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 .
Response to Amendment
The amendment to the claims filed on February 13th, 2026 does not comply with the requirements of 37 CFR 1.121(c) because the list of claims is replete with amendments to language that is not in the most recent claim set filed July 24th, 2024. For example, in the 2026 version of claim 1, applicant has striked through the term “improved” at the beginning of claim 1. This term is not present in the 2024 version of the claims. Amendments to the claims filed on or after July 30, 2003 must comply with 37 CFR 1.121(c) which states:
(c) Claims. Amendments to a claim must be made by rewriting the entire claim with all changes (e.g., additions and deletions) as indicated in this subsection, except when the claim is being canceled. Each amendment document that includes a change to an existing claim, cancellation of an existing claim or addition of a new claim, must include a complete listing of all claims ever presented, including the text of all pending and withdrawn claims, in the application. The claim listing, including the text of the claims, in the amendment document will serve to replace all prior versions of the claims, in the application. In the claim listing, the status of every claim must be indicated after its claim number by using one of the following identifiers in a parenthetical expression: (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered).
(1) Claim listing. All of the claims presented in a claim listing shall be presented in ascending numerical order. Consecutive claims having the same status of “canceled” or “not entered” may be aggregated into one statement (e.g., Claims 1–5 (canceled)). The claim listing shall commence on a separate sheet of the amendment document and the sheet(s) that contain the text of any part of the claims shall not contain any other part of the amendment.
(2) When claim text with markings is required. All claims being currently amended in an amendment paper shall be presented in the claim listing, indicate a status of “currently amended,” and be submitted with markings to indicate the changes that have been made relative to the immediate prior version of the claims. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. Only claims having the status of “currently amended,” or “withdrawn” if also being amended, shall include markings. If a withdrawn claim is currently amended, its status in the claim listing may be identified as “withdrawn—currently amended.”
(3) When claim text in clean version is required. The text of all pending claims not being currently amended shall be presented in the claim listing in clean version, i.e., without any markings in the presentation of text. The presentation of a clean version of any claim having the status of “original,” “withdrawn” or “previously presented” will constitute an assertion that it has not been changed relative to the immediate prior version, except to omit markings that may have been present in the immediate prior version of the claims of the status of “withdrawn” or “previously presented.” Any claim added by amendment must be indicated with the status of “new” and presented in clean version, i.e., without any underlining.
(4) When claim text shall not be presented; canceling a claim.
(i) No claim text shall be presented for any claim in the claim listing with the status of “canceled” or “not entered.”
(ii) Cancellation of a claim shall be effected by an instruction to cancel a particular claim number. Identifying the status of a claim in the claim listing as “canceled” will constitute an instruction to cancel the claim.
(5) Reinstatement of previously canceled claim. A claim which was previously canceled may be reinstated only by adding the claim as a “new” claim with a new claim number.
For compact prosecution purposes, the claims submitted on February 12th, 2026 will be examined, however any future noncompliance concerns will require correction prior to being accepted.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martin (US 20060276311) in view of Nurse (US 10071274) and further in view of Emick (US PGPUB 20160346589).
With respect to claim 1, Martin discloses, an improved handle (484 in fig. 1) that is couplable to at least one cable (482 in fig. 1; para. 65) of a gymnastic machine (100 in fig. 1) that comprises a resistance unit operable by a user by means of said cable for performing a gymnastic exercise (para. 33; para. 39; detail resistance units and operation of the machine during exercise).
Martin contemplates various alternative handles (para. 65), but does not expressly disclose, a casing or sheath.
Nurse discloses, a handle (101 in fig. 1) comprising:
at least one hollow outer casing (101 in fig. 2; includes hollow “channel” 108 in fig. 2) comprising an upper end (107 in fig. 2, “top portion”; col. 11, lines 38-42) and a lower end (106 in fig. 2, “bottom portion”; col. 11, lines 38-42) and grippable by a user to perform a gymnastic exercise (col. 11 lines 42-43, “helps a user to grip handle 101, and maintain his or her grip while jumping rope”); and
at least one hollow inner sheath (102 in fig. 1-2) insertable into the cavity of said at least one casing (figs. 1-2) and couplable to said at least one casing (col. 12, lines 27-30 details coupling the rope/sheath to the handle/casing), said at least one hollow inner sheath configured to house said at least one cable (103 in fig. 1-2; col. 18, lines 41-45) within a cavity thereof (figs. 1-2; col. 18, lines 27-30);
wherein said at least one hollow inner sheath exits, (102 exits 101 as shown in fig. 2) by a pre-established portion (“tapered end” towards 107 in fig. 2; col. 12, lines 21-26), said upper end of said at least one hollow outer casing (col. 12, lines 21-26; fig. 2); and
wherein said pre-established portion, under tension of the cable, is capable of tilting and bending at said upper end, thereby protecting said cable from wear (note 112 in fig. 1; col. 23, lines 1-21; detail that the rope portion will contact the handle/casing when operated).
Nurse and Martin are analogous art because they are from the same field of endeavor namely exercise devices.
At the time of filing it would have been obvious to one of ordinary skill in the art to simple substitute the handles of Martin for the defined and disclosed handles of Nurse. The resulting substitution would have predictably resulted in a exercise machine as disclosed by Martin with the handles taught by Nurse.
Neither Nurse or Martin expressly disclose, wherein said at least one hollow inner sheath terminates at a distal end of said pre-established portion.
