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 .
Claims 1-28 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11,15-17-23, 28 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by US 20200114209 A1 to Gerona .
Claim 1. Gerona teaches a swim training device comprising:
(a) a platform having a top side and a bottom side, and extending longitudinally from a leading edge to a trailing edge and extending laterally from a left edge to a right edge (Fig.4, 14 top and a bottom view of a floater platform extending laterally); and
(b) a recess in the bottom side of the platform for providing a finger gripping region to assist with holding the platform when a swimmer's hands wrap the leading edge of the platform (Fig.5 recess; Para 0029, 0030 gripping by hand or by finger with handles);
(c) a chamber within the platform configured to be filled with air, water, or a combination of air and water to adjust a buoyancy of the swim training device (Para 0029 Shells filled with air or buoyant materials and maybe designated as chambers); and
(d) at least one port through the platform for accessing the chamber to adjust the buoyancy of the swim training device (Para 0041 inflation port accessing chambers).
Gerona in combination teaches the claims 2-4
2. A swim training device according to claim 1 wherein:(a) at least one port comprises a first port located through the left edge of the platform, and a second port located through the right edge of the platform.
3. A swim training device according to claim 1 wherein:(a) the at least one port comprises a first port located through top side of the platform, and a second port located through the bottom side of the platform.
4. A swim training device according to claim 1 wherein:(a) the at least one port comprises a first port and a second port, both being located through the top side of the platform or both being located through the bottom side of the platform.
{Gerona: Fig.19,20 Para 0041 inflation port and by design option any in art for location of a first port and a second port, both being possible located through the top side of the platform or both being located through the bottom side of the platform to access the chamber to adjust the buoyancy}.
claims 5-8
Gerona in combination teaches the A swim training device according to
5. A swim training device according to claim 1 further comprising:(a) at least one hands pocket located on the top side of the platform.
6. A swim training device according to claim 5 wherein:(a) the at least one hands pocket is formed from a sleeve assembly comprising a cuff member that fits over the platform and extends around the leading edge and the trailing edge of the platform, and the cover extends from the cuff member.
7. A swim training device according to claim 5 wherein:(a) the at least one hands pocket is closed except at a hands entry opening facing the trailing edge of the platform.
8. A swim training device according to claim 5 wherein:(a) the at least one hands pocket includes an opening at a leading portion of the hands pocket in addition to a hands entry opening facing the trailing edge of the platform.
{Gerona: Fig.19,20 Para 0029 a hand pockets comprises of a bar, rod, or other lengthwise structure sized and shaped to be easily gripped by a human hand and is formed integrally with the body for openings to a front-located hand and pockets}.
Claims 9-11
Gerona teaches a swim training device according to claim 1 :
9. A swim training device according to claim 1 wherein:(a) the platform has a maximum width of about 8 inches to about 24 inches from the left edge to the right edge.
10. A swim training device according to claim 1 wherein:(a) the platform has a maximum length from the forward edge to the trailing edge of about 5 inches to about 18 inches.
{para 0029,0036 lengthwise structure sized and shaped to be easily gripped by a human hand with a convenient design and floater paddles capable of accommodating larger diameter forearms for an inherent adjustment of an maximum width of about 8 inches to about 24 inches from the left edge to the right edge and /or a maximum length from the forward edge to the trailing edge of about 5 inches to about 18 inches with all adjustable sizes} .
11. A swim training device according to claim 1 further comprising:(a) a resistance training device (Para 0029 water resistance with formed integrally with the platform body) for attachment to the platform.
Claims 15-17
Gerona swim training device according to claim 14:
15. A swim training device according to claim 14 further comprising:(a) a first port located through the left edge of the platform, and a second port located through the right edge of the platform.
16. A swim training device according to claim 14 further comprising:(a) a first port located through top side of the platform, and a second port located through the bottom side of the platform.
17. A swim training device according to claim 14 further comprising:(a) a first port and a second port, both being located through the top side of the platform or both being located through the bottom side of the platform.
{Para 0041 n inflatable floater paddle can comprise multiple inflation ports associated with segregated internal bladder spaces.}
Claims 18-21
Gerona swim training device according to claim 1:
18. A swim training device according to claim 1 further comprising:(a) at least one hands pocket located on the top side of the platform ( Gerona: Fig.1 element 105; hands pocket located on the top side of the platform and including a hands entry opening facing toward the trailing edge of the platform).
Claims 19-21
Gerona swim training device according to claim 18:
19. A swim training device according to claim 18 wherein:(a) the at least one hands pocket is formed from a sleeve assembly comprising a cuff member that fits over the platform and extends around the leading edge and the trailing edge of the platform, and the cover extends from the cuff member (Gerona: Fig.1 the sleeve assembly 104 includes a cuff member 105 and a cover 106. The cuff member includes a top cuff member and a bottom cuff member).
20. A swim training device according to claim 18 wherein:(a) the at least one hands pocket is closed except at a hands entry opening facing the trailing edge of the platform (Fig.1 element 108 opening).
