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 .
Status of Claims
Claims 1-9, as filed on 10/11/2024, are currently pending and considered below.
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 1-2, 6, 7, and 9 rejected under 35 U.S.C. 103 as being unpatentable over US 11040238 B2 (Colburn) in view of US 20200289889 A1 (Hacki et al; henceforth Hacki).
Regarding Independent Claim 1, Colburn discloses an electric stepper (exercise apparatus 1), comprising: a chassis (chassis 2); a housing, fixedly arranged on the chassis (chassis housing 52);
wherein a central shaft (axle 4) is horizontally and fixedly arranged in the housing (Fig. 11 shows axle 4 fixed within the chassis 2 in a horizontal arrangement), and each of both ends of the central shaft (left and right ends at first ends 6 of members 5) is arranged with a turntable (Fig. 2: Annotated; said turntables are the circular portions attached to first ends 9 of the pedals)
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two pedals (left and right pedals 15, 16); wherein each pedal is fixedly arranged on a corresponding turntable (via first ends 9 of the pedals 15, 16 attached along an outer edge of the turntables);
an axis of each pedal deviates from an axis of the central shaft (see Figures 1 wherein each of the pedal ends 9 are attached offset from a center of the turntables); and
a transmission mechanism (resistance assembly 30); wherein the transmission mechanism comprises an output shaft (Figure 11: Annotated);
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Figure 11: Annotated
two driving wheels fixedly arranged on the output shaft (Figure 11: annotated; in the form of a large and small pulley), and two driven wheels rotatably arranged on the central shaft (Figure 11: Annotated in the form of a large and small pulley on axle 4); one of the two driven wheels is arranged on one of the both ends of the central shaft (see Figure 11 wherein the large pulley is offset from the center and is located on the left end of the axle 4), and the other of the two driven wheels is arranged on the other of the both ends of the central shaft (see Figure 11 wherein the small pulley with it’s large side structure is offset from the center and on the right end of the axle 4);
each of the two driven wheels is fixedly connected to a corresponding turntable (via axle 4).
Colburn discloses the invention as substantially claimed, see above. Colburn further discloses that the resistance assembly 30 is connected together. Colburn is silent regarding how the pulleys are connected together or what type of resistance the resistance assembly 30. Colburn does not disclose a motor, fixedly arranged in the housing and configured to drive the turntable to rotate; the output shaft fixedly connected to an output end of the motor; and each of the two driving wheels is connected to a corresponding driven wheel in a transmission manner through a belt.
Hacki teaches an analogous stationary exercise bicycle device in the same field of endeavor as Colburn comprising: chassis (bracket housing 800); a housing (cover 601), fixedly arranged on the chassis (cover 601 is fitted around housing 800);
wherein a central shaft (crankshaft 814) is horizontally and fixedly arranged in the housing (see Figures 6 and 8 wherein the crankshaft 814 is horizontal and fixed inside the cover 601 and housing 800), and each of both ends of the central shaft is arranged with a turntable (radial couplings 124; see Figure 6 wherein the couplings 124 are shown as circular discs);
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Figure 6
two pedals (pedals 110); wherein each pedal is fixedly arranged on a corresponding turntable (pedals 110 are fixed to spindle 724 of the respective couplings 124);
an axis of each pedal deviates from an axis of the central shaft (see Figures 1-6 wherein the pedals 110 are offset from the crankshaft 814 located at a center of the couplings 124); and
a motor (electric motor 122), fixedly arranged in the housing (“motor 122 is partially disposed in a crank bracket housing 800” Paragraph 124) and configured to drive the turntable to rotate via a transmission mechanism (belt 808 on pullies 810, 802); wherein the transmission mechanism comprises an output shaft fixedly connected to an output end of the motor (Figure 8: Annotated);
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Figure 8: Annotated
One driving wheels fixedly arranged on the output shaft (pulley 802), and a driven wheel rotatably arranged on the central shaft (pulley 810); the driving wheel is connected to the driven wheel in a transmission manner through a belt (belt 808); wherein the motor has a stop button to start and stop the motor (“a stop button 1608, which may cause the electric motor to lock and stop” Paragraph 133).
It would have been obvious for one skilled in the art at the time of filing to modify the output shaft to include a motor thereon, the motor fixed inside the housing, the motor to include a stop start button, and to modify respective driving and driven wheels to have a belt therebetween connecting the respective driving and drive wheels, as taught by Hacki, in order to allow to provide an electrically controlled resistance and for selective passive assistance, and to connect the respective wheels together with a belt in order for the transmission of forces between the wheels.
Regarding Claim 2, Colburn as modified further discloses the electric stepper according to claim 1, wherein a through hole is defined on each of opposite sides of the housing (Figure 2: annotated; the turntables are shown in Figure 2 to be inserted into the through holes), and two the turntables are respectively rotatably arranged in two the through holes (see Figure 6 wherein the turntables are inserted into the through holes such that they are flush with the sidings of the housing as shown in Figures 3 and 4).
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Figure 2: Annotated
Regarding Claim 6, Colburn as modified further discloses the electric stepper according to claim 1, wherein a central hole extending along an axial direction is defined on the central shaft (see Figure 9 annotated; the central hole is the hole that the bolt is residing in that extends axially into the central shaft).
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Figure 9: Annotated
Regarding Claim 7, Colburn as modified further discloses the electric stepper according to claim 1, wherein each driven wheel is fixedly connected to the corresponding turntable via a connection seat (members 5; the turntables are connected to the driven wheels via the members 5 connected therebetween).
Regarding Claim 9, Colburn as modified further discloses the electric stepper according to claim 1, wherein the housing is further arranged with a button configured to control start and stop of the motor (“a stop button 1608, which may cause the electric motor to lock and stop” Paragraph 133; stop button turns the motor off and on).
Allowable Subject Matter
Claims 3, -5, and 8 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 claim 3, the prior art of record US 11040238 B2 (Colburn) in view of US 20200289889 A1 (Hacki et al; henceforth Hacki) 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:
an edge of an inner hole of the turntable has an inner flange extending peripherally formed by bending towards the central shaft.
The prior art of record teaches wherein the turntable is in an annular shape (see Figure 2 wherein the turntables are circles and therefore annular shaped),
an inner hole of the turntable (hole through the turntables that pivot 10 of the pedals extends through), which are not considered equivalent to applicant’s invention as said edge of the inner hole bends away from the central shaft. It would not have been obvious for one skilled in the art at the time of filing to modify the edge to bend towards the central shaft without causing the turntable to collide with the pedal
Regarding claim 8, the prior art of record US 11040238 B2 (Colburn) in view of US 20200289889 A1 (Hacki et al; henceforth Hacki) 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 an outer wall of the central shaft defines a positioning groove extending peripherally on each of the both ends, and a corresponding driven wheel is rotatably arranged in the positioning groove.
The prior art of record does not disclose a peripheral groove on each end of the central shaft. It would not have been obvious for one skilled in the art at the time of filing to modify the central shaft to have peripheral grooves on each end and the wheel rotatably arranged in the groove without improper hindsight.
Conclusion
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 Monday - Thursday 8:00am - 4:00pm EST.
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/ZACHARY T MOORE/Examiner, Art Unit 3784