DETAILED ACTION
This Office action is in response to applicant’s amendments and arguments filed 07/10/2026.
Status of the Claims
In applicant’s amendments claims 1-2, 10, 16-18 were amended. Claims 1-20 are currently pending and considered below. An action on the merits now follows.
Response to Amendment
Terminal disclaimers filed 7/10/2026 overcome the rejections based on nonstatutory double patenting.
The objections to the abstract of the disclosure, and the drawing, specification, and claim objections have been obviated in view of applicant’s amendments and arguments. The rejections under 35 U.S.C. § 112(b) have been obviated in view of applicant’s amendments and arguments, and was/were withdrawn.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 6-10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 5538489 A (Magid) in view of Neil Sclater, Mechanisms and Mechanical Devices Sourcebook 3rd Edition, Published 2001 (henceforth Sclater) in further view of US 4342452 A (Summa).
Regarding Independent Claim 1, Magid discloses a manually powered treadmill (second embodiment, Figure 8; device does not comprise a motor and therefore is manually powered) comprising:
a frame (base 11) comprising a left-side member and a right-side member spaced apart from the left side member (side brackets 24, 24’; see Figure 8 wherein the respective side brackets are spaced apart on opposite sides of the device);
a front running belt pulley (front rollers 41; considered a wide pulley with a wide face and two adjacent rims) coupled to the frame (via front brackets 12);
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Figure 8
a rear running belt pulley (rear roller 42; considered a wide pulley) coupled to the frame (via rear brackets 13) and spaced apart from the front running belt pulley (front rollers 41 are located at a front of the device with rear rollers 42 located at a rear of the device spaced apart from each other);
a running belt (foot belts 4, 4’) at least partly supported by the first plurality of bearings, the second plurality of bearings (see Figure 8 wherein the belts 4, 4’ are supported on an interior surface by the rollers 27), and at least partly supported by at least one of the front running belt pulley or the rear running belt pulley (belts 4, 4’ are supported at a front and rear by the front and rear rollers 41, 42 respectively as shown in Figure 5), wherein the running belt includes a running surface (top surface of belts 4, 4’), at least a portion of which is a curved running surface (front and rear ends of the top surface about front and rear rollers 41, 42 have an arced curved surface curving downward around the rollers);
and a safety device (unidirectional control means 6, 6’) coupled between the frame and at least one of the front running belt pulley and the rear running belt pulley (see Figure 8 wherein the control means 6, 6’ are located between the rollers and the brackets and frame),
wherein one of the front running belt pulley and the rear running belt pulley is restricted from rotation relative to the frame in a first rotational direction, however, in a second rotational direction opposite the first rotational direction, the one of the front running belt pulley and the rear running belt pulley freely rotate relative to the frame (“control means 6, 6' includes a pair of ratchet gears 61 attached to outer ends of the front rollers 41 and mounted rotatably on the first shaft 411, and a pair of pawls 62 secured to the base 11 and engaging one of the ratchet gears 61 to permit only unidirectional rotation of the front rollers 41, thereby preventing bidirectional movement of the foot belts 4, 4” Col. 4, lines 49-54; said control means 6, 6’ is configured to provide unrestricted rotation in a second direction and preventative rotation in a first direction opposite the second direction).
Magid teaches the invention as substantially claimed, see above. Magid does not disclose
the safety device comprising an inner ring and an outer ring, wherein one of the front running belt pulley and the rear running belt pulley and one of the inner ring and the outer ring is restricted from rotation relative to the frame in a first rotational direction, however, in a second rotational direction opposite the first rotational direction, the one of the front running belt pulley and the rear running belt pulley and the one of the inner ring and the outer ring freely rotate relative to the frame;
a first plurality of bearings coupled to the left side member of the frame; a second plurality of bearings coupled to the right-side member of the frame and spaced apart from the first plurality of bearings; and at least a portion of the curved running surface being positioned vertically above at least a portion of the first plurality of bearings and at least a portion of the second plurality of bearings.
