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 .
Status of Claims
This is a FINAL Rejection to Amendments and Arguments filed by Applicant on 04/27/2026. Claim 1 has been amended. Claim 5 has been cancelled. Currently pending for review are Claims 1-4.
Response to Amendment
Regarding the Drawing Objections made in the Office Action filed on 01/28/2026. Amendments/Remarks & Arguments filed by Applicant on 04/27/2026 correct the objection/rejection and/or are persuasive. Therefore, the Drawing Objections made in the Office Action filed on 01/28/2026 has been withdrawn unless otherwise indicated below.
Drawings
The drawings are objected to because the drawings introduce new matter of “-15o to 75o”. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 amendment filed on 04/27/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: Paragraph [0010], [0018], & [0023]:” -15o to 75o”.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “an inclined top surface defining -15° of cushion-disposition angle” and “the cushion-disposition angle range is from -15° to 75°.”. Such ranges were not explicitly indicated in the original disclosure and therefore is considered new matter.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowden-Eyre, Thomas (WO 2022194838 A1) in view of LUIS PALACIO (GB 2580965 A) and Teuscher (US 6659923 B2).
Regarding Claim 1, Bowden-Eyre teaches a weight bench for weight training and storing weight training equipment, comprising: a chair body including a backrest 4b and a seat 4a, wherein the backrest has a support 4b and a rotary member X connected to the support 4b, the support is forwardly and backwardly rotatable within a support-disposition angle range by the rotary member X, and the seat 4a is disposed in front of the backrest 4b with a user space formed between the backrest and the seat (Refer to Fig. 1a,1b); a supporting foundation 8 connected to a lower portion of the chair body 4a,b and supporting the chair body, a storing space 10 being formed between the lower portion of the chair body 4b and the outer surface of the supporting foundation 8, wherein the supporting foundation includes a base 8, a supporting member 19 and a fixing member (ratchet lock), the base, the supporting member and the fixing member are connected together (Refer to annotated Fig. 1a Page 8 Line 12-15:” The closure element 16 may be secured by a releasable locking mechanism 19, for example a ratchet mechanism, at one or more intermediate positions so that the user can perform exercises while being supported by the closure element at one or more inclined angles.”),
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the base 8 has an inclined top surface defining -15° of support-disposition angle and a receiving recess formed in the whole inclined top surface along a longitudinal direction of the inclined top surface for receiving the supporting member, one end of the supporting member 19 is connected to the back rest 4b, the supporting member rotates forwardly and backwardly with the cushion, the supporting member is provided along a longitudinal direction of the supporting member (Refer to Fig. 2 Col 7 Lines 28-31:” The closure element 16 may be moved from the closed position to the open position by a user lifting the closure element 16. Typically, the closure element 16 may be pivoted through an angle a from the closed position to the open position, where the angle a is in the range 70-110°, typically about 80-100°.”..The Office takes the position that 110-90 is 20 degrees below the horizontal which means that the angle is from -20-90 degrees within the range so -15-75); and a plurality of storing units 10 disposed on an outer surface of the base 8 (The Office takes the position that the outer surface is cut/open as part of the storage unit) and located in the storing space for storing the weight training equipment 12, wherein when the backrest 4b rotates backwardly to be horizontal to the seat 4a, the support-disposition angle is 0° (Refer to page 8 Lines 1-4:” . Optionally, it may also be possible to lock the closure element 16 in an intermediate position between the closed position and the open position. In the closed position of the closure element 16 illustrated in Figures 2, 3a & 3b the support element 4, 4a, 4b may provide a relatively flat or inclined support in the form of a bench top, allowing a user to perform exercises while lying on the exercise apparatus 2. This may be suitable for exercises such as flat bench presses or lying triceps extensions. In the open position of the closure element 16 illustrated in Figures 1 a & 1 b, the movable support element 4b may provide an upright support or seat back for a user 6, while the fixed support element 4a provides a seat base, allowing a user 6 to perform exercises while seated in a relatively upright position.”); when the backrest further rotates backwardly from horizontal level to the seat 4a, the support-disposition angle is an included angle A between a horizontal extension line extending backwardly from the seat and the cushion, and is a negative angle below the horizontal (Refer to annotated Fig. 2 below Col 7 Lines 28-31:” The closure element 16 may be moved from the closed position to the open position by a user lifting the closure element 16. Typically, the closure element 16 may be pivoted through an angle a from the closed position to the open position, where the angle a is in the range 70-110°, typically about 80-100°.”..The Office takes the position that 110-90 is 20 degrees below the horizontal which means that the angle is from -20-90 degrees within the range so -15-75”);
