DETAILED ACTION
This is the First Office Action on the Merits based on the 18/781,440 application filed on 07/23/2024 and which claims as originally filed have been considered in the ensuing 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 .
Specification
The disclosure is objected to because of the following informalities: in paragraph [0024], “first portion 31” should be corrected to ---first portion 33---.
Appropriate correction is required.
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 peg assembly connected to two vertical support members (in claim 1, please also see the 35 USC 112(b) rejection below) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Objections
Claim 1 is objected to because of the following informalities:
On line 3, “said vertical” should be corrected to ---said plurality of vertical---
On lines 5-6, “said horizontal” should be corrected to ---said plurality of horizontal---
On line 14, “support member” should be corrected to ---support member of the plurality of horizontal support members--- in both instances
On line 18, “configured to” should be corrected to ---configured to be---
On line 23, “support member” should be corrected to ---support member of the plurality of vertical support members---
Claim 5 is objected to because of the following informalities:
On line 4, “support member” should be corrected to ---support member of the plurality of vertical support members---
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 1-10 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.
Regarding claim 1, the limitation of “a peg assembly, said peg assembly being configured to operably coupled to two of said plurality of vertical support members, said peg assembly having a U-shaped support member, said U-shaped support member having a first portion, a second portion and a third portion being integrally formed, said U-shaped support member having a void configured to facilitate receipt of a section of a vertical support member therein” on lines 18-23 is unclear. It is unclear how the peg assembly which comprises a U-shaped support member, is capable of connecting to two different vertical support members (line 19), while the U-shaped member has a void for a single vertical support member (line 22). Based on the drawings, it appears that the peg assembly comprises a pair of U-shaped support members, each configured to connect to a vertical support member.
Allowable Subject Matter
Claim 1, and dependent claims 2-10, would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to teach or disclose an exercise apparatus having a peg assembly in combination with all the structural and functional limitations of independent claim 1 and particularly comprising a peg assembly, said peg assembly being configured to operably coupled to two of said plurality of vertical support members, said peg assembly having a U-shaped support member, said U-shaped support member having a first portion, a second portion and a third portion being integrally formed, said U-shaped support member having a void configured to facilitate receipt of a section of a vertical support member therein, said peg assembly having a plurality of peg members, said plurality of peg members being operably coupled across said first portion and said second portion of the U-shaped support member, said peg members further having a portion extending outward from an outer surface of said first portion of the U-shaped support member, said peg members being oriented in vertical and linear manner on the U-shaped support member; and wherein said peg members being configured to operably engage the first hook member and second hook member coupled to said barbell.
The closest prior art of record includes Lundquist (US 7,374,516), Aasa et al (US 10,953,265), Childs (US 2015/0083681), Lee (US 2003/0027695), and Mobley (US D444,827).
Lundquist teaches a weight lifting power cage with a plurality of horizontal and vertically disposed members coupled together to form a weight cage. Lundquist further teaches a barbell (12) connected to a latch assembly (60, which could be broadly interpreted as a hook), configured to attach to rack pins (56). While the rack pins could broadly be interpreted as pegs, Lundquist fails to disclose a peg assembly having a U-shaped support member, said U-shaped support member having a first portion, a second portion and a third portion being integrally formed, said U-shaped support member having a void configured to facilitate receipt of a section of a vertical support member therein, said plurality of peg members being operably coupled across said first portion and said second portion of the U-shaped support member, said peg members further having a portion extending outward from an outer surface of said first portion of the U-shaped support member, among other limitations.
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Aasa et al teaches a connector for a weight lifting machine comprising a barbell (2), a peg assembly (3) connected to a pair of vertical members, the peg assembly having a plurality of pegs operably coupled along the vertical member wherein said peg members being configured to operably engage the first hook member (25) and second hook member coupled to said barbell. Aasa et al fails to disclose that the peg assembly having a U-shaped support member, said U-shaped support member having a first portion, a second portion and a third portion being integrally formed, said U-shaped support member having a void configured to facilitate receipt of a section of a vertical support member therein, said plurality of peg members being operably coupled across said first portion and said second portion of the U-shaped support member, said peg members further having a portion extending outward from an outer surface of said first portion of the U-shaped support member, said peg members being oriented in vertical and linear manner on the U-shaped support member, among other limitations.
[AltContent: textbox (Vertical member)][AltContent: arrow]
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Childs teaches a support apparatus for exercise devices comprising a U-shaped rack (12) configured to be placed around a vertical support member (2), the U-shaped rack having cutouts that cooperatively engage with a pair of brackets attached to a barbell (16) and said U-shaped rack having a first portion, a second portion and a third portion being integrally formed, said U-shaped rack having a void configured to facilitate receipt of a section of a vertical support member therein (see Fig. 2). Childs fails to disclose that the U-shaped rack is a peg assembly having a plurality of peg members being operably coupled across said first portion and said second portion of the U-shaped support member, said peg members further having a portion extending outward from an outer surface of said first portion of the U-shaped support member, said peg members being oriented in vertical and linear manner on the U-shaped support member, among other limitations.
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Lee teaches a weight training exercise device comprising a barbell connected to first and second hooks (25), a plurality of pegs (24) connected to vertical members, the first and second hooks configured to engage the plurality of pegs. Lee fails to disclose that the pegs are part of a peg assembly having a U-shaped support member, said U-shaped support member having a first portion, a second portion and a third portion being integrally formed, said U-shaped support member having a void configured to facilitate receipt of a section of a vertical support member therein, said plurality of peg members being operably coupled across said first portion and said second portion of the U-shaped support member, said peg members further having a portion extending outward from an outer surface of said first portion of the U-shaped support member, among other limitations.
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Mobley teaches a weight lifting bar catch comprising a U-shaped member having integral first, second and third sides that create a void configured to accept a vertical member. Mobley further teaches a pair of pins on the inside of a first side and a hook, broadly interpretable as a pin, on the outside of the first side. Mobley fails to disclose said plurality of peg members being operably coupled across said first portion and said second portion of the U-shaped support member, said peg members further having a portion extending outward from an outer surface of said first portion of the U-shaped support member, and wherein said peg members being configured to operably engage the first hook member and second hook member coupled to said barbell, among other limitations.
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None of the references alone or in combination would result in the invention as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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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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/Megan Anderson/Primary Examiner, Art Unit 3784