Sclater teaches an analogous one way belt over rollers device (“conveyor, Fig. 2) solving the same issue of providing a one way clutch to provide single directional rotation comprising:
a front running belt pulley and a rear running belt pulley spaced apart from the front running belt pulley (Figure 2);
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a belt (“belt”, Figure 2) supported by at least one of the front running belt pulley or the rear running belt pulley (supported by both the front and rear running belt pulleys at a top and bottom end thereof)
and a safety device coupled to at least one of the front running belt pulley and the rear running belt pulley (“backstopping clutch” coupled to the front roller),
the safety device comprising an inner ring and an outer ring (Figure 1: Annotated; said clutch comprises an outer and inner rings),
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Figure 1: Annotated
wherein one of the front running belt pulley and the rear running belt pulley and one of the inner ring and the outer ring is restricted from rotation relative to the frame in a first rotational direction, however, in a second rotational direction opposite the first rotational direction, the one of the front running belt pulley and the rear running belt pulley and the one of the inner ring and the outer ring freely rotate relative to the frame (“the back-stopping clutch will prevent the buckets from running backwards” Fig. 2; said safety device is configured to allow for rotation in one direction and prevent rotation in the other direction).
It would have been obvious for one skilled in the art at the time of filing to modify the safety device to be a backstopping clutch with inner and outer rings with sprags therebetween, as taught by Sclater, in order to have a quieter and more precise clutch mechanism.
Magid as modified teaches the invention as substantially claimed, see above. Magid does not disclose a first plurality of bearings coupled to the left side member of the frame; a second plurality of bearings coupled to the right-side member of the frame and spaced apart from the first plurality of bearings; and at least a portion of the curved running surface being positioned vertically above at least a portion of the first plurality of bearings and at least a portion of the second plurality of bearings.
Summa teaches an analogous exercise device in the same field of endeavor comprising:
a first plurality of bearings (left bearings 30) coupled to a left side member (left side plate 27; “Each of the side plate members 27 and 28 include bearings or openings 30 for receiving axle shafts of the rollers 3, described below” Paragraph 5); a second plurality of bearings (right bearings 30) coupled to a right-side member (right side plate 28) and spaced apart from the first plurality of bearings (each set of bearings and plates are located at opposite ends of axle shafts of rollers 3).
It would have been obvious for one skilled in the art at the time of filing to modify the left and right-side members attachment points to the rollers with respective bearings attached to ends of the roller shafts, as taught by Summa, in order to reduce rotational friction.
Magid as modified further discloses the at least a portion of the curved running surface being positioned vertically above at least a portion of the first plurality of bearings and at least a portion of the second plurality of bearings (front and rear portions of the belt curved around the rollers with the upper portions of each front and rear portion being located above the bearings that are aligned with the rollers located below the top surface the belt).
Regarding Claim 2, Magid as modified further discloses the manually powered treadmill of claim 1, wherein the frame further comprises at least one cross-member (shaft 27) extending between the left side member and the right-side member (each end of the respective shaft 27 is attached to a bearing located in the respective side panels).
Regarding Claim 3, Magid as modified further discloses the manually powered treadmill of claim 1, wherein at least one of the first plurality of bearings or the second plurality of bearings are supported by a bearing rail (flanges 25; flanges extend upward and support plates 24, 24’).
Regarding Claim 6, Magid as modified further discloses the manually powered treadmill of claim 1, wherein the running belt at least partially contacts at least one of the first plurality of bearings or the second plurality of bearings (said belt 4, 4’ rests upon an upper surface of the rollers 27).
Regarding Claim 7, Magid as modified further discloses the manually powered treadmill of claim 6, wherein the running belt comprises an outer surface opposite an inner surface, and wherein the outer surface comprises the running surface and the inner surface at least partially contacts at least one bearing of the first plurality of bearings or the second plurality of bearings (said belt 4, 4’ forms a continuous loop such that the belts have an exterior outer surface and a interior inner surface wherein the rollers 27 are in contact with the inner surface).
