are made of lengths of tubular steel or angle iron stock”; the Office notes the terms “tubing” or “tubular” indicate a hollow interior).
Therefore, as rectangular metal tubes are known for being used to construct weight racks, 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 each lateral frame member of the plurality of lateral frame members and each vertical frame member of the plurality of vertical frame members of Knapp to be rectangular metal tubes having four side surfaces defining a hollow interior, as is similarly taught by Burchatz, as a matter of simple substitution of one known type of frame member with another known type of frame member to obtain the same predictable results of providing a sturdy support structure for the weight rack system.
Regarding claim 5, Knapp as modified by Burchatz further teaches wherein the pulley mount includes a mounting structure comprising a pair of mounting plates (see two plates of pulley mount in Fig. 1), but does not clearly teach or show the pair of mounting plates extend onto opposite sides of the first lateral frame member (22) to receive the first lateral frame member between the pair of mounting plates.
However, Knapp, in an alternate embodiment of the invention, clearly illustrates a pulley mount including a mounting structure comprising a pair of mounting plates (annotated Fig. 8) that extend onto opposite sides of a lateral frame member (upper lateral member 121) to receive the lateral frame member between the pair of mounting plates (see Fig. 8).
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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 pair of mounting plates of the pulley mount of the embodiment of Fig. 1 of Knapp to extend onto opposite sides of the first lateral frame member to receive the first lateral frame member between the pair of mounting plates, as is similarly taught in the embodiment of Fig. 8 of Knapp, as a matter of simple substitution of one known pulley mount for another in the art to achieve the same predictable results of providing a secure attachment of the first pulley to the first lateral frame member. Such a modification does not interfere with or alter the functionality of the first pulley, the pulley mount, or the first lateral frame member.
Regarding claim 6, Knapp as modified by Burchatz further teaches wherein the cable system (52a) is routed through the first lateral frame member (see Knapp col. 8 lines 51-57, “The carriage 50 is attached to a first end 52b of a cable 52a, with the second end 52c being routed over a first pulley 55c, through an opening 54 near the upper end of the upright 20a, through the upper lateral member 22, over a second pulley 57, and out through an opening in the lower surface of the lateral member 22 approximately midway between the uprights 20a, 20b”).
Regarding independent claim 13, Knapp teaches a weight rack system, comprising:
a frame (12) comprising:
a vertical frame member (20a), wherein the vertical frame member comprises a rectangular shape having four side surfaces defining a plurality of holes on at least one of the side surfaces of the vertical frame member (see holes in 20a to receive other attachments, including barbell holder 73a and safety bar 39a, in Fig. 1);
a first pulley assembly (55c mounted via two plates, see Fig. 1) connected to the frame (via lateral frame 22), wherein the first pulley assembly comprises a first pulley (55c) connected to a pulley mount (two plates, see Fig. 1) that is connected to the frame (see Fig. 1);
a carriage (50) movably connected to the vertical frame member (20a; col. 8 lines 41-43, “a carriage 50 is mounted to slidingly move in a vertical direction along the rear upright 20a”), wherein the carriage comprises:
a first side plate (first side of frame 93a, see Fig. 7D) on a first side of the carriage;
a second side plate (second side of frame 93a, see Fig. 7D) on a second side of the carriage opposite the first side, wherein the first side plate and the second side plate define a passage that receives the vertical frame member (col. 8 lines 45-47, “the carriage 50 has a frame 93a defining an approximately square opening sized slightly larger than the rear upright 20a”);
a roller (93b) located between the first side plate and the second side plate, wherein the roller engages the vertical frame member (col. 8 lines 47-50, “The frame 93a is fitted with wheels 93b on each of its four sides that contact the upright 20a so that the carriage rolls smoothly along the upright 20a as it translates”), and
a weight holder (plate receiving bar 66) configured to hold a weight; and
a cable system (52a) connected to a grip attachment configured to be engaged by a user (col. 8 lines 57-58, “The second end 52c can be connected to an accessory, e.g., a lat bar 58”), and engaging the first pulley to redirect the cable system, wherein the cable system is further connected to the carriage (col. 8 lines 51-57, “The carriage 50 is attached to a first end 52b of a cable 52a, with the second end 52c being routed over a first pulley 55c, through an opening 54 near the upper end of the upright 20a, through the upper lateral member 22, over a second pulley 57, and out through an opening in the lower surface of the lateral member 22 approximately midway between the uprights 20a, 20b”); and wherein the cable system connects to the carriage outside of a perimeter of the vertical frame member (see Fig. 1, connection of first end 52b of cable 52a to carriage 50 positioned on a first side of vertical frame member 20a outside of the exercise rack and outside a perimeter of the vertical frame member 20a).
Knapp does not teach wherein the vertical frame member comprises a rectangular metal tube defining a hollow interior.
