DETAILED ACTION
This Office action is in response to applicant’s amendments and arguments filed 06/15/2026.
Status of the Claims
In applicant’s amendments claims 1, 8-9, 14, and 18 were amended. Claims 1-20 are currently pending and considered below. An action on the merits now follows.
Response to Amendment
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rejections under 35 U.S.C. § 112(b) have been obviated in view of applicant’s amendments and arguments, and was/were withdrawn.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 § 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 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 1, 3-5, 10-11, and 13 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 20180361200 A1 (Walker).
Regarding Claim 1, Walker discloses an exercise device (exercise apparatus 10, Figure 1-4) comprising:
a base (Figure 1: Annotated; horizontal posts);
a vertical extension member configured to extend upward from the base (posts 36);
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a vertical sliding member (housing 51) configured to slide along a portion of a length of the vertical extension member (“a user can release lock 34, which preferably holds wheel platform arm 32 in place on center post 36, and raise or lower wheel platform arm 32 to a desired height position” Paragraph 173; housing 51 is the portion of arm 32 linked to the center post 36 allowing for vertical movement);
an arm rotation member (platform arm 32) configured to attach to the vertical sliding member, rotate about a first axis (horizontal x-axis centered through pin hole 48), and be selectively retained in an angular location about the first axis (Figure 2 said arm 32 rotates about the horizontal x-axis and is lockable at respective angles via selection holes 50);
an arm member (elbow cradle attachment 100);
a resistance apparatus (weights 14 with cables 40) configured to: directly attach to the arm rotation member (See Figure 2 wherein cable 40 of the resistance apparatus is directly attached to the arm) and to the arm member at a first end (proximal end) of the arm member (via cables 40 directly at arm pin hole 48);
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Figure 2
and provide resisted rotation of the arm member about a second axis (axis through axle 20, “Referring to FIG. 4, in one embodiment, shoulder rotation exercises are accomplished by utilizing elbow cradle attachment 100” Paragraph 175; said rotation of the attachment 100 provides resistance via cable 40 and weight14);
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Figure 4
and an interfacing member (handle 102) attached toward a second end of the arm member (distal end at axle insert 20) and configured to interface with the body of a user and enable the user to rotate the arm member about the second axis (see Figure 4 wherein the handle 102 is gripped by a user with an arrow showing rotation about the second axis whereby resistance is provided by the connected cable and weight).
Regarding Claim 3, Walker further discloses the exercise device of claim 1 wherein: the vertical sliding member comprises a mounting platform (arm pin hole plate 48), the mounting platform comprising a plurality of recesses (selection holes 50);
and the arm rotation member is attached to the mounting platform (as shown in Figure 2) and comprises an angle selection structure (release pin 46) configured to be positionable within the recesses of the plurality of recesses to selectively retain the arm rotation member in an angular rotation about the first axis (pin 46 is selectably engaged with holes 50 in plate 48 such that the angle of the arm 32 is selectable).
Regarding Claim 4, Walker further discloses the exercise device of claim 3 wherein the recesses of the plurality of recesses are positioned at angular intervals and along an arc (see Figure 2 wherein the holes 50 are configured to follow an arc along an interior of the circular plate 48).
Regarding Claim 5, Walker further discloses the exercise device of claim 3 wherein the angle selection structure comprises:
an aperture (the plate that pin 46 passes through has an aperture such that the handle is on one side of the plate and the pin passes through the opposite side into the pin plate 48) configured to align with the recesses of the plurality of recesses (see Figure 2 wherein the apertures align such that the pin 46 passes through both apertures when aligned);
and an angle selection structure retaining member (pin 46) configured to pass through the aperture and into the recesses of the plurality of recesses (pin 46 is configured to pass through the aperture and respective hole 50 when the hole and apertures are aligned and pin passes therethrough).
Regarding Claim 10, Walker further discloses the exercise device of claim 1 wherein the interfacing member comprises:
an attachment section (hole 110 with pin 107) configured to attach to the arm member (pin 107 passes through hole 110 and locks the attachment 100 to the arm 32);
a body section (attachment 100 with holes 104);
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Figure 14
and one or more interfacing devices (finger handle 1100, Figure 14; “preferable free spinning finger cradle attachment 1100 is attached to elbow cradle attachment 100” Paragraph 185) carried by the body section and configured to interface with the body of the user (finger handle 1100 is configured to interface with the user’s fingers).
Regarding Claim 11, Walker further discloses the exercise device of claim 10 wherein the one or more interfacing devices comprises at least one rotating member (inner housing 1108) configured to rotate while interfaced with the body of the user (via bearings 1102 rotationally within outer housing 1106 when engaged by a user).
Regarding Claim 13, Walker further discloses the exercise device of claim 1 wherein the first axis is perpendicular to the second axis (the first axis is horizontal at all times with the second axis perpendicular to said first axis even when rotating, see Figure 2).
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 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.
Claims 2, 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180361200 A1 (Walker).
Regarding Claim 2, Walker discloses the invention as substantially claimed, see above. Walker does not disclose wherein the arm member is a telescoping arm member operable to extend along a longitudinal axis thereof, the arm member further comprising a tube coupling member operable to secure the arm member at a desired length.
Walker in a second embodiment teaches an analogous arm exercise device comprising:
an interfacing member (pedal 5605) attached toward a second end (distal end) of an arm member (crank 5602) and configured to interface with the body of a user (pedal 5605 is configured to be engaged with a user’s foot);
wherein the arm member is a telescoping arm member operable to extend along a longitudinal axis thereof (“Pedal extension 5603, optionally telescopes into and out of crank 5602” Paragraph 234), the arm member further comprising a tube (pedal extension 5603) coupling member operable to secure the arm member at a desired length (lockable by pedal extension lock 5604).