Regarding Claim 8, Magid as modified further discloses the manually powered treadmill of claim 1, wherein the safety device comprises a one-way bearing including the inner ring and the outer ring (the clutch mechanism comprising the inner and outer rings is in the form of a one-way bearing).
Regarding Claim 9, Magid as modified further discloses the manually powered treadmill of claim 8, wherein the one-way bearing further includes a plurality of sprags disposed between the inner ring and outer ring (“sprags”, see Figure 1 wherein there are at least two sprags between the inner and outer rings), wherein the plurality of sprags are shaped to prevent rotation of at least one of the inner ring or the outer ring in the first direction while permitting rotation of the at least one of the inner ring or the outer ring in the second direction (see Figure 1 wherein the sprags have oblong shapes wherein the shapes of the sprags prevent rotation in one direction and allow rotation in the opposite direction).
Regarding Independent Claim 10, Magid discloses a manually powered treadmill (second embodiment, Figure 8; device does not comprise a motor and therefore is manually powered) comprising:
a frame (base 11) having a front end and a rear end opposite the front end (front and opposite rear end respectively), a left side member (left plate 24), and a right side member (right plate 24’) spaced apart from the left side member (left and right plates 24, 24’ are spaced apart)
at least one rotatable element coupled to the frame (front roller 41);
a running belt (belts 4, 4’) at least partly supported by the plurality of bearings (see Figure 8 wherein the belt 4 is supported on top of rollers 26) and the at least one rotatable element (at the front end thereof), wherein the running belt includes a running surface (top surface), at least a portion of which is curved (front and rear ends of belt 4, 4’ are considered part of the top surface and curve downward around the rollers located at the front and rear ends);
and a safety device (unidirectional control means 6, 6’) coupled between the frame and to the rotatable element (see Figure 8),
wherein the safety device is structured to permit the rotatable element to freely rotate in only one rotational direction (“control means 6, 6' includes a pair of ratchet gears 61 attached to outer ends of the front rollers 41 and mounted rotatably on the first shaft 411, and a pair of pawls 62 secured to the base 11 and engaging one of the ratchet gears 61 to permit only unidirectional rotation of the front rollers 41, thereby preventing bidirectional movement of the foot belts 4, 4” Col. 4, lines 49-54; said control means 6, 6’ is configured to provide unrestricted rotation in a second direction and preventative rotation in a first direction opposite the second direction).
Magid does not disclose the safety device comprising an inner race and an outer race, wherein the safety device is structured to permit at least one of the inner race or the outer race to freely rotate in only one rotational direction; a first plurality of bearings coupled to the left side member; a second plurality of bearings coupled to the right side member; wherein the curved running surface is positioned vertically above the first plurality of bearings and the second plurality of bearings.
Summa teaches an analogous exercise device in the same field of endeavor comprising:
a first plurality of bearings (left bearings 30) coupled to a left side member (left side plate 27; “Each of the side plate members 27 and 28 include bearings or openings 30 for receiving axle shafts of the rollers 3, described below” Paragraph 5); a second plurality of bearings (right bearings 30) coupled to a right-side member (right side plate 28) and spaced apart from the first plurality of bearings (each set of bearings and plates are located at opposite ends of axle shafts of rollers 3).
It would have been obvious for one skilled in the art at the time of filing to modify the left and right-side members attachment points to the rollers with respective bearings, as taught by Summa, in order to reduce rotational friction.
Magid as modified further discloses the at least a portion of the curved running surface being positioned vertically above at least a portion of the first plurality of bearings and at least a portion of the second plurality of bearings (front and rear portions of the belt curved around the rollers with the upper portions of each front and rear portion being located above the bearings that are aligned with the rollers located below the top surface the belt).
