Prosecution Insights
Last updated: May 29, 2026
Application No. 18/905,291

MUSCLE TRAINING DEVICE

Non-Final OA §102
Filed
Oct 03, 2024
Priority
Apr 11, 2022 — JP 2022-065325 +1 more
Examiner
KENNEDY, JOSHUA T
Art Unit
3784
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Asahi Intecc Co., Ltd.
OA Round
1 (Non-Final)
51%
Grant Probability
Moderate
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
697 granted / 1361 resolved
-18.8% vs TC avg
Strong +48% interview lift
Without
With
+48.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
41 currently pending
Career history
1396
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
69.5%
+29.5% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1361 resolved cases

Office Action

§102
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 . Claims 1-7 have been examined. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ihli et al (US Patent 8,465,401). 1. Ihli et al disclose a muscle training device comprising: a flat plate (210) for a user to board; and a main body (600) that is attachable to, and detachable from, the flat plate (Col 3, Lines 19-40); wherein: the main body includes a base portion (692), an elastic body (690) provided on the base portion, and a string (620) having a first end portion connected to the elastic body, and a second end portion positioned on a side opposite to the first end portion, and the elastic body is configured to apply, to the string, an elastic force that acts against a tensile force when the second end portion is pulled (Col 5, Line 58- Col 6, Line 3). 2. Ihli et al disclose the muscle training device according to claim 1, wherein the main body includes two main bodies (600; Fig 1), the flat plate includes a side portion extending in a direction between two end portions (Fig 1), and the two main bodies are attachable to, and detachable from, the two end portions of the side portion (Col 5, Line 58- Col 6, Line 3), respectively, and a region of the flat plate other than the two end portions of the side portion is configured as a boarding region (210) on which the user can board. 3. Ihli et al disclose the muscle training device according to claim 1, wherein the flat plate (210) includes an attachment portion (260) to which the main body is attachable, the attachment portion includes a first plate arranged such that a gap is formed between the first plate and a surface of the flat plate (See Examiner's Figure below), the main body includes a second plate that is provided on a side of an outer surface of the base portion with a gap formed between the second plate and the outer surface (See Examiner's Figure below), and when the main body is slid with respect to the attachment portion of the flat plate, the second plate of the main body is configured to enter into the gap between the first plate and the surface of the flat plate to restrict separation of the main body from the attachment portion (Col 3, Lines 19-40). Examiner’s Figure [AltContent: textbox (2nd Plate / Gap)][AltContent: textbox (Outer Surface)][AltContent: ][AltContent: textbox (Flat Plate)][AltContent: textbox (Gap)] PNG media_image1.png 261 285 media_image1.png Greyscale PNG media_image2.png 506 371 media_image2.png Greyscale 4. Ihli et al disclose the muscle training device according to claim 3, wherein the main body is configured to rotate with respect to the attachment portion so that the second plate of the main body enters into the gap between the first plate and the surface of the flat plate (Col 3, Lines 19-40). 5. Ihli et al disclose a muscle training device comprising: a base portion (692); two elastic bodies (690) provided on the base portion; and a string (620) having a first end portion attached to one of the two elastic bodies, and a second end portion positioned on a side opposite to the first end portion; wherein the two elastic bodies are configured to apply, to the string, an elastic force that acts against a tensile force when the second end portion is pulled (Col 5, Line 58- Col 6, Line 3). Allowable Subject Matter Claims 6-7 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Paz Domante et al, Akeel et al, Mandel, and Krull et al all disclose similar muscle training devices with a cable wound around a reel and having a resistance associated therewith. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST. 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 at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 4/28/2026
Read full office action

Prosecution Timeline

Oct 03, 2024
Application Filed
Nov 20, 2024
Response after Non-Final Action
May 07, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12636539
WEARABLE FITNESS APPARATUS USING ELASTIC CABLE
2y 4m to grant Granted May 26, 2026
Patent 12636546
PERTUBATION DEVICE FOR PROPIOCEPTION AND VESTIBULAR TRAINING
2y 0m to grant Granted May 26, 2026
Patent 12623109
DROP SET MODE FOR DIGITAL EXERCISE DEVICE
1y 4m to grant Granted May 12, 2026
Patent 12616871
ABDOMINAL CORE AND PLANK EXERCISE APPARATUS
3y 7m to grant Granted May 05, 2026
Patent 12611570
EXERCISE METHOD AND DEVICE
2y 0m to grant Granted Apr 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
51%
Grant Probability
99%
With Interview (+48.3%)
2y 7m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1361 resolved cases by this examiner. Grant probability derived from career allowance rate.

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