DETAILED ACTION
This is the first Office Action on the merits based on the 18/788,050 application filed on 07/29/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20, as originally filed, are currently pending and considered below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 for applications CN202311171082.1 and CN202311169097.4. Acknowledgment is made of applicant's claim for foreign priority based on an application filed on 02/11/2025. It is noted, however, that applicant has not filed a certified copy of the CN202410982939.6 application as required by 37 CFR 1.55. The previous applications do not fully describe the subject matter of the instant application. Therefore, the application effective filing date is the 07/29/2024, the filing date of the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/20/2024, 08/06/2025, and 03/10/2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 control system of claim 17 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
The claim limitation “switching member” present in claims 1-5 and 11-16 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “member” for performing the claimed function;
b) The term “member” is modified by the functional language “switching”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “switching member” present in claims 1-5 and 11-20, this limitation is taken to describe “a button, a knob, a pull rod, or other structural members” (Para. [0104]).
The claim limitation “first connecting assembly” present in claims 1-3 and 11-16 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “assembly” for performing the claimed function;
b) The term “assembly” is modified by the functional language “connecting”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “first connecting assembly” present in claims 1-3, this limitation is taken to describe “first connecting assembly 940 may include the first matching member 941 and a second matching member 942; For example, the first matching member 941 may be a fixture block sleeving the first rotating shaft 910. The fixture block may be set in a groove extending along the axial direction of the first rotating shaft 910. The second matching member 942 may be a neck sleeving the second rotating shaft 920.” (Figures 8A-8C; Para. [0111] and [0114]).
The claim limitation “second connecting assembly” present in claims 2 and 4-16 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “assembly” for performing the claimed function;
b) The term “assembly” is modified by the functional language “connecting”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “second connecting assembly” present in claims 1-5 and 11-20, this limitation is taken to describe “a unidirectional wheelset 310, and the unidirectional wheelset 310 may include a unidirectional gear 311.” (Figure 4; Para. [0090]).
The claim limitation “first matching member” present in claim 4 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “member” for performing the claimed function;
b) The term “member” is modified by the functional language “matching”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “first matching member” present in claim 4, this limitation is taken to describe “In some embodiments, as shown in FIGs. 8A-8C, the first matching member 941 may include first meshing teeth, and the second matching member 942 may include second meshing teeth.” (Para. [0116]).
The claim limitation “second matching member” present in claim 4 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “member” for performing the claimed function;
b) The term “member” is modified by the functional language “matching”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “second matching member” present in claim 4, this limitation is taken to describe “In some embodiments, as shown in FIGs. 8A-8C, the first matching member 941 may include first meshing teeth, and the second matching member 942 may include second meshing teeth.” (Para. [0116]).
The claim limitation “resistance module” present in claim 12 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “module” for performing the claimed function;
b) The term “module” is modified by the functional language “resistance”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “resistance module” present in claim 12, this limitation is taken to describe “a motor or a power source.” (Para. [0061]).
The claim limitation “connecting component” present in claims 6-7 and 10 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “component” for performing the claimed function;
b) The term “component” is modified by the functional language “connecting”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “connecting component” present in claims 6-7 and 10, this limitation is taken to describe “a connecting sleeve 9431 and a connecting rod 9432.” (Para. [0146]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 11 is objected to because of the following informalities:
On line 8, “assembly.” should be corrected to --- assembly; ---
Claim 15 is objected to because of the following informalities:
On line 2, “the APR and the ASR” should be corrected to --- the angle position regulator and the angular speed regulator---
Claim 16 is objected to because of the following informalities:
On line 2, “the ESO” should be corrected to --- the extended state observer ---
Claim 17 is objected to because of the following informalities:
On line 1, “ fitness device, including” should be corrected to --- fitness device, comprising: ---
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 17-20 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 17 recites the limitation “a power system” in line 2. The limitation renders the claim indefinite because it is unclear if the “power system” is the same, or separate, in structure to the “power device” of lines 1-2. For purpose of examination, the Office is interpreting the “power system” to be the “power device”. Claims 18-20 are rejected as being dependent off of rejected claim 17.
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)(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 and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zheng (US Patent Pub. No. 2025/0387660; Foreign Priority: 06/25/2024). Please refer to the foreign priority section of the Office Action above.
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Regarding claim 1, Zheng discloses a switching device (Resistance resource 1 and winding reel 2; Figure 2), comprising: a first rotating shaft (First support member 4; Figure 2; i.e., the first support member 4 is a rotatable shaft as seen in Figure 2 above), a second rotating shaft (Winding reel 2; Figure 2; i.e., the winding reel is a second rotating shaft surrounded by the first rotating shaft/first support member 4), and a switching member (Restricting member 62; Figure 2; i.e., the switching member has been interpreted under 112(f) to be “a button, a knob, a pull rod, or other structural members”, therefore, the structure of the pull rod of the restricting member 62 seen in Figure 9 of Zheng that locks the first connecting member/spline shaft 5 and sleeve 6 is interpreted to be a switching member), wherein the second rotating shaft sleeves outside the first rotating shaft (i.e., the second rotating shaft/winding reel 2 is sleeved outside the first rotating shaft/first support member 4; Para. [0031] “Specifically, the resistance source 1 is an external rotor motor, the external rotor motor includes a rotor, the rotor serves as the rotating member 11 and is rotatably sleeved on the outside of the first support member 4, the winding reel 2 is hollow inside and sleeved on the outside of the first support member 4, one end of the rotating member 11 and/or the winding reel 2 is provided with a first bearing fixing portion 21 for mounting a bearing 20.” ), and the first rotating shaft and the second rotating shaft are detachably connected through a first connecting assembly (Clutch mechanism 100 comprising spline 5 and spline sleeve 6; Figure 2; i.e., the first connecting assembly has been interpreted under 112(f) to be a “fixture block and neck sleeve”, therefore, the structure of the spline sleeve 6 and the shaft 5 of Figures 4 and 9 of Zheng is considered to be equivalent as they perform the same function of locking two pieces together through teeth and depressions as shown in Figure 8B of the instant application) of the switching device; the switching member is configured to switch between a first state and a second state by driving the first rotating shaft to connect or separate from the second rotating shaft through a movement of the first connecting assembly (i.e., the clutch mechanism 100 containing the spline 5 and sleeve 6 is either connected in the first state to allow the connecting rotation between the first rotating shaft 4 and the second rotating shaft 2 or disconnected to allow for the independent rotation of the second rotating shaft/winding drum 2 in a second state; Para. [0029] “…the spline sleeve 6 is only sleeved on the winding reel 2 of one resistance source 1 so that the winding reel 2 of two adjacent resistance sources 1 rotate independently and separately from each other, and the spline sleeve 6 and the spline shaft 5 are combined to form the linkage clutching mechanism 100.”).