Sclater teaches an analogous one way belt over rollers device (“conveyor, Fig. 2) solving the same issue of providing a one way clutch to provide single directional rotation comprising:
a front running belt pulley and a rear running belt pulley spaced apart from the front running belt pulley (Figure 2: Annotated);
a belt (“belt”, Figure 2: Annotated) supported by at least one of the front running belt pulley or the rear running belt pulley (supported by both the front and rear running belt pulleys at a top and bottom end thereof)
and a safety device coupled to at least one of the front running belt pulley and the rear running belt pulley (“backstopping clutch” coupled to the front roller),
the safety device comprising an inner and outer race (Figure 1: Annotated; said clutch comprises an outer and inner rings, labelled as races in the Figure description),
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Figure 1: Annotated
wherein one of the front running belt pulley and the rear running belt pulley and one of the inner ring and the outer ring is restricted from rotation relative to the frame in a first rotational direction, however, in a second rotational direction opposite the first rotational direction, the one of the front running belt pulley and the rear running belt pulley and the one of the inner ring and the outer ring freely rotate relative to the frame (“the back-stopping clutch will prevent the buckets from running backwards” Fig. 2; said safety device is configured to allow for rotation in one direction and prevent rotation in the other direction).
It would have been obvious for one skilled in the art at the time of filing to modify the safety device to be a backstopping clutch with inner and outer races with sprags therebetween, as taught by Sclater, in order to have a quieter and more precise clutch mechanism.
Regarding Claim 11, Magid as modified further discloses the manually powered treadmill of claim 10, wherein one of the inner race and the outer race is substantially fixed to restrict rotation thereof relative to the other of the one of the inner race and the outer race (“outer race is restrained by torque-arming the stationary frame of the conveyor” Fig. 2; said outer race is fixed with the inner race providing the rotational movement).
Regarding Claim 12, Magid as modified further discloses the manually powered treadmill of claim 10, wherein the at least one rotatable element comprises at least one running belt pulley (said front roller is considered a wide pulley with a wide face between two adjacent rims), the at least one running belt pulley supporting at least a portion of the running belt (front roller supports a front of the belt 4, 4’).
Regarding Claim 13, Magid further discloses the manually powered treadmill of claim 10, wherein the safety device permits the running belt to freely rotate in the only one rotational direction (“the back-stopping clutch will prevent the buckets from running backwards” Fig. 2; said safety device is configured to allow for rotation in one direction and prevent rotation in the other direction).
Regarding Claim 14, Magid further discloses the manually powered treadmill of claim 10, wherein the inner race and the outer race cooperate with one another as elements of a one-way bearing (the clutch mechanism comprising the inner and outer rings is in the form of a one-way bearing as shown in Figure 1 with sprags in between the races providing one directional rotation).
Regarding Claim 17, Magid as modified further discloses the manually powered treadmill of claim 10, wherein the running belt comprises an outer surface opposite an inner surface (the belts 4, 4’ form continuous loops with an exterior outer surface and an opposite inner surface), and wherein the outer surface comprises the running surface and the inner surface at least partially contacts the plurality of bearings (the exterior outer surface comprises the running surface with the rollers 26 are pressed against the inner surface supporting the inner surface on the rollers 26).
Claims 4-5, 15-16, and 18-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 5538489 A (Magid) in view of Neil Sclater, Mechanisms and Mechanical Devices Sourcebook 3rd Edition, Published 2001 (henceforth Sclater) in further view of US 5709632 A (Socwell).
Regarding Claim 4, Magid as modified discloses the invention as substantially claimed, see above. Magid does not disclose wherein at least one of the first plurality of bearings or the second plurality of bearings defines in part a curved top profile corresponding to the curved running surface.
Socwell teaches an analogous exercise device in the same field of endeavor solving the same issue of providing bearings to support a running surface comprising:
a frame (support frame 12); at least one running belt pulley coupled to the frame (rollers 86, 88, 78); a plurality of bearings coupled to the frame (rollers 98), wherein the plurality of bearings define a curved top profile (see Figure 2 wherein the rollers 98 define a curved top profile of a belt 16 having a left and right end of the belt higher than a center); a running belt (belt 16) at least partly supported by the at least one running belt pulley and the plurality of bearings (as shown in Figure 2 wherein the belt 16 is fed around the rollers with its curved profile defined by the rollers 98), wherein the running belt comprises a running surface (top surface thereon of belt 16), at least a portion of which comprises a curved running surface corresponding to at least a portion of the curved top profile (a curved portion of the running belt 16 between the rollers is defined by as the curved running surface which corresponds to the curved top profile of the belt 16).
