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:
“a means for biasing each truck towards the first longitudinal end of the associated track section” in claims 2, 14, 23, and 32 to be elastic cords, compression springs, expansion springs, leaf springs, helical springs, magnetic attraction, magnetic repulsion, weight stacks, etc. as described in Applicant’s para. [0096]
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 10 and 13-40 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 10 recites the limitation "the side friction wheels" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Independent claim 13 recites the limitation "the right and left rails" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Independent claim 22 recites the limitation "the right and left rails" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Independent claim 31 recites the limitation "the right and left rails" in line 6. There is insufficient antecedent basis for this limitation in the claim.
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 1-3, 6-7, 9, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bulloch (US Pat. No. 6,042,511, Mar. 28, 2000).
Regarding claim 1, Bulloch teaches an exercise and training apparatus, comprising: (a) a pair of interconnected track sections 1,1’ (see Fig. 1-2) each having first and second longitudinal ends (see Fig. 2 below, each track section 1,1’ having an end) and right and left laterally spaced rails 7,7’ (see Fig. 2 below), and extending at a divergent angle relative to each other from the first longitudinal ends, (b) a pair of trucks (i.e., structure including platform 2,2’ and wheels, shown in Figs. 2 and 4 below), each engageable with the right and left rails 7,7’ on an associated one of the pair of track sections 1,1’ for longitudinal reciprocating travel along the associated track section 1,1’, with each truck including at least a right side wheel assembly (i.e., assembly including wheel 11, see Fig. 4 below), a left side wheel assembly (i.e., assembly including wheel 9, see Fig. 4 below), and a foot platform 2,2’ (see Fig. 2 below) for supporting a foot of an exerciser atop the right and left wheel assemblies 11,9, and (c) a latching mechanism 3 (see col. 3, line 51 – col. 4, line 15) operable for automatically and repetitively effecting alternating latching of a released truck and releasing of a latched truck as the released truck arrives at an exchange point along the longitudinal length of the associated track section.
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Regarding claim 2, Bulloch teaches the exercise and training apparatus of claim 1, further comprising a means for biasing (i.e., elastic cable 14 or bungee cord, see Fig. 2 above, and col. 4, lines 22-32) each truck towards the first longitudinal end of the associated track section.
Regarding claim 3, Bulloch teaches the exercise and training apparatus of claim 1, further comprising a pair of elastic cords 14 (see Fig. 2 above, and col. 4, lines 22-32), each in operable communication with an associated one of the trucks for biasing the associated truck towards the first longitudinal end of the associated track and providing resistance against longitudinal travel of the associated truck along the associated track section away from the first end.
Regarding claim 6, Bulloch teaches the exercise and training apparatus of claim 1 further comprising a heel locator (i.e., upright structures against which a user’s feet can abut, see col. 3, lines 36-43) projecting upward from each foot platform for providing a tactile indication of proper foot placement on the foot platform.
Regarding claim 7, Bulloch teaches the exercise and training apparatus of claim 6 wherein the heel locator further provides physical guidance into proper foot placement on the foot platform and an upward projecting heel-engaging stop surface (i.e., upright structures against which a user’s feet can abut, see col. 3, lines 36-43).
Regarding claim 9, as broadly interpreted, Bulloch teaches the exercise and training apparatus of claim 1, wherein the right side wheel assembly 11 and the left side wheel assembly 9 are each limited to two road wheels (see Fig. 4 above and Fig. 3), and at least one and no more than two side friction wheels (see Figs. 3,6 and col. 4, lines 51-57, each truck having eight wheels and two of them being side wheels), sans any up-stop wheels.
Regarding claim 12, Bulloch teaches the exercise and training apparatus of claim 1, wherein each track section 1,1’ is linear and the track sections diverge at an orthogonal angle (i.e., at an 90 degree angle).
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.
Claims 4, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Bulloch, as applied to claim 1 above, in view of Little (US Pat. No. 5,520,598, May 28, 1996).
Bulloch teaches the invention as substantially claimed.
Regarding claim 4, Bulloch teaches he exercise and training apparatus of claim 1, wherein the first longitudinal ends of the track sections 1,1’ converge at a junction 19 (see Bulloch, Fig. 2 above)
Bulloch is silent in teaching the apparatus further comprises an upright stanchion removably secured to the apparatus proximate the junction.
