DETAILED ACTION
This is the first Office Action on the merits based on the 18/830,748 application filed on 11/13/2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 41-61, as originally filed, are currently pending and considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/11/2024 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.
Claim Objections
Claim 41 is objected to because of the following informalities:
On line 5, “the user’s spine” should be corrected to --- a user’s spine ---
On line 6, “the user’s shoulders” should be corrected to --- a user’s shoulders ---
Claim 42 is objected to because of the following informalities:
On line 2, “the contoured pad” should be corrected to --- the at least one pad ---
Claim 43 is objected to because of the following informalities:
On line 2, “the contoured pad” should be corrected to --- the at least one pad ---
Claim 44 is objected to because of the following informalities:
On line 1, “the contoured pad” should be corrected to --- the at least one pad ---
Claim 45 is objected to because of the following informalities:
On line 2, “the contoured pad” should be corrected to --- the at least one pad ---
Claim 46 is objected to because of the following informalities:
On line 2, “the contoured pad” should be corrected to --- the at least one pad ---
Claim 48 is objected to because of the following informalities:
On line 1, “the contoured pad” should be corrected to --- the at least one pad ---
Claim 49 is objected to because of the following informalities:
On line 1, “the contoured pad” should be corrected to --- the at least one pad ---
Claim 50 is objected to because of the following informalities:
On line 1, “the at least one contoured pad” should be corrected to --- the at least one pad ---
On line 2, “the pad” should be corrected to --- the at least one pad ---
Claim 51 is objected to because of the following informalities:
On line 2, “the contoured surface” should be corrected to --- the contoured torso support surface ---
Claim 52 is objected to because of the following informalities:
On line 2, “the contoured surface” should be corrected to --- the contoured torso support surface ---
Claim 53 is objected to because of the following informalities:
On line 4, “the user’s spine” should be corrected to --- a user’s spine ---
On line 4, “the user’s shoulders” should be corrected to --- a user’s shoulders ---
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 50-52, 58, 60, and 61 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 50 recites the limitation “a torso support surface” in lines 1-2. The limitation renders the claim indefinite because it is unclear if the “torso support surface” is a part of the “contoured torso support surface” of claim 41.
Claim 51 recites the limitation “a plurality of pads” in line 1. The limitation renders the claim indefinite because it is unclear if “plurality of pads” are part of the “at least one pad” of claim 41. Applicant is suggested to change the limitation “a plurality of pads” to --- the at least one pad comprises a plurality of pads ---.
Claim 52 recites the limitation “a plurality of pads” in line 1. The limitation renders the claim indefinite because it is unclear if “plurality of pads” are part of the “at least one pad” of claim 41. Applicant is suggested to change the limitation “a plurality of pads” to --- the at least one pad comprises a plurality of pads ---.
Claim 58 recites the limitation "the pad" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 60 recites the limitation "the pad" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 61 recites the limitation "the pad" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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)(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 41-48 and 50-60 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stoesslein (US Patent Pub. No. 2015/0246259; FD: 03/03/2015).
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Regarding claim 41, Stoesslein discloses a device (Back cushion 1; Figures 1 and 2) for supporting a user's torso to achieve biomechanically advantageous positions during strength training (i.e., the user’s torso and shoulders have more space for movement due to the contoured shape of the back cushion 1; Para. [0006]), comprising: at least one pad (Pad 2; Figures 1 and 2) creating a contoured surface (Outwardly arched support surface 6; Figures 1 and 2) configured to support the user's torso; and the contoured torso support surface of the at least one pad having a generally convex transverse contour (i.e., the outwardly arched contour of the support surface 6 forms a convex transverse contour) configured to induce a natural arch in the user's spine and enable added mobility of the user's shoulders (Para. [0032] “The pad 2 is dimensioned in such a way that an exercising person, who lies on the exercise bench 30 with the back cushion 1, can freely move his shoulder blades and can, in particular, pull the latter back completely.”).