Regarding claim 11, Zheng discloses a fitness device (Multi-motor fitness device of Figure 1), comprising a switching device (Resistance resource 1 and winding reel 2; Figure 2), wherein the switching device includes a first rotating shaft (First support member 4; Figure 2; i.e., the first support member 4 is a rotatable shaft as seen in Figure 2 above), a second rotating shaft (Winding reel 2; Figure 2; i.e., the winding reel is a second rotating shaft surrounded by the first rotating shaft/first support member 4), and an switching member (Restricting member 62; Figure 2; i.e., the switching member has been interpreted under 112(f) to be “a button, a knob, a pull rod, or other structural members”, therefore, the structure of the pull rod of the restricting member 62 seen in Figure 9 of Zheng that locks the first connecting member/spline shaft 5 and sleeve 6 is interpreted to be a switching member), wherein the second rotating shaft sleeves outside the first rotating shaft (i.e., the second rotating shaft/winding reel 2 is sleeved outside the first rotating shaft/first support member 4; Para. [0031] “Specifically, the resistance source 1 is an external rotor motor, the external rotor motor includes a rotor, the rotor serves as the rotating member 11 and is rotatably sleeved on the outside of the first support member 4, the winding reel 2 is hollow inside and sleeved on the outside of the first support member 4, one end of the rotating member 11 and/or the winding reel 2 is provided with a first bearing fixing portion 21 for mounting a bearing 20.” ), and the first rotating shaft and the second rotating shaft are detachably connected through a first connecting assembly (Clutch mechanism 100 comprising spline 5 and spline sleeve 6; Figure 2; i.e., the first connecting assembly has been interpreted under 112(f) to be a “fixture block and neck sleeve”, therefore, the structure of the spline sleeve 6 and the shaft 5 of Figures 4 and 9 of Zheng is considered to be equivalent as they perform the same function of locking two pieces together through teeth and depressions as shown in Figure 8B of the instant application) of the switching device; the switching member is configured to switch between a first state and a second state by driving the first rotating shaft to connect or separate from the second rotating shaft through a movement of the first connecting assembly, the fitness device is configured to be in a first mode when the switching device is in the first state, or in a second mode when the switching device is in the second state (i.e., the clutch mechanism 100 containing the spline 5 and sleeve 6 is either connected in the first state/first mode to allow the connecting rotation between the first rotating shaft 4 and the second rotating shaft 2 or disconnected to allow for the independent rotation of the second rotating shaft/winding drum 2 in a second state/second mode; Para. [0029] “…the spline sleeve 6 is only sleeved on the winding reel 2 of one resistance source 1 so that the winding reel 2 of two adjacent resistance sources 1 rotate independently and separately from each other, and the spline sleeve 6 and the spline shaft 5 are combined to form the linkage clutching mechanism 100.”).
Allowable Subject Matter
Claims 2-10 and 12-16 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.
Claims 17-20 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.
Regarding claim 4, none of the prior art of record either alone or in combination
teach or suggest all the structural and functional limitations as recited in the claim, and more specifically, the first matching member is disposed at an end of the first rotating shaft, the second matching member is disposed at an end of the second rotating shaft. The Office notes that the spline sleeve 6 and the spline shaft 5 of Zheng are not disposed at each respective rotating shaft ends.
The prior art of record Hepburn (US Patent No. 3,764,132; FD: 05/18/1972), Kao (US Patent Pub. No. 2022/0062691; PD: 03/03/2022), Hansen (US Patent Pub. No. 2023/0228771; PD: 10/26/2023), Zheng (US Patent Pub. No. 2025/0387660; Foreign Priority: 06/25/2024), and Wilson (US Patent Pub. No. 2022/0161088; FD: 10/11/2021) fail to teach or render obvious claims 2-10 and 12-20.
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Hansen discloses a switching device (Cable reel system seen in Figures 13 and 15), comprising: a first rotating shaft (Splined part 45; Figure 13), a second rotating shaft (Hub 53; Figure 15), wherein the second rotating shaft sleeves outside the first rotating shaft (i.e., the second rotating shaft/hub 53 surrounds the first rotating shaft/splined part 45), and the first rotating shaft and the second rotating shaft are detachably connected through a matching teeth (i.e., the teeth of the each of the respective rotating shafts) of the switching device but does not teach and the first rotating shaft and the second rotating shaft are detachably connected through a first connecting assembly, a switching member, the switching member is configured to switch between a first state and a second state by driving the first rotating shaft to connect or separate from the second rotating shaft through a movement of the first connecting assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Notice of References Cited for additional pertinent prior art.
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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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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784