Detailed Action
This is the Final Rejection based on application 18/819,961 filed on 08/29/2024, and which claims as amended on 06/17/2026 have been considered in the ensuing 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 .
Priority
The instant application claims priority to provisional application 63/628,858, and as such the earliest priority date of 08/29/2023 has been granted to the instant application.
Response to Amendment
The amendments have not been sufficient to overcome most of the original drawing objections, claim objections, and rejections under 35 USC 112(b) present in the Non-Final Action. The relevant objections have been maintained below.
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 “outer core and inner core” of claim 18, must be shown or the feature(s) canceled from the claim(s).
Furthermore, the drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters 4,5, and 6 for the second, third, and fourth pads respectively, appear to all be pointing to different areas of the same pad in the second layer 10B as depicted, so it is unclear how many pads are required for the invention, as well as the arrangement of the pads. 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. 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.
Specification
The disclosure is objected to because of the following informalities:
In paragraphs [0022], [0050], and [0052], “PCP pipe” should be –PVC pipe--.
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.
Claim 18 is 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 18 recites the limitation "the outer core" on line 1, and the “inner core” on line 2. There is insufficient antecedent basis for these limitations in the claim, as neither an outer core nor an inner core have yet been claimed.
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(s) 1-3,5,7,9-13, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barrow US 20120165163 A1, in view of Alba US 11534660 B2, in further view of Harvot US 20220266086 A1.
Regarding claim 1:
Barrow teaches a bench press device (“This invention relates to a weightlifting aid and a method of weightlifting, with particular reference to weightlifting from a recumbent position, such as bench pressing.” See paragraph [0001]) comprising: a first layer (base region 14) and a second layer (See annotated figure 1); a first pad (board element(s) 16) in the first layer (See figure 1) ;a plurality of slots (side members 12a which as depicted appear to be slots for the harness 12 to go through) in the first layer (See figure 2a); a second pad in the second layer (board element(s) 16, the examiner notes that paragraph [0025] discusses a step of forming a stack of a desired number of board/pad elements and therefore as many board elements as desired can be used. In addition, figure 1 depicts 5 total board elements.); a third pad in the second layer (board element(s) 16, the examiner notes that paragraph [0025] discusses a step of forming a stack of a desired number of board/pad elements and therefore as many board elements as desired can be used. In addition, figure 1 depicts 5 total board elements.); a fourth pad in the second layer (board element(s) 16, the examiner notes that paragraph [0025] discusses a step of forming a stack of a desired number of board/pad elements and therefore as many board elements as desired can be used. In addition, figure 1 depicts 5 total board elements.), wherein the fourth pad is: operatively connected into the first pad (See annotated figure 1. The examiner notes that the limitation “operatively connected” does not require a direct connection, only that when assembled the structures, either directly or via intermediary structures, are connected); a first demarcation area (Paragraph [0016] of the instant application’s specification states, “the first demarcation area (7) is an area for a bar to contact”, in which case the any of the board elements which contact the barbell during use, inherently include a first demarcation area.); a second demarcation area (The examiner notes that the specification does not provide a definition for the difference between the first and second demarcation areas, and furthermore the examiner is noting the definition of a demarcation which as provided by Merriam-Webster dictionary is “something that marks or constitutes a boundary”, therefore any of the pads which when used have boundaries inherently include a second demarcation area.); a rubber band (harness 12. The examiner notes that paragraph [0038] states, “The harness 12 is formed from a length of material which has elastic properties and is connected at both of its ends to the base region 14.” Therefore the fact that the harness is stated as being made from elastic materials, under the broadest reasonable interpretation it is being considered a rubber band.); a plurality of notches (See annotated figure 4); and a fifth pad in the second layer (board element(s) 16, the examiner notes that paragraph [0025] discusses a step of forming a stack of a desired number of board/pad elements and therefore as many board elements as desired can be used. In addition, figure 1 depicts 5 total board elements.); wherein the second pad is disposed beneath the fifth pad (See annotated figure 1), thereby modifying the bench press device from a first height to a second height (The examiner notes that as discussed above adding each pad to the stack would inherently modify the height from a first height to a second height).
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Barrow fails to teach wherein the plurality of slots are internal, circular horizontal cylinder channels tunneled directly through the first layer, and wherein the plurality of notches are U-shaped appendages.
