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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 23 May 2024. It is noted, however, that applicant has not filed a certified copy of the JP2024-001646 application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 20 August 2024 and 17 February 2025 have been considered by the examiner.
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 1, 3, and 5 are objected to because of the following informalities:
Claim 1, line 1, “that is used to train” should read --configured to train--
Claim 1, line 7, “the pressure” should read --the predetermined pressure--
Claim 1, each instance of “the system” should read --the muscular strength training system--
Claim 1, each instance of “the specific part” should read --the specific part of the user’s limbs--
Claim 3, line 4, “the specific part” should read --the specific part of the user’s limbs--
Claim 5, line 3, “the specific part” should read --the specific part of the user’s limbs--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “a specific part of the user’s limbs” in line 2. Use of the term “specific” renders the claim indefinite because the term “specific” implies that the muscular strength training system must be placed on a specific, clearly defined part of the limb, but the claim does not make it clear what specific part of the user’s limbs is required. Applicant is recommended to remove the term “specific” from the claims.
Claim Rejections - 35 USC § 102
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 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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato (US 2018/0290005).
Regarding claim 1, Sato teaches a muscular strength training system (muscle training system 1) that is used to train a user's muscles by applying a predetermined pressure to a specific part of the user's limbs to restrict blood flow to the muscles without stopping the blood flow, the system comprising:
a band member (belt 10) configured to be wrapped around the specific part (Fig. 4. Para. [0024]: “The belt 10 is a belt-like member that is wound around at least one of the four limbs of a user.”);
a gas bag placed inside the band member (Para. [0027]: “A gas bag (not illustrated) is provided inside the belt.”); and
a gas supply source (compressor 22) for supplying gas to the gas bag (Para. [0035]: “The compressor 22 is provided with the connecting opening 21 (FIG. 5(B)) and is connected to the gas bag provided in the belt 10 via the belt side connecting opening 14b (FIG. 1) to be connected to the connecting opening 21. If the compressor 22 sends the gas, the gas is supplied to the gas bag.”), wherein:
the system is configured to apply the pressure to the specific part based on an amount of gas in the gas bag (Para. [0033]: “By controlling the supply amount and the discharge amount of the gas to the gas bag provided in the belt 10, the body-worn control device 20 is configured to control the pressurizing force applied to the specific portion of the user by the belt 10.”), and
the gas supply source is configured to directly supply gas to a gas supply port (connecting opening 21) that communicates with the gas bag and is integrally attached to the band member (Fig. 5. Para. [0044]: “by connecting the connecting opening 21 of the body-worn control device 20 to the belt side connecting opening 14b of the belt 10, the compressor 22 of the body-worn control device 20 communicates with the gas bag of the belt 10.” Fig. 1 shows wherein the control device 20 can be integrally attached to the belt 10.).
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Regarding claim 2, Sato teaches the muscular strength training system according to claim 1, further comprising:
a control unit (control unit 23) configured to control an operating state of the gas supply source (Fig. 6.); and
an operation unit (portable information terminal device 30) configured to be operated by the user to transmit a wireless control signal to the control unit (Fig. 7. Para. [0039]: “In a case where the portable information terminal device 30 is operated in a predetermined aspect, it is configured to transmit the control command to the body-worn control device 20 by wireless communication.”),
wherein the operating state of the gas supply source is controlled by the control unit based on the wireless control signal (Para. [0044]: “The control unit 23 of the body-worn control device 20 controls the supply amount and the discharge amount of the gas to the gas bag of the belt 10 by controlling the compressor 22 or the valve 22a based on the control command received via the information receiving unit 24 to control the pressurizing force to be applied to the user by the belt 10.”).
Regarding claim 3, Sato teaches the muscular strength training system according to claim 1, further comprising:
hook and loop fasteners (hook and loop fastener 12) configured to maintain a loop shape formed by wrapping the band member around the specific part (Fig. 4. Para. [0025]: “The hook and loop fastener 12 maintains a loop shape of the belt 10.”); and
a buckle (buckle 15) connected to one end of the band member (Figs. 1-4.),
wherein the other end of the band member is passed through the buckle, the band member is folded back, and the hook and loop fasteners are joined together to maintain the loop shape (Fig. 4.).
Regarding claim 4, Sato teaches the muscular strength training system according to claim 3, wherein the band member is elastic (Para. [0024]: “The belt 10 … is configured of a material having stretch properties (preferably neoprene rubber).” Neoprene rubber is elastic.).
Regarding claim 5, Sato teaches the muscular strength training system according to claim 2, further comprising:
hook and loop fasteners (hook and loop fastener 12) configured to maintain a loop shape formed by wrapping the band member around the specific part (Fig. 4. Para. [0025]: “The hook and loop fastener 12 maintains a loop shape of the belt 10.”); and
a buckle (buckle 15) connected to one end of the band member (Figs. 1-4.),
wherein the other end of the band member is passed through the buckle, the band member is folded back, and the hook and loop fasteners are joined together to maintain the loop shape (Fig. 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Catrina A Letterman whose telephone number is (303)297-4297. The examiner can normally be reached Monday - Thursday, 8am - 4pm MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784