Regarding claim 42, Stoesslein discloses the generally convex transverse contour of the contoured pad is integrated with a strength training bench (Exercise bench 30; Figures 1 and 2; i.e., the pad can be attached to any exercise machine due to the belt attachments 14; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 43, Stoesslein discloses the generally convex transverse contour of the contoured pad is integrated with a bench (Exercise bench 30; Figure 2) of a strength training machine (Para. [0012] “Moreover, an already available exercise bench on a piece of exercise equipment can be retrofitted in a cost-effective manner.”; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 44, Stoesslein discloses the contoured pad is affixed to a strength training bench (Exercise bench 30; Figure 2; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 45, Stoesslein discloses the device further comprises at least one strap (Belts 14; Figure 1; i.e., the first embodiment of Figure 1 contains the fasteners that include the straps/belts) having a fastener (Connector 18 and holder 22; Figure 1) configured to adjustably couple the contoured pad to a strength training bench (Exercise bench 30; Figure 2; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 46, Stoesslein discloses the device further comprises at least one strap (Belts 14; Figure 1; the first embodiment of Figure 1 contains the fasteners that include the straps/belts) having a fastener (Connector 18 and holder 22; Figure 1) configured to releasably couple the contoured pad to a bench (Exercise bench 30; Figure 2) integrated with a strength training machine (i.e., the straps/belts 14 are able to connect to any bench of a fitness training machine; Para. [0012] “Moreover, an already available exercise bench on a piece of exercise equipment can be retrofitted in a cost-effective manner.”; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 47, Stoesslein discloses the device further comprises a second contoured pad (Rear pad 32; Figure 2) having a lumbar support surface (Slight arching 36; Figure 2) configured to support a lumbar region of the user's torso (Para. [0033] “…the arching 36 supports the lumbar region.”).
Regarding claim 48, Stoesslein discloses the contoured pad further comprises a shoulder support surface (Shoulder supporting region 28; Figure 1) extending laterally from the longitudinal axis (i.e., annotated in Figures 1 and 2 above) configured to facilitate the biomechanically advantageous rearward rotation of the user's shoulders (Para. [0031] “According to the dimensioning, the support region 28 is designed to allow an exercising person, who uses the back cushion 1 on an exercise bench as a support, free mobility of the shoulder blades.”).
Regarding claim 50, Stoesslein discloses the at least one contoured pad creates a torso support surface (i.e., the outwardly arched contour of the support surface 6) extending along a longitudinal axis (i.e., annotated in Figures 1 and 2 above) of the pad (i.e., the support surface extends along the entire longitudinal axis of the pad 2).
Regarding claim 51, Stoesslein discloses the device comprises a plurality of pads (Pads 2, 32, and 34; Figure 2) creating the contoured surface configured to support the user's torso (i.e., the surface of each the pads is able to support a user’s torso; Para. [0024] “Expediently, the, or each, pad in the sleeve is surrounded by an intermediate sleeve.”).
Regarding claim 52, Stoesslein discloses the device comprises a plurality of pads (Pads 2, 32, and 34; Figure 2) coupled along the longitudinal axis (i.e., annotated in Figures 1 and 2 above) and creating the contoured surface configured to support the user's torso (i.e., the surface of each the pads is able to support a user’s torso; Para. [0024] “Expediently, the, or each, pad in the sleeve is surrounded by an intermediate sleeve.”).
Regarding claim 53, Stoesslein discloses a device (Back cushion 1; Figures 1 and 2) for supporting a user's body to achieve biomechanically advantageous positions during strength training (Para. [0006]), comprising: a torso support surface (Outwardly arched support surface 6; Figures 1 and 2) extending along a longitudinal axis (i.e., annotated in Figures 1 and 2 above) and contoured to induce a natural arch in the user's spine and enable a rearward rotation of the user's shoulders (Para. [0032] “The pad 2 is dimensioned in such a way that an exercising person, who lies on the exercise bench 30 with the back cushion 1, can freely move his shoulder blades and can, in particular, pull the latter back completely.”).