Emick discloses wherein an at least one hollow inner sheath (120 in fig. 5), with a cable internal to the hollow inner sheath (100 in fig. 5), terminates at a distal end of a pre-established portion (the sheath, 120, terminates at distal end, 122, in fig. 5).
Emick, Nurse and Martin are analogous art because they are from the same field of endeavor namely exercise devices.
At the time of filing it would have been obvious to one of ordinary skill in the art to terminate the hollow inner sheath of the combined device of Martin/Nurse as taught by Emick. The motivation for doing so would have been to reduce the amount of materials used for the hollow inner sheath, thereby providing cost savings.
With respect to claim 2, Martin in view of Nurse and Emick disclose, the handle according to claim 1 (see above).
Nurse further discloses, wherein said at least one hollow inner sheath is couplable to said at least one hollow outer casing by a shape-coupling (shape coupling between 101 handle taper, connector 109 and rope 102; col. 12, lines 21-30; “[f]irst connector 109, and in turn rope pportion 102, may be affixed to handle 101 by moving first connector 109 up channel 108 toewards top portion 107 of handle 101 and into the tapered portion 204 of channel 108.” Col. 12, lines 35-39, “applies sufficient fort to the portion of rope portion 102 threaded through bore 201 to affix rope portion 102 to handle 101.”).
With respect to claim 3, Martin in view of Nurse and Emick disclose, the handle according to claim 1 (see above).
Nurse further discloses, wherein a stiffness of said at least one hollow inner sheath (col. 5, line 65 – col. 6, line 10; details manufacturing the rope/sheath out of flexible materials with a durometer between Shore 65 and 85) is lower than a stiffness of said at least one hollow outer casing (col. 11, lines 16-17; therein disclosed is manufacturing the handles out of steel or aluminum; it should be clear that aluminum and steel have durometers higher than the flexible rope).
With respect to claim 4, Martin in view of Nurse and Emick disclose, the handle according to claim 1 (see above).
Nurse further discloses, wherein said hollow outer casing comprises a relief therein (lip 402b in fig. 2; col. 13, lines 35-40).
With respect to claim 5, Martin in view of Nurse and Emick disclose, the handle according to claim 4 (see above).
Nurse further discloses, wherein said hollow inner sheath comprises an abutment (109 in fig. 2).
With respect to claim 6, Martin in view of Nurse and Emick disclose, handle according to claim 5 (see above).
Nurse further discloses, wherein the coupling between said hollow outer casing and said hollow inner sheath occurs by a shape-coupling between said abutment and said relief (clear from fig. 2; col. 12, lines 27-39).
With respect to claim 7, Martin in view of Nurse and Emick disclose, handle according to claim 1 (see above).
Nurse further discloses, further comprising a closure member (103b-d in fig. 2) which is fixable (col. 18, line 55 – col. 19 line 8; “screwed into handle opening 110”) to said lower end of said hollow outer casing (106 in fig. 2, “bottom portion”).
With respect to claim 8, Martin in view of Nurse and Emick disclose, handle according to claim 7 (see above).
Nurse further discloses, wherein said closure member (401 in fig. 7) comprises a groove for housing said cable (702b in fig. 7; col. 20, lines 10-31).
With respect to claim 9, Martin in view of Nurse and Emick disclose, handle according to claim 8 (see above).
Nurse further discloses, wherein said closure member comprises a fixing portion for locking said cable (col. 20, lines 14-17, “weighted core 103 may be inserted or threaded through aperture 701, and weighted core 103 may be secured to bottom cap.”).
With respect to claim 10, Martin in view of Nurse and Emick disclose the improved handle according to claim 1 (see above).
Martin further discloses, a gymnastic machine (fig. 1), comprising: a resistance unit operable by a user by a cable for performing a gymnastic exercise (para. 33; para. 39; detail resistance units and operation of the machine during exercise).
With respect to claim 11, Martin in view of Nurse and Emick disclose, the gymnastic machine according to claim 10 (see above).
Martin further discloses, further comprising a hooking member (230 in fig. 1) configured to hook said handle to when the machine is not in use (para. 65, “[w]hen not in use, grips 480 and 486 are stowable on storage hooks 230”).
With respect to claim 12, Martin in view of Nurse and Emick disclose, the gymnastic machine according to claim 11 (see above).
Martin further discloses, wherein said hooking member is hook-shaped (elements 230 in fig. 1 are hook shaped, and by virtue of being labeled as “storage hooks” would also seem to inherently be ‘hook shaped.’).
With respect to claim 13, Martin in view of Nurse and Emick disclose, the gymnastic machine according to claim 10 (see above).
Martin further discloses, at least one output element for the passage of said cable (402, 412 in fig. 2).
With respect to claim 14, Martin in view of Nurse and Emick disclose, the gymnastic machine according to claim 13 (see above).
Martin further discloses, wherein inside said at least one output element a first pulley (412 in fig. 1-2) that guides said cable inside said machine (482 wraps around and is guided by the pulley 412; para. 65) is coupled in a freely rotatable manner (para. 77; “free rotational movement of proximal pulley 412”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DeGroot US 20230310921 – discusses handles and associated hooks for the handles when not in use
Deutsch US 5224910 – details a jump rope handle and associated casing/sheaths and couplings
Poirier US 9550086 – discusses an exercise handle with interlocking tapers to couple elements together
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 William L Boddie whose telephone number is (571)272-0666. The examiner can normally be reached 8 - 4:15 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alex Beck can be reached at 571-272-3750. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625
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