DETAILED 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 .
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Such claim limitation(s) is/are:
“cooling means” in claim 1 to be means allowing to reduce the temperature of the user of the indoor sports device, including a fan, an apparatus for spraying water, an air conditioner, a water mister, an air purifier as described on page 3, lines 19-22 of the specification;
“reception means” in claim 3 to be an opening having a shape allowing to receive and stabilize a container such as a water bottle holder, a cup holder, or a glass holder as described on page 5, lines 26-30 of the specification.
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 1-13 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.
Regarding claims 1 and 5, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 3, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Appropriate correction is required.
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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watterson (US PG Pub. No. 2015/0182800, July 2, 2015).
Watterson was cited in the IDS filed on 09/25/2024.
Regarding claim 1, Watterson teaches a console (i.e., desk frame 14 including support member 30, and desk 28, see para. [0051] and Figs. 1,3-4 below) for an indoor sports device comprising a cooling means (i.e., fan, see para. [0065], [0074]) for a user of said indoor sports device and a support shelf (i.e., desk 28), characterized in that the support shelf 28 comprises a passage for a flow of air (i.e., the desk has a shape and configuration for passage of air flow to a user), for example in the shape of a C or L, disposed on the path of a flow of air coming from said cooling means.
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Regarding claim 2, Watterson teaches the cooling means is a fan (i.e., fan, see para. [0065], [0074])
Regarding claim 3, Watterson teaches said support shelf (i.e., desk 28) comprises at least one reception means (see annotated Fig. 3 above) for a container of liquid such as a glass, a cup, a bottle or a water bottle.
Regarding claim 4, Watterson teaches the indoor sports device is an exercise bike (see para. [0078], where the desk frame can be incorporated into a stationary bike).
Regarding claim 5, Watterson teaches at least two legs 14, for example fastened, if necessary, to the support shelf 28, which legs 14 being disposed so as to allow the placement of said indoor sports device between said at least two legs (see. Fig 1 above).
Regarding claim 6, Watterson teaches that said at least two legs 14 comprise two vertical arms (see annotated Fig. 1 above) and two horizontal arms (see annotated Fig. 1 above) connected to each other by their ends.
Regarding claim 7, Watterson teaches at least one storage case (see annotated Fig. 5 below)
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Regarding claim 8, Watterson teaches an indoor sports device comprising a console (i.e., desk frame 14 including support member 30, and desk 28, see para. [0051] and Figs. 1,3-4 above).
Regarding claim 9, Watterson teaches a console and an indoor sports device configured to be used with said console (i.e., desk frame 14 including support member 30, and desk 28, see paras. [0051], [0078], and Figs. 1,3-4 above).
Regarding claim 10, Watterson teaches at least one storage case (see annotated Fig. 5 above), said storage case being placed between said at least two legs 14.
Regarding claim 11, Watterson teaches at least one storage case, see annotated Fig. 5 above) said storage case being placed between said at least two legs 14, said at least two legs comprising two vertical arms (see annotated Fig. 1 above) and two horizontal arms (see annotated Fig. 1 above) connected to each other by their ends.
Regarding claim 12, Watterson teaches the indoor sports device is an exercise bike (see para. [0078], where the desk frame can be incorporated into a stationary bike).
Regarding claim 13, Watterson teaches the indoor sports device is an exercise bike (see para. [0078], where the desk frame can be incorporated into a stationary bike).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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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 S LO/Primary Examiner, Art Unit 3784