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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 have been canceled.
Claims 8-12 have been examined.
Response to Arguments
Applicant's arguments filed 3/5/2026 have been fully considered but they are not persuasive.
Applicant argues:
Relative to the rejection of the claims based upon the German patent (German Patent No. 202024100673), there is a fundamental difference in the mechanical topology of the German patent and the present invention. The German patent has a closed sleeve/tube. This utilizes a single, unitary movable seat 22 and requires the cable 50 to pass through a narrow, closed access. In contrast, the present invention discloses a tripartite assembly having a pair of side plates 55 and a central positioning base 72. Importantly, the German patent does not disclose a vertical positioning component that simultaneously functions as the "horizontal rotation interface" for a vertical support shaft 81. The integration of the pivot point directly in the vertical positioning base 72 achieves a level of structural synchronization and load distribution that is not found in the "sleeve-and-tube" configuration of the German patent.
Applicant respectfully contends that the combination of the features claimed in independent claim 8 creates a synergistic result that solves a specific industry problem. This industry problem is cable interference during multi-axial adjustments. The "sandwich" construction described in previous dependent claim 6 (now included in independent claim 8) creates an open internal volume. This volume, when combined with the specific pivot geometry (i.e. base 72 rotating on shaft 81) allows the cable to follow upwardly-divergent path as described in dependent claim 3 (also included in independent claim 8). This specific path ensures that the cable remains clear of the horizontal positioning base 82 regardless of the angle of the swing arm. In the German patent, the cable is constrained to the center of the axis 301. This inherently limits clearance and increases frictional wear.
There is no teaching or suggestion in the prior art to replace the closed-tube cable guide with a dual-plate sandwich frame the facility an upward-clearance cable path. This is a unique result in terms of mechanical efficiency and achieves greater cable longevity.
Examiner respectfully disagrees. The German patent only has a single closed portion (at 221) as does the instant invention (at 61). Seat 22 and connecting element 20 of the German patent both comprise an open internal volume and move in vertical (about unnumbered bolt as shown in Figs 2-3) and horizontal (about rotation axis 24) planes, respectively. Examiner’s Figure below clearly shows the seat 22 having a pair of side plates between which the connecting element 20 is positioned and a pivot point about which seat 22 is rotated. The German patent also explicitly discloses the connecting element 20 (e.g. vertical positioning component) that simultaneously functions as a horizontal rotation interface for a vertical support shaft 24. Finally, Figure 3 of the German patent clearly shows the cable 50 extending upwardly about the pulley 23.
Applicant further argues.
It should further be emphasized that previous dependent claim 7 (now dependent claim 12) emphasizes that a reinforcing support rod 56 is also formed between the pair of side plates 55. The vertical positioning seat 72 is formed with an arcuate opening 725 that allows the reinforcing support rod 56 to pass therethrough. This is quite different from the German patent which lacks such reinforcing structure. Although the Weiss publication was cited in the Official Action in order to support "obviousness", Applicant respectfully contends that the positioning of the support rod and the specific arcuate opening of the present invention enhances structural stability. Additionally, the mechanical motion in the device of the Weiss publication would be incompatible with the training apparatus of the present invention.
Examiner respectfully disagrees and reminds Applicant that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one reference. Rather, the test for obviousness is what the combined teachings of the references would have fairly suggested to those of ordinary skill in the art, not the ability to combine their specific structures. See In re Keller, 208 USPQ 871 (CCPA 1981). Moreover, it is well settled that a conclusion of obviousness may be based on common knowledge and common sense without any specific hint or suggestion in a particular reference. See In re Boyek, 163 USPQ 545 (CCPA 1969). In the instant case, there is a clear teaching of the use of a reinforcing support rod extending through an arcuate opening to reinforce the connection of the swing arm to the joint and facilitate the arcuate motion thereof and one of ordinary skill would clearly understand what such a structural feature is used for.
Claim Rejections - 35 USC § 102
Claims 8, 9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “The One Fitness Co.” (DE 202024100673).