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It would have been obvious for one skilled in the art at the time of filing to modify the arm to be telescoping with a tube securable at a desired length as taught by Walker in the second embodiment in order to provide adjustability for user’s of different sizes.
Regarding Claim 6, Walker further discloses the exercise device of claim 1 wherein: the vertical extension member comprises:
one track channel extending vertically along the vertical extension member (channel between the posts 36);
and a plurality of apertures (see Figures 1-4 wherein the posts 36 have a plurality of holes along their lengths);
and the vertical sliding member comprises: one attaching member (housing 51) configured to slidably attach the vertical sliding member to the vertical extension members such that the vertical sliding member may translate along the one track channel (housing 51 is configured to slide along post 36 and within the channel to selectable locations along the post 36);
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Figure 8
a position retaining member (cam release lock 34) configured to be selectively retain the vertical sliding member at a vertical position along the vertical extension member (cam lock 34 is configured to hold housing 51 at a selectable height along post 36).
Walker does not disclose a position retaining member configured to be selectively positionable within the plurality of apertures to selectively retain the vertical sliding member at a vertical position along the vertical extension member.
Walker in a second embodiment teaches an analogous exercise device comprising:
A vertical extension member (extension arm 4905) comprises: a plurality of apertures (selector holes 4904); and the vertical sliding member comprises: one or more attaching members (extension arm sleeve 4901) configured to slidably attach the vertical sliding member to the vertical extension members (see Figure 49);
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Figure 49
and a position retaining member (extension lock 4902) configured to be selectively positionable within the plurality of apertures to selectively retain the vertical sliding member at a vertical position along the vertical extension member (extension lock 4902 is configured to selectively engage holes 4904 to select the height of sleeve 2901 relative to post 4905).
It would have been obvious for one skilled in the art at the time of filing to modify the position retaining member to be an extension lock engagable with the apertures along the vertical member, as taught by Walker in the second embodiment, in order to provide physical locking and prevent slippage of the locking mechanism.
Regarding Claim 7, Walker discloses the invention as substantially claimed, see above. Walker does not disclose a housing; and at least one resistance member positioned at least partially within the housing and configured to resist rotation about the second axis in at least one direction.
Walker in a second different embodiment teaches an analogous exercise device comprising:
a housing (resistance apparatus 1200 cover, Figure 16); and at least one resistance member (weight stack shown in Figure 16 within the apparatus 1200 cover) positioned at least partially within the housing (see Figure 16) and configured to resist rotation about the second axis in at least one direction (said weight stack is configured to resist motion).
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Figure 16
It would have been obvious for one skilled in the art at the time of filing to modify the frame to include a housing partially surrounding the resistance member as taught by Walker in the second embodiment in order to prevent unintended interaction with the weight stack while in use.
Allowable Subject Matter
Claims 14-20 are allowed.
Claims 8-9, and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 8 and 18 the prior art of record US 20180361200 A1 (Walker) fails to teach or render obvious the exercise device in combination with all of the elements and structural and functional relationships as claimed and further including:
rotation of the arm member about the second axis causes the housing to rotate about the second axis
The prior art of record teaches the housing as attached to the frame covering the weight stack, which are not considered equivalent to applicant’s invention as it does not move.
It would not have been obvious for one skilled in the art at the time of filing to modify the housing to be attached to the arm such that it rotates as it would not be covering the resistance mechanism, nor would it be obvious to modify the housing to rotated with the arm without breaking the functionality of the device.
Regarding claim 12 the prior art of record US 20180361200 A1 (Walker) fails to teach or render obvious the exercise device in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein the vertical extension member further comprises an attachment structure configured to rotatably attach the vertical extension member to the base such that the vertical extension member is rotatable about a third axis relative to the base.
The prior art of record teaches vertical posts 36 bolted down into a framelike structure intended to stay stationary and prevent unintended motion of the weight stack and cables, which is not equivalent to applicant’s invention. It would not have been obvious for one skilled in the art at the time of filing to modify the vertical posts to rotate relative to the base without breaking the functionality of the device and without improper hindsight.
Regarding Independent Claim 14, the prior art of record US 20180361200 A1 (Walker) fails to teach or render obvious the exercise device in combination with all of the elements and structural and functional relationships as claimed and further including:
a resistance apparatus comprising a spring configured to provide direct rotational resistance to the arm member.
The prior art of record teaches a resistance apparatus (weight stack 14 with cable 12) configured to: attach to the arm rotation member and to the arm member (via the cabling) at a first end of the arm member (proximal internal end of arm 32) which is not equivalent to applicants invention as the weight stack is not a spring and directly providing rotational resistance. It would not have been obvious for one skilled in the art at the time of filing to modify the cable and weight stack to be a spring directly providing the rotational resistance without improper hindsight.
Response to Arguments
Applicant's arguments filed 06/15/2026 have been fully considered but they are not persuasive. Changes to the rejection were necessitated by applicant’s amendments.
Regarding Claim 1 arguments on Page 10-11 applicant is arguing a narrower interpretation than what is claimed. The Resistance apparatus as rejected includes the cable. Applicant argues that the cable should not be included in said apparatus and is fundamentally different providing examples of the difference between applicant’s invention and the prior art of record, none of which is recited in claim 1. Applicant’s claim 1 does not recite what type of resistance or what type of apparatus the resistance apparatus is only that it is directly attached to the arm.
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.
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, 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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