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 1-20, as filed on 10/16/2024, are currently pending and considered below.
Claim Objections
Claims listed below are objected to because of the following informalities (appropriate correction is required):
Claim 16, line 7: remove second “and”.
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 1-10, 13-14, 16-20 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 12502571 B2 (Allen et al; henceforth Allen).
Regarding Independent Claim 1, Allen discloses a dumbbell extension weight sleeve device (“weightlifting plates for use with barbells and dumbbells” Col. 1, lines 23-25) comprising: a body (open ring outer bag 2 with segment bags 4) configured to attach to the head of a dumbbell (weight plate 14; “weightlifting plates for use with barbells and dumbbells” Col. 1, lines 23-25); a pocket disposed on the body (linear opening 52 with zipper 54, Figure 3).
Regarding Claim 2, Allen further discloses the dumbbell extension weight sleeve device of claim 1, wherein the body is comprised of a first fastener (hook fastener strip 56) and a second fastener (loop fastener strip 75).
Regarding Claim 3, Allen further discloses the dumbbell extension weight sleeve device of claim 2, wherein the first fastener and the second fastener are comprised of a pair of reciprocating fasteners (hook and loop fasteners of strips 56, 75 are configured to connect).
Regarding Claim 4, Allen further discloses the dumbbell extension weight sleeve device of claim 3, wherein the first fastener is comprised of a hook fastener (hook fastener strip 56).
Regarding Claim 5, Allen further discloses the dumbbell extension weight sleeve device of claim 3, wherein the second fastener is comprised of a loop fastener (loop fastener strip 75).
Regarding Claim 6, Allen further discloses the dumbbell extension weight sleeve device of claim 1, wherein the body is comprised of a fabric material (“thick denier polymer fabric” Col. 4, lines 6-7).
Regarding Independent Claim 7, Allen discloses a dumbbell extension weight sleeve device (“weightlifting plates for use with barbells and dumbbells” Col. 1, lines 23-25) comprising:
a body (open ring outer bag 2 with segment bags 4) configured to attach to the head of a dumbbell (weight plate 14); a pocket disposed on the body (segment bag 4);
and a weight positioned within the pocket (paver sand 12).
Regarding Claim 8, Allen further discloses the dumbbell extension weight sleeve device of claim 7, wherein the pocket is comprised of a fastener (hook and loop fastener strips 96 and 97).
Regarding Claim 9, Allen further discloses the dumbbell extension weight sleeve device of claim 8, wherein the fastener is a hook and loop fastener (hook and loop fastener strips 96, 97).
Regarding Claim 10, Allen further discloses the dumbbell extension weight sleeve device of claim 7, wherein the weight is comprised of a metal weight (“steel shot”; “sand, steel shot or other filler” Abstract).
Regarding Claim 13, Allen further discloses the dumbbell extension weight sleeve device of claim 7, comprised of an indicia (color strips 10; color is indicia).
Regarding Claim 14, Allen further discloses the dumbbell extension weight sleeve device of claim 7, wherein the weight is comprised of a sand-filled weight (paver sand 12).
Regarding Claim 16, Allen discloses a method of using a dumbbell extension weight sleeve device (“weightlifting plates for use with barbells and dumbbells” Col. 1, lines 23-25), the method comprising:
providing a dumbbell extension weight sleeve device comprised of a body (open ring outer bag 2) comprised of a pocket (segment bags 4) and a weight (paver sand 12);
securing the body to a dumbbell head of a dumbbell (weight plate 14; “for use with barbells and dumbbells” Col. 1, lines 23-25) using a first fastener (bar collar 6) of the dumbbell extension weight sleeve device (“The bar collar 6 is removed from the bag 2 and inserted into the central collar tunnel 28 formed at the center of the outer bag 2, between its two planar sides such that its tab 13 passes through the slot 32 in the central tunnel 26. With the tab 30 facing inward, a bar collar tie 8 is placed around the inside perimeter of the tunnel 28, passing through the opening 62 under the securement tab 13, and locked into place to prevent the collar 6 from sliding out of the tunnel 28.” Col. 5, lines 15-26);
inserting the weight into the pocket (“Upon removal of the inner segment bags 4, the outer seal and inner seals are opened. A premeasured amount of dense filler material (preferably a paver sand commonly available at any building material supply store) is added into at least some of the bags” Col. 5, lines 27-30);
and performing an exercise with the dumbbell (“for sit-ups, twists, presses, curls, extensions and similar exercises” Col. 2, lines 23-24).
