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 .
Claims 2-15 have been cancelled.
Claim 1 has been examined.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsushita (US Patent Application Publication 2013/0274080).
1. Matsushita discloses a device for multidimensional mobilization of lumbar, pelvic, and hip joints comprising a generally concave upper surface (2) connected to a generally convex lower surface (3), wherein the generally concave upper surface has a recess to cradle a sacrum (Fig 9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Willingham, Lockett, Vladeta, Adamson, and Lyman all disclose similar exercise devices having a concave upper surface for a user to sit on and a concave lower surface to provide instability of the device
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 11/7/2025