21. A swim training device according to claim 18 wherein:(a) the at least one hands pocket includes an opening at a leading portion of the hands pocket in addition to a hands entry opening facing the trailing edge of the platform (Fig.1 element 104).
Claims 22-23
Gerona teaches a swim training device according to claim 14:
22. A swim training device according to claim 14 wherein:(a) the platform has a maximum width of about 8 inches to about 24 inches from the left edge to the right edge.
23. A swim training device according to claim 14 wherein:(a) the platform has a maximum length from the forward edge to the trailing edge of about 5 inches to about 18 inches.
{para 0029,0036 lengthwise structure sized and shaped to be easily gripped by a human hand with a convenient design and floater paddles capable of accommodating larger diameter forearms for an inherent adjustment of an maximum width of about 8 inches to about 24 inches from the left edge to the right edge and /or a maximum length from the forward edge to the trailing edge of about 5 inches to about 18 inches with all adjustable sizes} .
Claim 28. Gerona teaches a method for kick training, the method comprising:(a) griping a swim training device, the swim training device comprising: (i) a platform having a top side and a bottom side, and extending longitudinally from a leading edge to a trailing edge and extending laterally from a left edge to a right edge (Fig.4, 14 top and a bottom view of a floater platform); and(ii) a recess in the bottom side of the platform for providing a finger gripping region to assist with holding the platform when a swimmer's hands wrap the leading edge of the platform (Fig.5 recess; Para 0029, 0030 gripping by hand or finger handles); (iii) a chamber within the platform configured to be filled with air, water, or a combination of air and water to adjust a buoyancy of the swim training device; and (iv) at least one port through the platform for accessing the chamber to adjust the buoyancy of the swim training device (Fig.5 recess; Para 0029, 0030) gripping by hand or finger handles Para 0029 Shells filled with air or buoyant materials and maybe designated as chambers; Para 0041 inflation port accessing chambers.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 12-14, 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication Number US 20200114209 A1 to Gerona in view of US Patent Application Publication Number US 20190308073 A1 to Alger.
Claims 12-14
12. Gerona teaches a swim training device according to claim 11 wherein:(a) the resistance training device not comprises a pair of parachute arrangements. Alger, however, teaches the resistance training device comprising of parachute arrangements (¶0023 resistance training device common anchor points include parachutes). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a pair of parachute arrangements, as taught by Alger, into the swim training system of Gerona, in order to provide resistance that is required for resistance swimming.
13. Gerona in combination teaches a swim training device according to claim 12, wherein:(a) the platform includes a first anchor location and a second anchor location for attachment to the pair of parachute arrangements (Alger: 0006,0007 anchor points and attachment to the pair of parachute arrangements)
14. Gerona teaches a swim training device comprising:(a) a platform having a top side and a bottom side, and extending longitudinally from a leading edge to a trailing edge and extending laterally from a left edge to a right edge, the platform further comprising a center line extending from the leading edge to the trailing edge and having a left side to a left of the center line and a right side to a right of the center line; and(b) a chamber within the platform configured to be filled with air, water, or a combination of air and water to adjust a buoyancy of the swim training device; (c) at least one port through the platform for accessing the chamber to adjust the buoyancy of the swim training device;
{Fig.4, 14 top and a bottom view of a floater platform providing a finger gripping region to assist with holding the platform hands wrap the leading edge of the platform;Fig.5 recess; Para 0029, 0030) gripping by hand or finger handles} but without the of anchor locations.
Alger, however, teaches the resistance training device comprises of a first anchor location and a second anchor location (¶0007 anchor point, such as a wall, parachutes, a grounding stake, or the ground, provides the resistance that is required for resistance swimming; Fig.6b Y-shape structure base cord that connects the spacing bar and the anchor points). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate (d) a first anchor location and a second anchor location, wherein the first anchor location is located on the left side of the platform, and the second anchor location is located on the right side of the platform, as taught by Alger, into the swim training system of Gerona, for improved resistance swimming experience.
Claims 24-27
Gerona in combination with Alger teaches
24. A swim training device according to claim 14 further comprising:(a) a resistance training device for attachment to the platform at the first anchor location and the second anchor location (Alger: (¶0023 resistance training device common anchor points with multiple cord ends).
25. A swim training device according to claim 24 wherein:(a) the resistance training device comprises a pair of parachute arrangements (Alger: 0006,0007 anchor points and attachment to the pair of parachute arrangements).
26. A swim training device according to claim 14 wherein:(a) the first anchor location and the second anchor location extend through the platform (Alger Fig.6 a, b; cord extension could be made for first anchor location and the second anchor location .
27. A swim training device according to claim 14 wherein:(a) the first anchor location and the second anchor location extend from the platform (Para 0035 cord extensions and platforms).
Conclusion
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/S.Z/Examiner, Art Unit 3715 March 31, 2026
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715