Little, however, in an analogous art teaches an upright stanchion 204 removably secured to the apparatus proximate a junction between left and right leg track sections 340 (see Fig. 1 below, and col. 2, lines 39-45)
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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 device of Bulloch to include an upright stanchion 204 removably secured to the apparatus proximate a junction 19 as taught by Little in order to provide a removable handle support for using during exercise (and col. 2, lines 39-45)
Regarding claim 8, Bulloch is silent in teaching the exercise and training apparatus of claim 1, wherein the right side wheel assembly and the left side wheel assembly each include pulley wheels having peripheral grooves configured and arranged to accommodate the right side and left side rails 7,7’ within the peripheral grooves respectively.
Little, however, in an analogous art teaches pulley wheels 348 (see Fig. 3 below) having peripheral grooves (see Fig. 3 below, the grooves depicted with curved rails 332,330 therebetween) configured and arranged to accommodate the right side and left side rails 330,332 within the peripheral grooves respectively
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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 device of Bulloch such that the right side wheel assembly and the left side wheel assembly 11,9 each include pulley wheels having peripheral grooves configured and arranged to accommodate the right side and left side rails 7,7’ within the peripheral grooves as taught by Little respectively in order to substitute one known wheel for another in order to better secure the trucks to the track sections 1,1’ as the trucks move along the rails.
Regarding claim 10, Bulloch as modified by Little teaches the exercise and training apparatus of claim 8, wherein at least the side friction wheels are pulley wheels (i.e., where the side wheels of Bulloch are modified to be the pulley wheels of Little).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bulloch, as applied to claim 1 above, in view of PowerSkater Crossunder (NPL, published Aug. 25, 2023).
PowerSkater Crossunder was cited in the IDS filed on 09/25/2025.
Regarding claim 5, Bulloch is silent in explicitly teaching the exercise and training apparatus of claim 1 further comprising a static platform releasably engageable with a side of one of the track sections 1,1’ for selective fixation of the static platform to the track section 1,1’ at a desired longitudinal location for designating a static foot placement position projecting laterally aside the track section 1,1’ for performing a cross-under training exercise.
PowerSkater Crossunder, however, teaches a static platform (see Fig. below, double crossunder attachment accessory) releasably engageable with a side of one of the track sections for selective fixation of the static platform to the track section at a desired longitudinal location for designating a static foot placement position projecting laterally aside the track section for performing a cross-under training exercise
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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 device of Bulloch to include a static platform releasably engageable with a side of one of the track sections for selective fixation of the static platform to the track section 1,1’ at a desired longitudinal location for designating a static foot placement position projecting laterally aside the track section 1,1’ for performing a cross-under training exercise as taught by PowerSkater in order to perform various legwork training exercises as trucks move along the track sections 1,1’.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bulloch, as applied to claim 1 above.
Bulloch teaches the invention as substantially claimed.
Regarding claim 11, Bulloch generally teaches the track section 1,1’ having a length for a user to slide legs thereon, but is silent in explicitly teaching wherein each track section 1,1’ has a longitudinal length of 3 to 8 ft.
However, where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05).
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 device of Bulloch wherein each track section 1,1’ has a longitudinal length of 3 to 8 ft by routine experimentation in order to set a desired length for a user’s legs to slide on based the user’s stride length. Furthermore, a longitudinal length of 3 to 8 ft lacks criticality because Applicant discloses that other lengths can be used such as between 5 to 8 feet (see Applicant’s para. [0091]).
Claims 13-15 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Bulloch (US Pat. No. 6,042,511, Mar. 28, 2000) in view of McCormack (US Pat. No. 4,781,372, Nov. 1, 1988)
Regarding claim 13, as broadly interpreted, Bulloch teaches an exercise and training apparatus, comprising: (a) a pair of interconnected track sections 1,1’ (see Fig. 1-2) each having first and second longitudinal ends (see Fig. 2 above, each track section 1,1’ having an end), right and left laterally spaced sides 21 (see Fig. 4 below) interconnected and extending upward from one or more cross members 25, the track sections 1,1’ extending at a divergent angle relative to each other from the first longitudinal ends (i.e., orthogonal), (b) a pair of trucks (i.e., structure including platform 2,2’ and wheels, shown in Figs. 2 above and 4 below), each engageable with the right and left rails 7,7’ on an associated one of the pair of track sections 1,1’ for longitudinal reciprocating travel along the associated track section 1,1’, with each truck including at least a right side wheel assembly (i.e., assembly including wheel 11, see Fig. 4 below), a left side wheel assembly (i.e., assembly including wheel 9, see Fig. 4 below), and a foot platform 2,2’ (see Fig. 2 above) for supporting a foot of an exerciser atop the right and left wheel assemblies 11,9, and (d) a latching mechanism 3 (see col. 3, line 51 – col. 4, line 15) operable for automatically and repetitively effecting alternating latching of a released truck and releasing of a latched truck as the released truck arrives at an exchange point along the longitudinal length of the associated track section.