Regarding claim 54, Stoesslein discloses the torso support surface is integrated with a strength training bench (Exercise bench 30; Figure 2; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 55, Stoesslein discloses the torso support surface is integrated with a bench (Exercise bench 30; Figure 2) of a strength training machine (Para. [0012] “Moreover, an already available exercise bench on a piece of exercise equipment can be retrofitted in a cost-effective manner.”; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 56, Stoesslein discloses the torso support surface is part of a pad (Pad 2; Figures 1 and 2) affixed to a strength training bench (Exercise bench 30; Figure 2; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 57, Stoesslein discloses the pad comprises at least one strap (Belts 14; Figure 1; the first embodiment of Figure 1 contains the fasteners that include the straps/belts 14) having a fastener (Connector 18 and holder 22; Figure 1) configured to adjustably couple the pad to a strength training bench (Exercise bench 30; Figure 2; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 58, Stoesslein discloses the pad comprises at least one strap (Belts 14; Figure 1; the first embodiment of Figure 1 contains the fasteners that include the straps/belts 14) having a fastener (Connector 18 and holder 22; Figure 1) configured to releasably couple the pad to a bench (Exercise bench 30; Figure 2) integrated with a strength training machine (i.e., the straps/belts 14 are able to connect to any bench of a fitness training machine; Para. [0012] “Moreover, an already available exercise bench on a piece of exercise equipment can be retrofitted in a cost-effective manner.”; Para. [0031] “…the belts 14 can serve as means 24 for fastening to an exercise bench (not depicted in any more detail)”).
Regarding claim 59, Stoesslein discloses the device further comprises a second pad (Rear pad 32; Figure 2) having a lumbar support surface (Slight arching 36; Figure 2) contoured to support a lumbar region of the user's torso (Para. [0033] “…the arching 36 supports the lumbar region.”).
Regarding claim 60, Stoesslein discloses the torso support surface of the pad has a generally convex transverse contour (i.e., the arching 36 of the rear pad 32 has a convex transverse contour as seen in Figure 1).
Claim Rejections - 35 USC § 103
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 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.
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.
Claims 49 and 61 are rejected under 35 U.S.C. 103 as being unpatentable over Stoesslein (US Patent Pub. No. 2015/0246259; FD: 03/03/2015) in view of Mancias (US Patent Pub. No. 2019/0118028; FD: 10/24/2018).
Regarding claim 49, Stoesslein discloses the contoured pad (Pad 2; Figures 1 and 2).
Stoesslein does not disclose the contoured pad is constructed of a material selected from the group consisting of: foam, high-density closed-cell foam, polyurethane foam, and foam having a textured outer surface.
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Mancias teaches an analogous contoured pad (Rollers 108 and 110; Figure 1) for an exercise bench (Weightlifting bench 40; Figure 1) constructed from foam (Para. [0025] “The rollers can be constructed from several materials, including rubber, foam, ethylene-vinyl acetate, high density foam, closed cell foam, etc. Typical weightlifting benches are made from giving and absorbing materials. It is anticipated in several embodiments of the present invention that the rollers will be constructed from a firmer material that facilitates self-myofascial release.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pad of Stoesslein to have the foam core of Mancias in order to have a soft pad allowing for a comfortable support for a user performing exercises.
Regarding claim 61, Stoesslein discloses the pad (Pad 2; Figures 1 and 2).
Stoesslein does not disclose the pad is constructed of a high-density closed-cell foam material.
Mancias teaches an analogous contoured pad (Rollers 108 and 110; Figure 1) for an exercise bench (Weightlifting bench 40; Figure 1) constructed from a high-density closed-cell foam (Para. [0025] “The rollers can be constructed from several materials, including rubber, foam, ethylene-vinyl acetate, high density foam, closed cell foam, etc. Typical weightlifting benches are made from giving and absorbing materials. It is anticipated in several embodiments of the present invention that the rollers will be constructed from a firmer material that facilitates self-myofascial release.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pad of Stoesslein to have the foam core of Mancias in order to have a soft pad allowing for a comfortable support for a user performing exercises.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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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