DETAILED ACTION
This is the first Office Action on the merits based on the 18/912,013 application filed on 10/10/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-17, as originally filed, are currently pending and considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/10/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.84(b)(1). If the invention can be drawn or illustrated then a drawing is required in lieu of black and white photorealistic images. All details in the black and white photorealistic images are not clear. Therefore, black and white line drawings are required in place of the black and white photorealistic images in Figures 1-21. No new matter should be entered.
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.
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 1-17 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 1 recites the limitation “motor system” in line 2. The limitation renders the claim indefinite because it is unclear if the “motor system” is the same as the structure “motor gear system” of line 1. Claims 2-17 are rejected as being dependent off of rejected claim 1.
Claim 1 recites the limitation “a resistance training machine” in line 3. The limitation renders the claim indefinite because it is unclear if the “a resistance training machine” is the same as the structure “a resistance training machine” of line 1.
Claim 6 recites the limitation “about” in lines 1 and 2. The limitation renders the claim indefinite because the term “about” creates ambiguity as it does not define a precise numerical limit.
Claim 10 recites the limitation “about” in lines 1 and 2. The limitation renders the claim indefinite because the term “about” creates ambiguity as it does not define a precise numerical limit.
Claim 14 recites the limitation “about” in lines 1 and 2. The limitation renders the claim indefinite because the term “about” creates ambiguity as it does not define a precise numerical limit.
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 (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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, and 4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by He (US Patent No. 12,048,859; FD: 09/28/2023).
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Regarding claim 1, He discloses a motor gear system (First connecting mechanism 200 and resistance module 500; Figures 1B and 7) for a resistance training machine (Resistance module 600; Figure 6), comprising: an actuator (Connecting shaft 531; Figure 8; i.e., a user can actuate the connecting shaft 531 to connect with the positioning shaft 601 and sleeve 602) operably coupled to a motor system (Motor assembly 521; Figure 8), wherein the motor system is operatable to provide resistance in a resistance training machine (i.e., the motor system/motor assembly 521 applies a resistance through the connecting shaft 531 and positioning shaft 601 and shaft teeth sleeve 602 to the resistance module 500); the actuator shifts the motor system from a lower gear (Gear annotated in Figure 10A; i.e., a lower gear ratio without the resistance device 500) to a higher gear (Gear annotated in Figure 10A above; i.e., a higher gear ratio with the resistance device 500 connected) in a first actuator position (i.e., the first position is when the connecting shaft 531 connects with the positioning shaft 601 and shaft teeth sleeve 602), and the actuator shifts the motor system from the higher gear to the lower gear in a second actuator position (i.e., the second position is when the connecting shaft 531 is unconnected with the positioning shaft 601 and shaft teeth sleeve 602); wherein the higher gear includes a plurality of female engagement points (i.e., see annotated Figure 10A above) for the actuator, and the actuator includes a plurality of male engagement points (i.e., see annotated Figure 10A above) for the higher gear, such that the plurality of male engagement points lock into the plurality of female engagement points as to lock the actuator in the first actuator position and the higher gear (i.e. a user may actuate the shaft 531 to connect to the shaft 602), and preventing a failed shift of the actuator from the lower gear to the higher gear if the plurality of male engagement points do not lock into the plurality of female engagement points (i.e., the engagement points provide for proper linkage of the resistance modules), then the actuator rotates at least one degree as to lock the plurality of male engagement points into the plurality of female engagement points (i.e., the actuator/shaft 531 can rotate certain amount to allow for the male and female engagement points to connect with one another).
Regarding claim 2, He discloses the plurality of female engagement points and
the plurality of male engagement points are between about 3 and 42 (i.e., there are about 8 female and male engagements seen in Figures 1A and 7).
Regarding claim 4, He discloses the plurality of female engagement points and the plurality of male engagement points include a circular configuration (i.e., the points are arranged in a circular configuration as seen in Figures 1A and 7).
Allowable Subject Matter
Claims 3 and 5-8 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The prior art of record He (US Patent No. 12,048,859; FD: 09/28/2023), Orady (US Patent No. 10,617,903; DP: 04/14/2020), McNally (US Patent Pub. No. 2022/0118304; PD: 04/21/2022), Mooney (US Patent Pub. No. 2025/0352840; PD: 11/20/2025), and Kao (US Patent No. 2022/0062691; PD: 03/03/2022) has been considered.
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McNally discloses a motor gear system (See Figure 12H above) for a resistance training machine (Trainer seen in Figure 1C), comprising: an actuator (Shaft 210; Figure 10) operably coupled to a motor system (Motor 100; Figure 1D), wherein the motor system is operatable to provide resistance in a resistance training machine (Trainer seen in Figure 1C); the actuator shifts the motor system from a lower gear to a higher gear in a first actuator position, and the actuator shifts the motor system from the higher gear to the lower gear in a second actuator position; wherein the higher gear includes a plurality of female engagement points for the actuator, and the actuator includes a plurality of male engagement points for the higher gear, such that the plurality of male engagement points lock into the plurality of female engagement points as to lock the actuator in the first actuator position and the higher gear, and preventing a failed shift of the actuator from the lower gear to the higher gear if the plurality of male engagement points do not lock into the plurality of female engagement points, then the actuator rotates at least one degree as to lock the plurality of male engagement points into the plurality of female engagement points.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Notice of References Cited for additional pertinent prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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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 M KOBYLARZ/Examiner, Art Unit 3784