Alba, however, teaches a flexibly bendable pole with spring-like properties that may be used for many exercise methods (See col. 1 lines 34-36), and further teaches wherein the plurality of slots are internal, circular horizontal cylinder channels tunneled directly through the first layer (“Illustrative spacer 110A comprises a solid cylinder with a plurality of channels 114 disposed there through and extending the length of the spacer. Such rods may be multi-lumen tubing having a plurality of channels 114 therein. Rods 112 may be threaded through channels 114.” See col. 4 lines 57-62).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the layers of Barrow to make the plurality of slots internal circular cylinder channels through the first layer as taught by Alba as this would provide a more resilient structure opposed to the hanging side members 12a present in Barrow, and allow the user to more easily loop the bands through the device.
Barrow as modified by Alba, however, still fails to teach wherein the plurality of notches are U-shaped appendages.
Harvot, however, teaches apparatus and associated methods relate to a body positioning and support system having shoulder support surfaces (SSSs) and a lumbar support surface (LSS) offset downwards from a torso support surface (TSS) (See abstract), and further teaches wherein the plurality of notches are U-shaped appendages (See annotated figure 3).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the notches of Barrow to be U-shaped as taught by Harvot, as changing the shape of a structure does not create a patentably distinct invention as stated in MPEP chapter 2144.04 section IV., subsection B.
Regarding claim 2:
Barrow as modified discloses the bench device of claim 1, wherein the first layer is operatively connected to the second layer (See figure 1) or the first layer is separated from the second layer (The examiner notes that as stated above in claim 1 with respect to paragraph [0025] of Barrow, if the user desires to leave the first layer and the second layer separated they can choose to not connect them).
Regarding claim 3:
Barrow as modified discloses the bench press device of claim 1, wherein the first height is four inches and the second height is eight inches (“Preferably, each board element is at least 5 cm thick. Board element thicknesses of 7.5 cm or greater might be used.” See paragraph [0015]. The examiner notes the 7.5cm is 3 inches, therefore Barrow stating the pads can be over 3 inches allows the height of each pad to be 4 inches if desired. ) and the second height is eight inches (The examiner notes that due to the unclear nature of the claim language in claim 1, if the rebound effect is meant to be adding more pads, then adding another 4 inch high pad will make the second height inches as claimed.).
Regarding claim 5:
Barrow as modified discloses the bench press device of claim 1, wherein the plurality of notches is appended to the second layer (See rejection of claim 1 above).
Regarding claim 7:
Barrow as modified discloses the bench press device of claim 1, wherein the plurality of notches is operatively connected to the rubber band (The examiner notes that the phrase “operatively connected” only requires that when in use the structures are connected somehow, not requiring direct connection, therefore when the pads are connected to the first layer the notches thereof are operatively connected to the rubber band).
Regarding claim 9:
Barrow as modified by Alba teaches the bench press device of claim 1, wherein the internal, circular horizontal cylinder channels tunneled directly through the first layer are configured to receive polyurethane tubular pads (“Illustrative filler material includes polyurethane, FRP aid spring steel rod fillers. These may be used to replace the location and volume of one or more rods in a bundle. Illustrative fillers include polyurethane tubing or PVC tubing of equal, or near equal size as the rod it replaces.” See col.5 lines 13-17. The examiner notes that the rejection of claim 1 above already discusses how the channels of Alba receive tubular rods 112.).
Regarding claim 10:
Barrow as modified discloses the bench press device of claim 2, wherein the first layer operatively connected to the second layer leads to a compression effect, when contacted with a bar (The examiner notes that as stated in paragraph [0044] the pads, which make up the first and second layers of the bench press device, are comprised of high density foam material or rubber, which both inherently allow for compression under load, and therefore when the bar is lowered during bench press the layers would compress).
Regarding claim 11:
Barrow as modified by Alba teaches the bench press device of claim 9, wherein the polyurethane tubular pads provide protection to shoulders of a lifter (The examiner notes that as discussed in paragraph [0052] of the specification of the instant application, the entire structure of the bench press device is meant to provide protection to shoulders of a lifter, and therefore the inclusion of the tubular pads of Alba as noted above in the rejections of claims 1 and 9, which claim 11 depends upon, would only aid this function as they would provide more shock absorbing material, and rigidity when the weight of the barbell is lowered onto the pad structure, thereby relieving the loading on the user’s shoulders at the bottom of the movement).