It would have been obvious for one skilled in the art at the time of filing to modify the first and second plurality of bearings to define a curved top profile with the running belt running surface comprising a curved portion corresponding to said curved top profile, as taught by Socwell, in order to reduce impact to the joints and muscles of the user (Col. 3, lines 1-4).
Regarding Claim 5, Magid as modified discloses the invention as substantially claimed, see above. Magid does not disclose wherein at least one of the first plurality of bearings or the second plurality of bearings defines a curved top profile, and wherein the running belt substantially assumes the shape of the curved top profile to form the curved running surface.
Socwell teaches an analogous exercise device in the same field of endeavor solving the same issue of providing bearings to support a running surface comprising:
a frame (support frame 12); at least one running belt pulley coupled to the frame (rollers 86, 88, 78); a plurality of bearings coupled to the frame (rollers 98), wherein the plurality of bearings define a curved top profile (see Figure 2 wherein the rollers 98 define a curved top profile of a belt 16 having a left and right end of the belt higher than a center); a running belt (belt 16) at least partly supported by the at least one running belt pulley and the plurality of bearings (as shown in Figure 2 wherein the belt 16 is fed around the rollers with its curved profile defined by the rollers 98), wherein the running belt comprises a running surface (top surface thereon of belt 16), at least a portion of which comprises a curved running surface corresponding to at least a portion of the curved top profile (a curved portion of the running belt 16 between the rollers is defined by as the curved running surface which corresponds to the curved top profile of the belt 16).
It would have been obvious for one skilled in the art at the time of filing to modify the first and second plurality of bearings to define a curved top profile with the running belt running surface comprising a curved portion corresponding to said curved top profile, as taught by Socwell, in order to reduce impact to the joints and muscles of the user (Col. 3, lines 1-4).
Regarding Claim 15, Magid as modified discloses the invention as substantially claimed, see above. Magid does not disclose manually powered treadmill of claim 10, wherein the plurality of bearings defines a curved top profile corresponding to the curved running surface.
Socwell teaches an analogous exercise device in the same field of endeavor solving the same issue of providing bearings to support a running surface comprising:
a frame (support frame 12); at least one running belt pulley coupled to the frame (rollers 86, 88, 78); a plurality of bearings coupled to the frame (rollers 98), wherein the plurality of bearings define a curved top profile (see Figure 2 wherein the rollers 98 define a curved top profile of a belt 16 having a left and right end of the belt higher than a center); a running belt (belt 16) at least partly supported by the at least one running belt pulley and the plurality of bearings (as shown in Figure 2 wherein the belt 16 is fed around the rollers with its curved profile defined by the rollers 98), wherein the running belt comprises a running surface (top surface thereon of belt 16), at least a portion of which comprises a curved running surface corresponding to at least a portion of the curved top profile (a curved portion of the running belt 16 between the rollers is defined by as the curved running surface which corresponds to the curved top profile of the belt 16).
It would have been obvious for one skilled in the art at the time of filing to modify the plurality of bearings to define a curved top profile with the running belt running surface comprising a curved portion corresponding to said curved top profile, as taught by Socwell, in order to reduce impact to the joints and muscles of the user (Col. 3, lines 1-4).
Regarding Claim 16, Magid as modified discloses the invention as substantially claimed, see above. Magid does not disclose wherein the first and second pluralities of bearings defines a curved top profile, and wherein at least a portion of the running belt substantially assumes the shape of the curved top profile to form the running surface.
Socwell teaches an analogous exercise device in the same field of endeavor solving the same issue of providing bearings to support a running surface comprising:
a frame (support frame 12); at least one running belt pulley coupled to the frame (rollers 86, 88, 78); a plurality of bearings coupled to the frame (rollers 98), wherein the plurality of bearings define a curved top profile (see Figure 2 wherein the rollers 98 define a curved top profile of a belt 16 having a left and right end of the belt higher than a center); a running belt (belt 16) at least partly supported by the at least one running belt pulley and the plurality of bearings (as shown in Figure 2 wherein the belt 16 is fed around the rollers with its curved profile defined by the rollers 98), wherein the running belt comprises a running surface (top surface thereon of belt 16), at least a portion of which comprises a curved running surface corresponding to at least a portion of the curved top profile (a curved portion of the running belt 16 between the rollers is defined by as the curved running surface which corresponds to the curved top profile of the belt 16).
