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 .
Status of Claims
Claims 1-20, as filed on 07/25/2024, are currently pending and considered below.
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 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.
Claims 1-3, 5, 7-12, 14-15 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 8827878 B1 (Ciminski et al; henceforth Ciminski).
Regarding Independent Claim 1, Ciminski discloses a collar for a barbell (weight bar clamp 100, Figure 1), the collar comprising:
a first collar portion (left wall 305) having a body extending along a curve (see Figure 1 wherein the left wall 305 is a curved semicircular shape), wherein the body includes:
an outer radial surface (“exterior surface”; see Figure 1 wherein the outer surface has a radial semicircular shape); an inner radial surface (interior surface 365; see Figure 1 wherein the curvature of the interior surface matches the exterior curvature);
a channel extending between the outer radial surface and the inner radial surface (Figure 3: Annotated; the channel extends from the interior surface towards the exterior surface creating a hollow area);
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Figure 1: Annotated
a blockage (“rub covers”; “In a particular implementation, rib cover 395 comprises a rub or foam cover over molded to the ribs 315” Col. 7, lines 25-26; the blockage is exclusively the rub cover portion of the rib cover 395 molded over the ribs and within the grooves 317) disposed within the channel, wherein the blockage comprises an elastomeric material (“rubber”; rubber is a elastomeric material);
and a first pad (rubber friction rib cover 395; the first pad portion of the rib cover 395 is the flat portion of the rib cover excluding the rub cover molded over the ribs) extending radially inward from the inner radial surface of the first collar portion (see Figure 1 and 2 wherein the flat portion of the rib cover 395 is formed partially inwardly of the interior surface 365 into the cavity formed between the interior and exterior surfaces), wherein the first pad includes the same elastomeric material of the blockage (the rib cover 395 formed of both the blockage and first pad are formed of rubber which is a elastomeric material), and wherein the first pad is integral with the blockage disposed within the channel (the rub cover formed over the ribs and the first pad are integrally formed together forming the rib cover 395 as molded rubber).
Regarding Claim 2, Ciminski further discloses the collar of claim 1, further including a second collar portion having a body extending along a curve (right wall 310, see Figure 2 wherein the right wall 310 is formed of a semicircular structure), wherein the first collar portion and the second collar portion are coupled to one another (via pin 325) and circumscribe an opening (the common 320 with hinge tabs 380) extending between the first collar portion and the second collar portion (see Figure 1-3 wherein the common 320 is located between the left and right walls 305, 310 and contains an opening of which wherein the pin 325 resides to hold the hinge together).
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Figure 4
Regarding Claim 3, Ciminski further discloses the collar of claim 2, wherein the body of the second collar portion includes:
a second outer radial surface (“exterior surface”; see Figures 1-4 wherein the exterior surface has a semicircular curved shape); a second inner radial surface (interior surface 370);
and a second channel extending between the outer radial surface and the inner radial surface (“comprises at least two structural ribs 315 (see FIG. 3) on each opposing wall 305, 310” Col. 6, lines 39-40; each of said walls 305, 310 have ribs 315 within a cavity),
wherein the collar further includes a pad (rubber friction rib cover 395; each of said walls 305, 310 includes a rubber friction rib cover 395; the first pad portion of the rib cover 395 is the flat portion of the rib cover excluding the rub cover molded over the ribs) extending radially inward from the inner radial surface of the first collar portion (see Figure 1 and 2 wherein the flat portion of the rib cover 395 is formed partially inwardly of the interior surface 365 into the cavity formed between the interior and exterior surfaces), wherein the second channel includes a second blockage (“rub covers”; “In a particular implementation, rib cover 395 comprises a rub or foam cover over molded to the ribs 315” Col. 7, lines 25-26; the blockage is exclusively the rub cover portion of the rib cover 395 molded over the ribs and within the grooves 317), and wherein the second blockage is integral with the second pad (the rub cover formed over the ribs and the first pad are integrally formed together forming the rib cover 395 as molded rubber).
Regarding Claim 5, Ciminski further discloses the collar of claim 1, wherein the collar is substantially free of any adhesive bonding the first pad to the first collar portion (the rib cover is preformed onto the clamp 100 and not glued).
Regarding Claim 7, Ciminski further discloses the collar of claim 1, wherein the first pad is mechanically interlocked to the first collar portion (see Figures 1-4).
Regarding Claim 8, Ciminski further discloses the collar of claim 1, wherein the inner radial surface of the first collar portion includes a recess (Figure 3: Annotated; the recess is the space formed above ribs 315 and grooves 317 and below the interior surface 365), wherein the recess is defined by a base surface (Figure 3: Annotated; base surface is the top surface of the ribs 315) and a rim extending radially inward from the base surface (Figure 3: Annotated).
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Figure 3: Annotated
Regarding Claim 9, Ciminski further discloses the collar of claim 8, wherein the first pad is disposed at least partially within the recess (said first pad portion of rib cover 395 is partially formed within the recess, see Figure 3 and 4).
Regarding Claim 10, Ciminski further discloses the collar of claim 1, wherein the channel is one of a plurality of spaced-apart channels (grooves 317 of the channel) extending between the outer radial surface and the inner radial surface of the first collar portion (formed from the interior surface inwardly towards the exterior surface between the ribs 315), wherein each of the channels is filled with elastomeric material that is integral with the elastomeric material of the first pad (“the rib cover may include rib covers formed over the individual ribs 315” col. 7, lines 21-22; said river cover formed over the ribs 315 and formed into the grooves 317 is the elastomeric material which is integrally formed with said rib cover 395).