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Bulloch is silent in explicitly teaching an upwardly open T-slot extending along the longitudinal length of the track section intermediate the right and left sides 21 of the track section upward from the one or more cross members 25.
McCormack, however, in an analogous art teaches left and right track sections 10 open having a T-slot extending along the longitudinal length of the track section intermediate the right and left sides of the track section upward from the one or more cross members 20 (see Fig. 1 and 2 below, the T-slot being an inverted T between left and right sides of the track section 10).
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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 device of Bulloch such that track sections 1,1’ have an open T-slot extending along the longitudinal length of the track section intermediate the right and left sides 21 of the track section upward from the one or more cross members 25 as taught by McCormack in order to better secure and move the foot platforms along the track sections 1,1’.
Regarding claim 14, Bulloch teaches the exercise and training apparatus of claim 13, further comprising a means for biasing (i.e., elastic cable 14 or bungee cord, see Fig. 2 above, and col. 4, lines 22-32) each truck towards the first longitudinal end of the associated track section.
Regarding claim 15, Bulloch teaches the exercise and training apparatus of claim 13, further comprising a pair of elastic cords 14 (see Fig. 2 above, and col. 4, lines 22-32), each in operable communication with an associated one of the trucks for biasing the associated truck towards the first longitudinal end of the associated track and providing resistance against longitudinal travel of the associated truck along the associated track section away from the first end.
Regarding claim 18, Bulloch teaches the exercise and training apparatus of claim 13 further comprising a heel locator (i.e., upright structures against which a user’s feet can abut, see col. 3, lines 36-43) projecting upward from each foot platform for providing a tactile indication of proper foot placement on the foot platform.
Regarding claim 19, Bulloch teaches the exercise and training apparatus of claim 18 wherein the heel locator further provides physical guidance into proper foot placement on the foot platform and an upward projecting heel-engaging stop surface (i.e., upright structures against which a user’s feet can abut, see col. 3, lines 36-43).
Regarding claim 20, Bulloch generally teaches the track section 1,1’ having a length for a user to slide legs thereon, but is silent in explicitly teaching wherein each track section 1,1’ has a longitudinal length of 3 to 8 ft.
However, where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05).
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 device of Bulloch wherein each track section 1,1’ has a longitudinal length of 3 to 8 ft by routine experimentation in order to set a desired length for a user’s legs to slide on based the user’s stride length. Furthermore, a longitudinal length of 3 to 8 ft lacks criticality because Applicant discloses that other lengths can be used such as between 5 to 8 feet (see Applicant’s para. [0091]).
Regarding claim 21, Bulloch teaches the exercise and training apparatus of claim 13, wherein each track section 1,1’ is linear and the track sections diverge at an orthogonal angle (i.e., at an 90 degree angle).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Bulloch in view of McCormack, as applied to claim 13 above, further in view of Little (US Pat. No. 5,520,598, May 28, 1996).
Bulloch teaches the invention as substantially claimed.
Regarding claim 16, Bulloch teaches the exercise and training apparatus of claim 13, wherein the first longitudinal ends of the track sections 1,1’ converge at a junction 19 (see Bulloch, Fig. 2 above)
Bulloch is silent in teaching the apparatus further comprises an upright stanchion removably secured to the apparatus proximate the junction.
Little, however, in an analogous art teaches an upright stanchion 204 removably secured to the apparatus proximate a junction between left and right leg track sections 340 (see Fig. 1, and col. 2, lines 39-45)
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 device of Bulloch to include an upright stanchion 204 removably secured to the apparatus proximate a junction 19 as taught by Little in order to provide a removable handle support for using during exercise (and col. 2, lines 39-45)
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Bulloch in view of McCormack, as applied to claim 13 above, further in view of PowerSkater Crossunder (NPL, published Aug. 25, 2023).
PowerSkater was cited in the IDS filed on 09/25/2025.