Burchatz teaches an analogous weight rack system (Fig. 1) comprising a frame (framework of machine 30) including a vertical frame member (any of rear vertical frame members 35, 36 and front vertical frame members 44, 45) wherein the vertical frame member comprises a rectangular metal tube defining a hollow interior (see Figs. 1-5 and Col. 4 lines 9-16, “Rear vertical frame members 35 and 36 are made of lengths of tubular steel or angle iron stock. The frame members preferably have a square cross-section, and contain over substantially their entire lengths a plurality of holes 37 and 38 respectively, disposed at regular longitudinal intervals and passing through both parallel left and right side walls of the frame members”; Col. 4 lines 39-40, “Front vertical frame members 44 and 45 are made of lengths of tubular steel or angle iron stock”; the Office notes the terms “tubing” or “tubular” indicate a hollow interior).
Therefore, as rectangular metal tubes are known for being used to construct weight racks, 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 vertical frame member of Knapp to be a rectangular metal tube defining a hollow interior, as is similarly taught by Burchatz, as a matter of simple substitution of one known vertical frame member with another known vertical frame member to obtain the same predictable results of providing a sturdy support structure for the weight rack system.
Regarding claim 15, Knapp as modified by Burchatz teaches wherein the frame further comprises a lateral frame member (lateral member 22) connected to the vertical frame member (see Fig. 1), wherein the lateral frame member comprises a rectangular shape having four side surfaces (see Fig. 1); and wherein the pulley mount includes a mounting structure comprising a pair of mounting plates (see two plates of pulley mount in Fig. 1). Knapp does not teach wherein the lateral frame member comprises a rectangular metal tube defining a hollow interior with a plurality of holes on at least one of the side surfaces of the lateral frame member, nor does Knapp clearly teach or show wherein the pair of mounting plates extend onto opposite sides of the lateral frame member to receive the lateral frame member between the pair of mounting plates.
Burchatz teaches an analogous weight rack system (Fig. 1) comprising a frame (framework of machine 30) including lateral frame members (base 21 with front member 32, right side member 33, and left side members 34, and roof frame 39 with front member 40, right side member 41, left side member 42, and rear frame member 43), wherein each lateral frame member comprises a rectangular metal tube having four side surfaces defining a hollow interior with a plurality of holes on at least one of the side surfaces of the lateral frame members (see Figs. 1-5 illustrating plurality of holes in each lateral frame member, and Col. 3 lines 62-64, “The base 31 of machine 30 is fabricated from lengths of rigid steel square cross-section tubing welded or bolted together”; Col. 4 lines 22-25, “Roof frame 39 is fabricated from lengths of rigid steel square cross-section tubing welded or bolted together to form an approximately square frame of the same size and shape as base frame 31”; the Office notes the terms “tubing” or “tubular” indicate a hollow interior).
Therefore, as rectangular metal tubes defining a hollow interior with a plurality of holes on at least one of the side surfaces are known for being used to construct weight racks, 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 lateral frame member of Knapp to be a rectangular metal tube defining a hollow interior with a plurality of holes on at least one of the side surfaces, as is similarly taught by Burchatz, as a matter of simple substitution of one known lateral frame member with another known lateral frame member to obtain the same predictable results of providing a sturdy support structure for the weight rack system.
Knapp as modified by Burchatz does not clearly teach or show wherein the pair of mounting plates extend onto opposite sides of the lateral frame member to receive the lateral frame member between the pair of mounting plates.
However, Knapp, in an alternate embodiment of the invention, clearly illustrates a pulley mount including a mounting structure comprising a pair of mounting plates (annotated Fig. 8 above) that extend onto opposite sides of a lateral frame member (upper lateral member 121) to receive the lateral frame member between the pair of mounting plates (see Fig. 8).
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 pair of mounting plates of the pulley mount of the embodiment of Fig. 1 of Knapp to extend onto opposite sides of the first lateral frame member to receive the first lateral frame member between the pair of mounting plates, as is similarly taught in the embodiment of Fig. 8 of Knapp, as a matter of simple substitution of one known pulley mount for another in the art to achieve the same predictable results of providing a secure attachment of the first pulley to the first lateral frame member. Such a modification does not interfere with or alter the functionality of the first pulley, the pulley mount, or the first lateral frame member.
Allowable Subject Matter
Claims 4 and 12 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, the prior art of record fails to disclose or reasonably suggest a weight rack system in combination with all of the structural and functional limitations, and further comprising wherein the first lateral frame member includes a plurality of holes that extend through an upper surface and a lower surface thereof; and wherein the cable system extends through a first hole of the plurality of holes and through a second hole of the plurality of holes, wherein the first hole is on the upper surface and the second hole is on the lower surface.
Regarding claim 12, the prior art of record fails to disclose or reasonably suggest a weight rack system in combination with all of the structural and functional limitations, and further comprising a hollow vertical frame member, a carriage movably connected to the vertical frame member comprising first and second side plates that receive the vertical frame member therebetween, a plurality of rollers located between the first and second side plates to engage the vertical frame member, and wherein the carriage includes a beam that is received in a vertical channel that extends through the first vertical frame member, wherein the beam slides within the vertical channel as the carriage moves along the first vertical frame member.
Conclusion
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/KATHLEEN M FISK/Examiner, Art Unit 3784
/LOAN B JIMENEZ/Supervisory Patent Examiner, Art Unit 3784
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