8. The One Fitness Co. discloses an adjustable arm for cable training, the adjustable arm for mounting on a vertical frame so as to provide guidance and positional support for a training cable, the training cable having a grip at the end thereof; the adjustable arm comprising:
a mounting base (11) adapted to adjustably fit onto the vertical frame (53);
a locking component (14) affixed to said mounting base so as to lock a height position of said mounting base on the vertical frame;
a swing arm (22) having a connecting end and an extending end, the connecting end being connected to said mounting base, the connecting end having a guide pulley (23) rotatably mounted thereon, the guide pulley adapted to receive the training cable (50) thereon in slidable contact therewith;
a swivel pulley housing (30), rotatably disposed on the extending end of the swing arm via a rotary shaft (301), the swivel pulley housing having a cable outlet (Fig 3) and an end pulley (31), the end pulley being rotatably disposed adjacent to the cable outlet and adapted such that the end of the training cable first slides and contacts the end pulley before passing outwardly through the cable outlet (Fig 3);
a vertical adjustable joint (20) affixed at the connecting end of said swing arm, said vertical adjustable joint having a horizontal support shaft (unnumbered bolt on which the pulley 23 rotates) and a vertical positioning seat (21) and a vertical angle locking component (26), said swing arm having a vertical swinging motion so as to adjust an angle with the horizontal support shaft as a pivot point, wherein the vertical positioning seat has a plurality of vertical angle slots (211), the vertical angle locking component selectively locking with one of the vertical angle slots so as to fix said vertical adjustable joint;
a horizontal adjustable joint (12) affixed to said mounting base and positioned below the vertical adjustable joint (Fig 1), said horizontal adjustable joint having a vertical support shaft (24) and a horizontal positioning seat (12), and a horizontal angle locking component (25), wherein said swing arm has a horizontal swinging motion so as to adjust the angle with the vertical support shaft as another pivot point, the horizontal positioning seat having a plurality of horizontal angle slots (122), the horizontal angle locking component selectively locking with one of the plurality of horizontal angle slots so as to fix said horizontal adjustable joint; and
a cable passage formed between the connecting end of the swing arm and the swivel pulley housing at the extending end of said swing arm so as to allow the training cable to form a bent passage segment corresponding to the cable passage (Fig 3), the bent passage segment extending upwardly after passing through the guide pulley disposed at the connecting end of said swing arm (Fig 3) so as to be disposed away from the horizontal positioning seat of said horizontal adjustable joint, wherein the connecting end of said swing arm has a pair of side plates spaced apart from each other such that the vertical positioning seat (211) of said vertical adjustable joint is located between the pair of side plates (Fig 3), each of the plurality of vertical angle slots (211) provided on said vertical positioning seat being a hole, the vertical angle locking component (26) being disposed on one of the pair of side plates, wherein the vertical angle locking component is spring-loaded and having a pull control mechanism and a spring and an insertion end (“the second fastening device 26 is a spring pin”), the insertion end selectively engaging with one of the plurality of vertical angle slots (Fig 3).
[AltContent: textbox (Side Plates)]Examiner’s Figure
[AltContent: textbox (Pivot point)][AltContent: connector]
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9. The One Fitness Co. discloses the adjustable arm of Claim 8, further comprising a handle (13) affixed to one side of the mounting base.
11. The One Fitness Co. discloses the adjustable arm of Claim 8, further comprising a stop ball adapted to be threaded through the end of the training cable, said stop ball having an outer diameter greater than an inner diameter of the cable outlet so as to prevent the end of the training cable from retracting backwards (Fig 3).
Claim Rejections - 35 USC § 103
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over “The One Fitness Co.” in view of Johnson et al (US Patent Application Publication 2024/0350852).
10. The One Fitness Co. discloses the adjustable arm device for cable training significantly as claimed, including wherein the vertical frame forms multiple positioning holes arranged at intervals (Fig 3), while the locking component (14) provided on the mounting base is a pin type including a pull knob and a locking end, where the locking end selectively engages with any one of the positioning holes (631) and also that the vertical and horizontal adjustment pins are spring loaded, but do not explicitly disclose wherein the locking component a spring-loaded pin type including a reset spring.
Johnson et al teach a similar adjustable arm device for cable training having a mounting base mounted to a vertical member wherein the mounting base can be slid vertically on the member and locked in place by a spring trigger pin (Par. 0038). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the locking pin of The One Fitness Co. to be spring biased as taught by Johnson et al to allow a user to use only one hand to make an adjustment to the arrangement of the device on the vertical member (Par. 0038-0039).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over “The One Fitness Co.” in view of Weiss (US Patent 3,662,602).
12. The One Fitness Co. discloses the adjustable arm device for cable training significantly as claimed, but do not disclose a reinforcing support rod positioned between the pair of side plates, the vertical positioning seat being correspondingly formed with an arcuate opening, said reinforcing support rod passing through the arcuate opening.
Weiss discloses a similar exercise device having a mounting base (116) to which an adjustable, disc shaped joint (110) is mounted and a swing arm (128) which is pivotally mounted to the joint via a rotary shaft (138). The swing arm further comprises a reinforcing support rod (146) which slides within an arcuate guide slot (144) to reinforce the connection of the swing arm to the joint and facilitate the arcuate motion thereof (Col 3, Lines 1-18). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the vertical positioning seat to include an arcuate slot and the swing arm of The One Fitness Co. to include a corresponding support rod as taught by Weiss to reinforce the joint and facilitate the rotation of the swing arm within the joint
Double Patenting
Claims 1, 2, and 4-6 of this application is patentably indistinct from claims 1, 2, and 4-7 of Application No. 19/324047. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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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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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 3/16/2026