Regarding claim 17, Bulloch is silent in explicitly teaching the exercise and training apparatus of claim 13 further comprising a static platform releasably engageable with a side of one of the track sections 1,1’ for selective fixation of the static platform to the track section 1,1’ at a desired longitudinal location for designating a static foot placement position projecting laterally aside the track section 1,1’ for performing a cross-under training exercise.
PowerSkater Crossunder, however, teaches a static platform (see Fig. above, double crossunder attachment accessory) releasably engageable with a side of one of the track sections for selective fixation of the static platform to the track section at a desired longitudinal location for designating a static foot placement position projecting laterally aside the track section for performing a cross-under training exercise
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 device of Bulloch to include a static platform releasably engageable with a side of one of the track sections for selective fixation of the static platform to the track section 1,1’ at a desired longitudinal location for designating a static foot placement position projecting laterally aside the track section 1,1’ for performing a cross-under training exercise as taught by PowerSkater in order to perform various legwork training exercises as trucks move along the track sections 1,1’.
Claims 31-33 and 36-40 are rejected under 35 U.S.C. 103 as being unpatentable over Bulloch (US Pat. No. 6,042,511, Mar. 28, 2000) in view of Craig (US Pat. No. 10,471,322, Nov. 12, 2019)
Regarding claim 31, Bulloch teaches an exercise and training apparatus, comprising: (a) a pair of interconnected track sections 1,1’ (see Fig. 1-2) cooperatively defining a medial plane and each having first and second longitudinal ends (see Fig. 2 below, each track section 1,1’ having an end), right and left laterally spaced sides 7,7’ (see Fig. 2 above) and extending at a divergent angle relative to each other from the first longitudinal ends, (b) a pair of trucks (i.e., structure including platform 2,2’ and wheels, shown in Figs. 2 and 4 below), each engageable with the right and left rails 7,7’ on an associated one of the pair of track sections 1,1’ for longitudinal reciprocating travel along the associated track section 1,1’, with each truck including at least a right side wheel assembly (i.e., assembly including wheel 11, see Fig. 4 below), a left side wheel assembly (i.e., assembly including wheel 9, see Fig. 4 below), and a foot platform 2,2’ (see Fig. 2 below) for supporting a foot of an exerciser atop the right and left wheel assemblies 11,9, and (d) a latching mechanism 3 (see col. 3, line 51 – col. 4, line 15) operable for automatically and repetitively effecting alternating latching of a released truck and releasing of a latched truck as the released truck arrives at an exchange point along the longitudinal length of the associated track section.
Bulloch is silent in explicitly teaching (c) a pair of raised platforms, each secured atop a respective foot platform 22 and having an uppermost supporting surface having a downward lateral angle towards the medial plane defined by the interconnected track sections for supporting the foot of an exerciser at an everted angle.
Craig, however, in an analogous art teaches a pair of raised platforms 204 (see Figs. 11A-11B, and 19A below), each secured atop a respective slidable foot platform 2026 and having an uppermost supporting surface having a downward lateral angle towards a medial plane defined by an interconnected track section for supporting the foot of an exerciser at an everted angle (see Figs. 11A-11B, and 19A below, and col. 6, lines 46-65, the raised platform 204 being angled towards a medial plane of a track section).
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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 device of Bulloch to include a pair of raised platforms 204 (see Figs. 11A-11B, and 19A below), each secured atop a respective slidable foot platform 22 and having an uppermost supporting surface having a downward lateral angle towards a medial plane defined by an interconnected track section 1,1’ as taught by Craig in order to promote specific foot movements or positioning. (see col. 6, lines 46-65)
Regarding claim 32, Bulloch teaches the exercise and training apparatus of claim 31, further comprising a means for biasing (i.e., elastic cable 14 or bungee cord, see Fig. 2 above, and col. 4, lines 22-32) each truck towards the first longitudinal end of the associated track section.
Regarding claim 33, Bulloch teaches the exercise and training apparatus of claim 31, further comprising a pair of elastic cords 14 (see Fig. 2 above, and col. 4, lines 22-32), each in operable communication with an associated one of the trucks for biasing the associated truck towards the first longitudinal end of the associated track and providing resistance against longitudinal travel of the associated truck along the associated track section away from the first end.
Regarding claim 36, Bulloch teaches the exercise and training apparatus of claim 31 further comprising a heel locator (i.e., upright structures against which a user’s feet can abut, see col. 3, lines 36-43) projecting upward from each foot platform for providing a tactile indication of proper foot placement on the foot platform.