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when the backrest further rotates forwardly from horizontal level to the seat, the cushion-disposition angle is an included angle between the horizontal extension line backwardly extending backwardly from the seat and the cushion, and is a positive angle; and the support-disposition angle range is from -15° to 75° (Refer to annotated Fig. 2 below Col 7 Lines 28-31:” The closure element 16 may be moved from the closed position to the open position by a user lifting the closure element 16. Typically, the closure element 16 may be pivoted through an angle a from the closed position to the open position, where the angle a is in the range 70-110°, typically about 80-100°.”….Page 8 Lines 1-4:” . Optionally, it may also be possible to lock the closure element 16 in an intermediate position between the closed position and the open position. In the closed position of the closure element 16 illustrated in Figures 2, 3a & 3b the support element 4, 4a, 4b may provide a relatively flat or inclined support in the form of a bench top, allowing a user to perform exercises while lying on the exercise apparatus 2. This may be suitable for exercises such as flat bench presses or lying triceps extensions. In the open position of the closure element 16 illustrated in Figures 1 a & 1 b, the movable support element 4b may provide an upright support or seat back for a user 6, while the fixed support element 4a provides a seat base, allowing a user 6 to perform exercises while seated in a relatively upright position.”). Bowden-Eyre, Thomas teaches a ratchet mechanism but fails to teach the supporting member 19 comprises a plurality of fixing holes arranged corresponding to a plurality of support-disposition angles A within the support-disposition angle range so that the supporting member 19 and the backrest are fixed to a selected support-disposition angle of the plurality of backrest-disposition angle by rotating the backrest about the rotary shaft to the selected cushion-disposition angle and inserting the fixing member into the fixing holes corresponding to the selected support-disposition angle, thereby adjusting the user space, wherein the support is a cushion and cushion-disposition angle. Luis teaches a bench comprising a backrest cushion and a plurality of fixing holes (Refer to annotated Fig. 2 above) arranged corresponding to a plurality of cushion-disposition angles within the cushion-disposition angle range so that the supporting member 20 and the cushion 4b,c are fixed to a selected cushion-disposition angle of the plurality of cushion-disposition angle by rotating the cushion about the rotary member to the selected cushion-disposition angle and inserting the fixing member 22 into the fixing holes corresponding to the selected cushion-disposition angle, thereby adjusting the user space (Refer to Refer to Abstract:” The elongate beam provides a rigid mounting structure for the bench 14, particularly where the second pad of the bench 14 comprises more than one panel”.. Page 4:” The second part of the bench 14 comprises an elongate beam 18 extending along the underside of the second part of the bench 14. The elongate beam 18 comprises a plurality of holes. A curved member 20 connects between the elongate beam 18 and the support structure 12 by way of a quick release fastener 22 at either end. The curved member 20 can be connected to the elongate beam by way of the holes in the elongate beam 18 according to how a user wishes to angle the bench 14. The elongate beam provides a rigid mounting structure for the bench 14, particularly where the second pad of the bench 14 comprises more than one panel.”).
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Luis is from the same field of endeavor as Applicants specifications and therefore it would have been obvious to modify backrest support 4b of Bowden-Eyre to comprise padding to be a cushion since such cushioned benches are known in the art for providing comfort to the user and to modify the ratchet mechanism of the supporting member 19 to comprise a plurality of fixing holes (Refer to annotated Fig. 2 above) arranged corresponding to a plurality of cushion-disposition angles within the cushion-disposition angle range so that the supporting member 20 may be angle adjustable since such locking mechanism for an adjustable backrest is known in the art to be a suitable substitution to produce the same expected results of a ratchet mechanism and therefore does not patentably distinguish the invention over prior arts. Bowden-Eyre is silent regarding the rotating member X being a rotary shaft. Teuscher teaches that rotating shafts 98 for backrest adjustable benches 10 are known in the art for producing expected results as being a suitable hinge member for pivoting and therefore such modification does not patentably distinguish the invention over the prior arts (Refer to Teuscher Fig. 2 Page 5 Lines 10-13:” As best shown in FIGS. 3 and 4, a horizontal shaft 98 extends through the sleeve 60. The plates 96 are mounted to rotate on the horizontal axis provided by the shaft 98, thereby mounting the back 92 and its frame 94 for pivotal movement about the axis of the shaft 98.”). Refer to MPEP 2144.06 Art Recognized Equivalence for the Same Purpose [R-01.2024].
Response to Arguments
Applicant's arguments filed on 04/27/2026 have been fully considered but they are not persuasive. Based on amendments to change the scope of the claims a new rejection has been disclosed above.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NYCA T NGUYEN whose telephone number is (571)272-7168. The examiner can normally be reached Mon-Fri 9:00-5:00.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784
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