Regarding Claim 17, Allen further discloses the method of using a dumbbell extension weight sleeve device of claim 16, wherein the weight is comprised of a metal weight (“steel shot”; “sand, steel shot or other filler” Abstract).
Regarding Claim 18, Allen further discloses the method of using a dumbbell extension weight sleeve device of claim 16, wherein the weight is comprised of a substance-filled weight (paver sand 12).
Regarding Claim 19, Allen further discloses the method of using a dumbbell extension weight sleeve device of claim 16, wherein the dumbbell extension weight sleeve device is comprised of a second fastener (bar collar tie 8).
Regarding Claim 20, Allen further discloses the method of using a dumbbell extension weight sleeve device of claim 19, wherein the second fastener and the first fastener are comprised of a pair of reciprocating fasteners (“hook and loop strips and the like” Col. 5, lines 3-4).
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 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US 12502571 B2 (Allen et al; henceforth Allen) in view of US 20220184447 A1 (Ross).
Regarding Claim 11, Allen discloses the invention as substantially claimed, see above. Allen further discloses that alternative filler weights are usable with the device (“sand, steel shot or other filler” Abstract), wherein the bags are sealable to prevent leakage (“a triple, or quadruple seal to prevent the leakage of filler material” Col. 6, lines 48-50). Allen does not disclose the weight is comprised of a plastic weight.
Ross teaches an analogous exercise device in the same field of endeavor comprising:
a weight sleeve device (fabric wrap 101) comprising: a weight (plastic packets 123 of loose material) positioned within a pocket (stitched cells 103A); wherein the weight is comprised of a plastic weight (plastic packets 123).
It would have been obvious for one skilled in the art at the time of filing to modify the weight material to be plastic packets as taught by Ross in order to provide a lighter material.
Regarding Claim 15, Allen discloses the invention as substantially claimed, see above. Allen does not disclose the body is comprised of a rubber material.
Ross teaches an analogous exercise device in the same field of endeavor comprising:
a body (fabric wrap formed of panels 117) comprised of a rubber material (“thermoplastic polyolefin (TPO) laminated with polyester/nylon, non-slip treated rubber, non-slip-treated vinyl, and the like” Paragraph 41).
It would have been obvious for one skilled in the art at the time of filing to modify the body to be comprised of non-slip treaded rubber, as taught by Ross, in order to provide a body structure that is non-skid and slip resistant.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US 12502571 B2 (Allen et al; henceforth Allen) in view of US 20090203506 A1 (Kessler).
Regarding Claim 12, Allen discloses the invention as substantially claimed, see above. Allen further discloses that alternative filler weights are usable with the device (“sand, steel shot or other filler” Abstract), wherein the bags are sealable to prevent leakage (“a triple, or quadruple seal to prevent the leakage of filler material” Col. 6, lines 48-50). Allen does not disclose the weight is comprised of a water filled weight.
Kessler teaches an analogous exercise device in the same field of endeavor comprising:
a weight sleeve device (dumbbell 10) comprising: a weight (“water or sand” Paragraph 23) positioned within a pocket (weight member 11); wherein the weight is comprised of a water filled weight (“water or sand” Paragraph 23).
It would have been obvious for one skilled in the art at the time of filing to modify the sand filling to be a water filling, as taught by Kessler, in order to fully utilize the sizing within the pocket.
Conclusion
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/ZACHARY T MOORE/Examiner, Art Unit 3784