Regarding Independent Claim 11, Ciminski discloses a collar for a barbell (bar clamp 100, Figures 1-4), the collar comprising:
a first collar portion having a body extending along a curve (left wall 305; see Figure 1 wherein the wall 305 is a semicircular curved structure), wherein the body includes:
an outer radial surface (“exterior surface”; said surface is curved having a radial surface); an inner radial surface (interior surface 365; said surface is curved having the radial surface);
and a first pad (rubber friction rub cover 395) extending radially inward from the inner radial surface of the first collar portion (see Figures 1-4 wherein the cover 395 extends into the interior surface onto the ribs 315 and grooves 317), wherein the first pad includes an elastomeric material (rubber is a elastomeric material) mechanically interlocked to the inner radial surface of the first collar portion (“In a particular implementation, rib cover 395 comprises a rub or foam cover over molded to the ribs 315” Col. 7, lines 25-26; said rib cover 395 is molded onto the ribs and mechanically locked thereon).
Regarding Claim 12, Ciminski further discloses the collar of claim 11, wherein the collar is substantially free of any adhesive bonding the first pad to the first collar portion (the rib cover 395 is molded and not glued onto the ribs 315).
Regarding Claim 14, Ciminski further discloses the collar of claim 11, further including a second collar portion having a body extending along a curve (right wall 310; see Figures 1-4 wherein the right wall 310 has a curved body), wherein the first collar portion and the second collar portion are coupled to one another (via pin 325 and common 320) and circumscribe an opening extending between the first collar portion and the second collar portion (see Figure 1-3 wherein the common 320 is located between the left and right walls 305, 310 and contains an opening of which wherein the pin 325 resides to hold the hinge together).
Regarding Claim 15, Ciminski further discloses the collar of claim 14, wherein the body of the second collar portion includes: a second outer radial surface (“exterior surface”; see Figures 1-4 wherein the exterior surface has a semicircular curved shape); a second inner radial surface (interior surface 370);
and a channel extending between the outer radial surface and the inner radial surface (“comprises at least two structural ribs 315 (see FIG. 3) on each opposing wall 305, 310” Col. 6, lines 39-40; each of said walls 305, 310 have ribs 315 within a cavity),
wherein the collar further includes a second pad (rubber friction rib cover 395; each of said walls 305, 310 includes a rubber friction rib cover 395; the first pad portion of the rib cover 395 is the flat portion of the rib cover excluding the rub cover molded over the ribs) extending radially inward from the inner radial surface of the second collar portion (see Figure 1 and 2 wherein the flat portion of the rib cover 395 is formed partially inwardly of the interior surface 365 into the cavity formed between the interior and exterior surfaces), wherein the channel includes a blockage (“rub covers”; “In a particular implementation, rib cover 395 comprises a rub or foam cover over molded to the ribs 315” Col. 7, lines 25-26; the blockage is exclusively the rub cover portion of the rib cover 395 molded over the ribs and within the grooves 317), and wherein the blockage is integral with the second pad (the rub cover formed over the ribs and the first pad are integrally formed together forming the rib cover 395 as molded rubber).
Claim Rejections - 35 USC § 103
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 8827878 B1 (Ciminski et al; henceforth Ciminski) in view of US 20220355153 A1 (Abbott).
Regarding Claim 4, Ciminski discloses the invention as substantially claimed, see above. Ciminski further discloses the elastomeric material as rubber. Ciminski does not disclose the rubber as a thermoplastic elastomer.
Abbott teaches an analogous exercise clamp in the same field of endeavor comprising:
A grip comprised of a thermoplastic elastomer as an alternative to rubber (“the grip includes one of vinyl, rubber, foam, polyvinyl chloride, thermoplastic elastomers or a polymer” Abstract). It would have been obvious for one skilled in the art at the time of filing to modify the rubber material to be a thermoplastic elastomer in order to allow the rubber to be processed like plastic when in production.
Allowable Subject Matter
Claims 16-20 are allowed.
Claims 6 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 6 and 13, the prior art of record US 8827878 B1 (Ciminski et al; henceforth Ciminski) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein the channel is in the shape of an alphanumeric character.
The prior art of record teaches grooves 317 that do not extend through the exterior wall, which are not considered equivalent to applicant’s invention as the grooves are rectangular and not in any form of alphanumeric characters. It would not have been obvious for one skilled in the art at the time of filing to modify the grooves to be alphanumeric shapes without improper hindsight.
Regarding Independent Claim 16, the prior art of record US 8827878 B1 (Ciminski et al; henceforth Ciminski) fails to teach or render obvious the method in combination with all of the elements and structural and functional relationships as claimed and further including:
injecting an elastomeric material into one or more channels disposed in an outer radial surface of a first portion of the collar, such that the elastomeric material flows through the one or more channels and into a recess of an inner radial surface of the first portion of the collar.
The prior art of record teaches injection molding a rubber rib covering onto the ribs 315 and into the grooves 317 from an interior surface, wherein said grooves to not extend through the exterior walls, which is not equivalent to applicants invention as it is not possible to inject the material from the exterior surface without improper modifications based on improper hindsight.
Conclusion
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/ZACHARY T MOORE/Examiner, Art Unit 3784