Regarding claim 37, Bulloch teaches the exercise and training apparatus of claim 36 wherein the heel locator further provides physical guidance into proper foot placement on the foot platform and an upward projecting heel-engaging stop surface (i.e., upright structures against which a user’s feet can abut, see col. 3, lines 36-43).
Regarding claim 38, Bulloch as modified by Craig teaches the exercise and training apparatus of claim 31, wherein each raised platform 204 is selectively attachable (see Craig, col. 6, lines 46-65) and detachable to the foot platform 22 prior to each workout on the apparatus.
Regarding claim 39, Bulloch generally teaches the track section 1,1’ having a length for a user to slide legs thereon, but is silent in explicitly teaching wherein each track section 1,1’ has a longitudinal length of 3 to 8 ft.
However, where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05).
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 device of Bulloch wherein each track section 1,1’ has a longitudinal length of 3 to 8 ft by routine experimentation in order to set a desired length for a user’s legs to slide on based the user’s stride length. Furthermore, a longitudinal length of 3 to 8 ft lacks criticality because Applicant discloses that other lengths can be used such as between 5 to 8 feet (see Applicant’s para. [0091]).
Regarding claim 40, Bulloch teaches the exercise and training apparatus of claim 31, wherein each track section 1,1’ is linear and the track sections diverge at an orthogonal angle (i.e., at an 90 degree angle).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Bulloch in view of Craig, as applied to claim 31 above, further in view of Little (US Pat. No. 5,520,598, May 28, 1996).
Bulloch teaches the invention as substantially claimed.
Regarding claim 34, Bulloch teaches he exercise and training apparatus of claim 31, wherein the first longitudinal ends of the track sections 1,1’ converge at a junction 19 (see Bulloch, Fig. 2 above)
Bulloch is silent in teaching the apparatus further comprises an upright stanchion removably secured to the apparatus proximate the junction.
Little, however, in an analogous art teaches an upright stanchion 204 removably secured to the apparatus proximate a junction between left and right leg track sections 340 (see Fig. 1, and col. 2, lines 39-45)
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 device of Bulloch to include an upright stanchion 204 removably secured to the apparatus proximate a junction 19 as taught by Little in order to provide a removable handle support for using during exercise (and col. 2, lines 39-45)
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Bulloch in view of Craig, as applied to claim 31 above, further in view of PowerSkater Crossunder (NPL, published Aug. 25, 2023).
PowerSkater was cited in the IDS filed on 09/25/2025.
Regarding claim 35, Bulloch is silent in explicitly teaching the exercise and training apparatus of claim 31 further comprising a static platform releasably engageable with a side of one of the track sections 1,1’ for selective fixation of the static platform to the track section 1,1’ at a desired longitudinal location for designating a static foot placement position projecting laterally aside the track section 1,1’ for performing a cross-under training exercise.
PowerSkater Crossunder, however, teaches a static platform (see Fig. above, double crossunder attachment accessory) releasably engageable with a side of one of the track sections for selective fixation of the static platform to the track section at a desired longitudinal location for designating a static foot placement position projecting laterally aside the track section for performing a cross-under training exercise
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 device of Bulloch to include a static platform releasably engageable with a side of one of the track sections for selective fixation of the static platform to the track section 1,1’ at a desired longitudinal location for designating a static foot placement position projecting laterally aside the track section 1,1’ for performing a cross-under training exercise as taught by PowerSkater in order to perform various legwork training exercises as trucks move along the track sections 1,1’.
Allowable Subject Matter
Claim 22-30 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 22, none of the prior art either alone or in combination teach or suggest an exercise and training apparatus, comprising: (a) a pair of interconnected track sections each having first and second longitudinal ends, right and left laterally spaced sides, an upwardly open slot extending along the longitudinal length of the track section laterally outside each of the right and left sides of the track section, and extending at a divergent angle relative to each other from the first longitudinal ends, (b) a pair of trucks, each engageable with the right and left rails on an associated one of the pair of track sections for longitudinal reciprocating travel along the associated track section, with each truck including at least a right side wheel assembly, a left side wheel assembly, and a foot platform for supporting a foot of an exerciser atop the right and left wheel assemblies, and (c) a latching mechanism operable for automatically and repetitively effecting alternating latching of a released truck and releasing of a latched truck as the released truck arrives at an exchange point along the longitudinal length of the associated track section.
Claims 23-30 depend either directly or indirectly from claim 22.
Conclusion
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/ANDREW S LO/Primary Examiner, Art Unit 3784
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