Regarding claim 12:
Barrow as modified discloses the bench press device of claim 1, wherein the first demarcation area is an area for a bar to contact (See rejection of claim 1, and figure 5(b), which depicts the user starting to lift the bar off the top pad in the assembly).
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Regarding claim 13:
Barrow as modified discloses the bench press device of claim 1, wherein the fifth pad is configured to contact a bar, wherein the bar is descending downwards (“The number of board elements 16 can be varied in accordance with the user's wishes in order to vary the nature of the exercise performed. FIGS. 5a and 5b show a user 50 performing a bench press exercise with a barbell 52 using a training aid 54 of the invention. The training aid 54 includes a stack formed from a plurality of board elements 56.” See paragraph [0041], and figures 5(a) and 5(b). The examiner notes that as stated above if the user chooses to stack all five boards the fifth pad would be configured to contact the bar when the user brings the barbell down).
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Regarding claim 17:
Barrow as modified discloses the bench press device of claim 1, wherein the first layer has the first demarcation area (See rejection of claim 1 regarding the demarcation areas) and the second layer has the second demarcation area (See rejection of claim 1 regarding the demarcation areas).
Regarding claim 18:
Barrow as modified teaches the bench press device of claim 17, wherein the outer core is composed of polyurethane foam (The examiner notes that due to the lack of direction from the drawings with no outer or inner core being depicted, and with the specification merely reciting the claim language, the outer core under the broadest reasonable interpretation is being considered as the bulk of material surrounding the outside of the layers, and therefore Barrow states, in paragraphs [0018], “The board elements may be formed from any suitable material. Preferably, the board elements are formed from a resilient foam, such as high density foam. Other materials, such as elastomeric or polymeric materials, might be utilized.” Which shows that there is an outer core material) but fails to teach the inner core is composed of a flexible PVC pipe and tubular polyurethane.
Alba, however, teaches a flexibly bendable pole with spring-like properties that may be used for many exercise methods (See col. 1 lines 34-36), and further teaches an inner core (“FIG. 13A shows an illustrative exercise device 100 that may include the single rod core 302 and FIG. 13B show a cross-sectional view taken at line 13-13. Bendable pole 102 includes a tubing 304 comprising PVC or other thermoplastic polymer.” See col. 14 lines 1-5), and that the inner core is composed of a flexible PVC pipe and tubular polyurethane (“Bendable pole 102 includes a tubing 304 comprising PVC or other thermoplastic polymer.” …Foam outer layer 306 may comprise, for example, a closed cell foam of medium density polyurethane or neoprene and may have a 3⅛ inch wall thickness.” See col.14 lines 4-12.)
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the layers of Barrow to include an inner core mad out of PVC pipe and tubular polyurethane as taught by Alba, as this would provide a more resilient structure, and enhance how much the pads protect the user from the load of the barbell during exercise, and so that when compressed the padded layers would retain structural rigidity when compressed, but still be able to rebound back to their original shape when decompressed.
Regarding claim 19:
Barrow as modified discloses the bench device of claim 1, wherein the rubber band is configured to span a first side of the bench device and a second side of the bench device (See figure 1 which depicts the harness 12 of Barrow going from one side of the assembly to the other, with the examiner noting that the definition of span as provided by Merriam-Webster dictionary is “an extent, stretch, reach , or spread between to limits” and therefore the harness 12 of Barrow extending between both sides of the bench device assembly is being considered as configured to span it.).
Regarding claim 20:
Barrow as modified discloses the bench press device of claim 12, wherein the first demarcation area (7) contacts the bar, such that elbows of a lifter handling the bar are oriented at 45 degrees (The examiner notes that as stated in paragraph [0025] of Barrow that the user forms a stack of a desired number of board elements, in order to train with different ranges of motion, which is the same function and intended use of the instant application. Therefore, if the user chooses to stack the pads so that their elbows are oriented at 45 degrees during a lift they can do so.).
Response to Arguments
Applicant's arguments filed 06/17/2026 have been fully considered but they are not persuasive. In regards to the arguments presented with respect to the rejection of claim 1 under 35 USC 102(a)(1) in view of Barrow previously presented, the examiner respectfully disagrees. The newly claimed limitations of the notches being u-shaped appendages, and the plurality of slots being circular horizontal cylinder were not originally present, and therefore the newly presented rejection of claim 1 in view of the combination of Barrow, Alba, and Harvot has been presented above. Please see the rejection(s) presented above.
Conclusion
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are 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 JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 10An 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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/JONATHAN A DICUIA/ Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