It would have been obvious for one skilled in the art at the time of filing to modify the rollers locations to define a curved top profile with the running belt running surface comprising a curved portion corresponding to said curved top profile, as taught by Socwell, in order to reduce impact to the joints and muscles of the user (Col. 3, lines 1-4).
Regarding Independent Claim 18, Magid discloses a treadmill (second embodiment, Figure 8 in the form of a treadmill), comprising:
a frame (base 11) comprising a left-side member and a right-side member spaced apart from the left side member (left and right plates 24, 24’);
at least one running belt pulley coupled to the frame (front roller 41; considered a wide pulley with a wide face with two adjacent rims forming the pulley track);
a running belt (belts 4, 4’) at least partly supported by the at least one running belt pulley and the plurality of bearings (as shown in Figure 8), wherein the running belt comprises a running surface (top surface),
and a one-way bearing (unidirectional control means 6, 6’) coupled between the frame and the at least one running belt pulley (see Figure 8 wherein the control means is located between the roller and the bracket and frame), wherein the at least one running belt pulley is restricted from rotation relative to the frame in a first rotational direction, however, in a second rotational direction opposite the first rotational direction, the at least one running belt pulley rotates freely relative to the frame (“control means 6, 6' includes a pair of ratchet gears 61 attached to outer ends of the front rollers 41 and mounted rotatably on the first shaft 411, and a pair of pawls 62 secured to the base 11 and engaging one of the ratchet gears 61 to permit only unidirectional rotation of the front rollers 41, thereby preventing bidirectional movement of the foot belts 4, 4” Col. 4, lines 49-54; said control means 6, 6’ is configured to provide unrestricted rotation in a second direction and preventative rotation in a first direction opposite the second direction).
Magid discloses the invention as substantially claimed, see above. Magid does not disclose wherein the plurality of bearings define a curved top profile; at least a portion of the running surface comprises a curved running surface corresponding to at least a portion of the curved top profile; the one-way bearing comprising an inner ring and an outer ring, wherein the one of the inner ring and the outer ring are restricted from rotation relative to the frame in a first rotational direction, however, in a second rotational direction opposite the first rotational direction, the one of the inner ring and the outer ring rotate freely relative to the frame; and
A first plurality of bearings coupled to the left side member of the frame, wherein at least a portion of the first plurality of bearings define at least a portion of a curved top profile; a second plurality of bearings coupled to the right side member of the frame, wherein at least a portion of the second plurality of bearings define at least a portion of the curved top profile; wherein the curved running surface is positioned vertically above the first plurality of bearings and the second plurality of bearings.
Summa teaches an analogous exercise device in the same field of endeavor comprising:
a first plurality of bearings (left bearings 30) coupled to a left side member (left side plate 27; “Each of the side plate members 27 and 28 include bearings or openings 30 for receiving axle shafts of the rollers 3, described below” Paragraph 5); a second plurality of bearings (right bearings 30) coupled to a right-side member (right side plate 28) and spaced apart from the first plurality of bearings (each set of bearings and plates are located at opposite ends of axle shafts of rollers 3).
It would have been obvious for one skilled in the art at the time of filing to modify the left and right-side members attachment points to the rollers with respective bearings, as taught by Summa, in order to reduce rotational friction.
Magid as modified further discloses the at least a portion of the curved running surface being positioned vertically above at least a portion of the first plurality of bearings and at least a portion of the second plurality of bearings (front and rear portions of the belt curved around the rollers with the upper portions of each front and rear portion being located above the bearings that are aligned with the rollers located below the top surface the belt).
