DETAILED ACTION
This Office action is in response to applicant’s response filed 03/16/2026 to the Requirement for Restriction/Election, dated 01/15/2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The effective filing date of the present application is 07/22/2020. Claims 1-20, as filed on 07/30/2024, are currently pending.
Applicant’s election without traverse of Invention II (Claims 17-20) in the reply filed on 03/16/2026 is acknowledged. Claims 1-16, as filed on 07/30/2024, are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claims 17-20, as filed on 07/30/2024, are considered below.
Specification
The abstract of the disclosure is objected to because of the following informalities:
In lines 2-3, “The apparatus” should be --- The weight training apparatus ---.
In line 3, “The apparatus” should be --- The weight training apparatus ---.
In line 5, “the devices” should be --- the weight training apparatus and the aerobic apparatus ---.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 102
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 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Torkelson (US 2002/0072452).
Regarding claim 17, Torkelson discloses a weight training method comprising:
a) restricting a first fluid flow (via the flow control valve assembly 208 controlling the flow of working fluid in the conduit 204 from and/or to the piston 204; Figure 2; paragraphs 0022-0023) from an internal cavity (the internal cavity of the sealed cylinder 200 within the inner wall of the sealed cylinder; paragraph 0022; Figure 2) defined by a housing (the sealed cylinder 200; Figure 2; paragraphs 0022-0023) that is partially occupied by a piston (the piston 204 together with the shaft 206 and the pivotal coupling at the upper end of the shaft 206 secured to either of the direction reversing levers 108 and 110 (Torkelson discloses in paragraph 0022 that “FIG. 2 illustrates a variable bi-directional resistance element and associated controls suitable for use as elements 122 and 124 in FIG. 1.” According to paragraph 0015 and Figure 1, the bi-directional resistance elements 122, 124 comprise respective shafts 126, 128 that “are secured, preferably pivotally, at their upper ends to back ends of levers 108 and 110, respectively.”); Figure 2; paragraphs 0022-0023 and 0015) having a first piston surface (the surface of the piston 204 facing the motion encoder 228; Figure 2) to inhibit
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movement of the piston (via the flow control valve assembly 208 controlling the flow of working fluid in the conduit 204 from and/or to the surface of the piston 204 facing the load cell 226; Figure 2; paragraphs 0022-0023) in a first direction (downward movement of the piston 204 toward the load cell 226; Figure 2; paragraphs 0022-0023) along a longitudinal axis of the housing (the longitudinal axis of the sealed cylinder 200 aligned with the shaft 206; Figure 2) while the piston is experiencing a force (the force applied by the user 100 to the pivotal coupling at the upper end of the shaft 206 (in Figure 1, the shafts 126, 128; see above) secured to either of the direction reversing levers 108 and 110; Figures 1 and 2; paragraphs 0022-0023 and 0015) in the first direction by a weightlifter (Figures 1 and 2; paragraphs 0022-0023 and 0015; the user 100 may focus on improving strength, power, and anaerobic capacity (i.e. a weightlifter) according to paragraphs 0018-0019); and
b) applying a first fluid pressure (the fluid pressure in the conduit 202; Figure 2; paragraphs 0022-0023) to the first piston surface (the surface of the piston 204 facing the motion encoder 228; Figure 2; paragraphs 0022-0023) to move the piston in a second direction (upward movement of the piston 204 toward the motion encoder 228; Figure 2; paragraphs 0022-0023) along the longitudinal axis of the housing and opposite the first direction (Figure 2) while the piston is experiencing resistance against the movement in the second direction by the weightlifter (paragraph 0023: “As the relevant valve or valves move toward a closed position, they restrict the rate of fluid flow more and more and the user feels more and more resistance and needs more force to extend or bend a leg. When the valves close fully, the system is locked in place. The system thus allows control over resistance to motion in each direction, independently for each leg, and also during a stroke.”).
Regarding claim 18, Torkelson further discloses wherein steps a) and b) are repeated a plurality of times followed by a resting step to form a set (According to paragraph 0018, “The user can do a prescribed number of repetitions for each set, for example in the range of 6-15 repetitions.” According to paragraph 0019, “For example, a user can do the running exercise for 20 seconds, rest for 10 seconds, and repeat for a total of five sets.”).
Regarding claim 19, Torkelson further discloses performing 1 to 4 additional sets (paragraph 0019: “For example, a user can do the running exercise for 20 seconds, rest for 10 seconds, and repeat for a total of five sets.”)
Regarding claim 20, Torkelson further discloses wherein steps a) and b) are repeated 1 to 20 times (paragraph 0018: “The user can do a prescribed number of repetitions for each set, for example in the range of 6-15 repetitions.”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY D URBIEL GOLDNER whose telephone number is (313)446-6554. The examiner can normally be reached between 9AM and 5PM, Eastern Time, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn B Jimenez can be reached on (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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/GARY D URBIEL GOLDNER/Primary Examiner, Art Unit 3784