Sclater teaches an analogous one way belt over rollers device (“conveyor, Fig. 2) solving the same issue of providing a one way clutch to provide single directional rotation comprising:
a front running belt pulley and a rear running belt pulley spaced apart from the front running belt pulley (Figure 2: Annotated);
a belt (“belt”, Figure 2: Annotated) supported by at least one of the front running belt pulley or the rear running belt pulley (supported by both the front and rear running belt pulleys at a top and bottom end thereof)
and a safety device coupled to at least one of the front running belt pulley and the rear running belt pulley (“backstopping clutch” coupled to the front roller),
the safety device comprising an inner ring and an outer ring (Figure 1: Annotated; said clutch comprises an outer and inner rings),
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wherein one of the front running belt pulley and the rear running belt pulley and one of the inner ring and the outer ring is restricted from rotation relative to the frame in a first rotational direction, however, in a second rotational direction opposite the first rotational direction, the one of the front running belt pulley and the rear running belt pulley and the one of the inner ring and the outer ring freely rotate relative to the frame (“the back-stopping clutch will prevent the buckets from running backwards” Fig. 2; said safety device is configured to allow for rotation in one direction and prevent rotation in the other direction).
It would have been obvious for one skilled in the art at the time of filing to modify the safety device to be a backstopping clutch with inner and outer rings with sprags therebetween, as taught by Sclater, in order to have a quieter and more precise clutch mechanism.
Magid as modified discloses the invention as substantially claimed, see above. Magid does not disclose wherein the plurality of bearings define a curved top profile; at least a portion of the running surface comprises a curved running surface corresponding to at least a portion of the curved top profile.
Socwell teaches an analogous exercise device in the same field of endeavor solving the same issue of providing bearings to support a running surface comprising:
a frame (support frame 12); at least one running belt pulley coupled to the frame (rollers 86, 88, 78); a plurality of bearings coupled to the frame (rollers 98), wherein the plurality of bearings define a curved top profile (see Figure 2 wherein the rollers 98 define a curved top profile of a belt 16 having a left and right end of the belt higher than a center); a running belt (belt 16) at least partly supported by the at least one running belt pulley and the plurality of bearings (as shown in Figure 2 wherein the belt 16 is fed around the rollers with its curved profile defined by the rollers 98), wherein the running belt comprises a running surface (top surface thereon of belt 16), at least a portion of which comprises a curved running surface corresponding to at least a portion of the curved top profile (a curved portion of the running belt 16 between the rollers is defined by as the curved running surface which corresponds to the curved top profile of the belt 16).
It would have been obvious for one skilled in the art at the time of filing to modify the plurality of bearings to define a curved top profile with the running belt running surface comprising a curved portion corresponding to said curved top profile, as taught by Socwell, in order to reduce impact to the joints and muscles of the user (Col. 3, lines 1-4).
Regarding Claim 19, Magid as modified further discloses the treadmill of claim 18, wherein a plurality of elements are disposed intermediate the inner ring and the outer ring (sprags).
Regarding Claim 20, Magid as modified further discloses the treadmill of claim 19, wherein the plurality of elements comprises sprag elements (sprags).
Response to Arguments
Applicant's arguments filed 7/10/2026 have been fully considered but they are not persuasive and moot in view of applicant’s amendments. Applicants argues that Magid does not disclose the newly amended limitations of first and second plurality of bearings. Arguments are moot due to new teaching reference teaching several sets of bearings.
Applicant’s arguments pertaining to the running surface location are not persuasive. Applicant’s amendments notably are in regards to “a portion” of the curved top profile. Applicant argues that the rollers and within the running surface and therefore positioned vertically below the bearings. The Figures show the running surface of the treadmill being located on a top of the rollers such that a user can actually use the running surface for its intended purpose. A portion of said running surface is the curved top profile and is located vertically above said bearings with the bearings height below that of top of the curved ends.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T MOORE whose telephone number is (571)272-0063. The examiner can normally be reached on M - Th 7:00-5:00pm; Friday 7-12 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn 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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/ZACHARY T MOORE/Examiner, Art Unit 3784
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