DETAILED ACTION
This is the first Office action on the merits based on the 18/927,606 application filed on 10/25/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The effective filing date of the present application is 10/26/2023. Claims 1-20, as originally filed, are currently pending and considered below.
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 1-9. 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 Objections
Claims 3, 5-7, 15, 16, and 19 are objected to because of the following informalities:
In claim 3, line 2, “comprises of” should be --- comprises ---.
In claim 5, lines 2-3, “configured to allow maneuverability and repositioning a head affixing assembly” should be --- configured to allow maneuverability and repositioning of the head affixing assembly ---.
In claim 6, line 3, “the cervical positioning assembly” should be --- the extendable and articulated cervical positioning assembly ---.
In claim 7, line 3, “a first end” should be --- a first end thereof ---.
In claim 7, line 4, “a second end” should be --- a second end thereof ---.
In claim 15, line 2, “a first end” should be --- a first end thereof ---.
In claim 16, line 2, “a second end” should be --- a second end thereof ---.
In claim 19, line 9, “a first end” should be --- a first end thereof ---.
In claim 19, line 10, “a second end” should be --- a second end thereof ---.
Appropriate correction is required.
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 2, 3, and 12 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.
Regarding claim 2, which depends from claim 1, the following limitations are recited in lines 1-4:
“The multi-axis strengthening system of claim 1, further comprising:
a spinal resistance assembly including at least one resistance component configured to resist rotation about a first axis; and
a device securing assembly configured to physically anchor the device to an anchoring structure.”
The limitations render the claim indefinite because it is unclear whether or not: the spinal resistance assembly is the same as, different from, in addition to, and/or part of “a multi-exercise system” of the multi-axis strengthening system recited in claim 1, line 4; and “the device” recited in claim 2, line 4, is the same as, different from, in addition to, and/or part of the multi-axis strengthening system recited in claim 1, lines 1-4. In addition, there is insufficient antecedent basis for “the device” in these limitations in the claim. Applicant is suggested to amend the limitations to:
--- The multi-axis strengthening system of claim 1, further comprising:
a device securing assembly configured to physically anchor the multi-axis strengthening system to an anchoring structure; wherein
the multi-exercise system comprises a spinal resistance assembly including at least one resistance component configured to resist rotation about a first axis. ---.
Refer to the specification, as originally filed, page 3, first paragraph, lines 1-5.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of its dependency on claim 2, which is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, see above.
Regarding claim 12, which depends from claim 11, the following limitations are recited in 1-5:
“The strengthening device of claim 11, further comprising:
a device chassis;
a resistance mechanism;
a drivetrain; and
an output shaft.”
The limitations render the claim indefinite because it is unclear whether or not “a resistance mechanism” is the same as, different from, in addition to, and/or part of “a multi-exercise system” of the strengthening device recited in claim 11, line 4. Applicant is suggested to amend the limitations to:
--- The strengthening device of claim 11, further comprising:
a device chassis;
a drivetrain; and
an output shaft;
wherein the multi-exercise system comprises a resistance mechanism. ---.
Refer to the specification, as originally filed, page 3, first paragraph, lines 1-5.
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 1-8, 10, 11, and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ajrawat (WO 9415675 A1).
Regarding claim 1, Ajrawat discloses a multi-axis strengthening system (the machine 10; Figure 2) comprising:
an extendable and articulated cervical positioning assembly (the rod 50 together with the tubular member 58, the adjusting pin 60, and the ball and socket joint 54; Figures 2, 3a, 4, and 7A);
a head affixing assembly (the frame halves 14a, 14b; Figures 2, 3a, 4, 7A, and 8) configured to secure to a head of a user; and
a multi-exercise system (the pair of extensions or plates 70, 72 together with the pair of cylinders 62, 64, the corresponding posts 66, 68, and the springs 63, 65 (for conditioning of the sideward bending or lateral flexion movement of the head and neck; Figure 4, see below),
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the end plates 83, 85 together with the pair of cylinders 82, 84, the rod members 74, 76, and the springs 78, 80 (for conditioning of rotational movement of the head and neck about the vertical axis of the rod 50; Figure 5, see below),
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and the rod and cylinder arrangements 92 (for conditioning of the forward and rearward bending movement of the head and neck; Figure 2, see below);
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(see also Figures 2, 3a, 4, 5, and 7A; page 13, beginning of the last paragraph (line 24), through page 17, end of the second paragraph (line 27)).
Regarding claim 2, as can best be understood (refer to the 35 U.S.C. § 112(b) rejection of claim 2, see above), Ajrawat further discloses a spinal resistance assembly (the pair of extensions or plates 70, 72 together with the pair of cylinders 62, 64, the corresponding posts 66, 68, and the springs 63, 65 (for conditioning of the sideward bending or lateral flexion movement of the head and neck; Figure 4, see above), the end plates 83, 85 together with the pair of cylinders 82, 84, the rod members 74, 76, and the springs 78, 80 (for conditioning of rotational movement of the head and neck about the vertical axis of the rod 50; Figure 5, see above), and the rod and cylinder arrangements 92 (for conditioning of the forward and rearward bending movement of the head and neck; Figure 2, see above); Figures 2, 3a, 4, 5, and 7A; page 13, beginning of the last paragraph (line 24), through page 17, end of the second paragraph (line 27)) including at least one resistance component (the end plates 83, 85 together with the pair of cylinders 82, 84, the rod members 74, 76, and the springs 78, 80 (for conditioning of rotational movement of the head and neck about the vertical axis of the rod 50; Figure 5, see above) configured to resist rotation about a first axis (the vertical axis of the rod 50; Figure 5, see above); and
a device securing assembly (the post 81 (identified as reference character 8 in Figure 2) onto which the resistance cylinders can be mounted; page 16, lines 18-25; Figure 2) configured to physically anchor the device to an anchoring structure (the main frame 12; Figure 2).
Regarding claim 3, Ajrawat further discloses wherein the at least one resistance component comprises of at least one of a mechanical component, electromagnetic component, magnetic component, electromechanical component, hydraulic component, or a pneumatic component (According to page 14, first full paragraph (lines 9-19): “As should be readily apparent, hydraulic cylinders, electromagnetically-controlled cylinders, or other force/resistance applicators could be utilized in lieu of the spring cylinder arrangement shown in Figure 4. Such resistance or force applicators can include electronically and/or computer controlled systems similar to those utilized in a wide variety of exercise machines, and may provide a digital or graphic display indicating range of motion and/or force exerted, possibly even a cumulative total of exercises performed, and/or perform further computer analysis providing feedback to the user.” According to page 17, lines 8-11, “As with the lateral or side bending resistance devices, a number of alternatives may be provided to the cylinders utilized for resisting rotational movement.”).
Regarding claim 4, Ajrawat further discloses wherein the extendable and articulated cervical positioning assembly is configured to removably couple the head affixing assembly to the multi-exercise system (the rod 50 is capable of being telescopically removed from the tubular member 58 via the adjusting pin 60, which therefore enables the capability of removably coupling the frame halves 14a, 14b to Ajrawat’s multi-exercise system; Figure 4; Figures 2, 3A, and 4).
Regarding claim 5, Ajrawat further discloses wherein the extendable and articulated cervical positioning assembly includes one or more articulation elements (the ball and socket joint 54; Figures 2, 3a, 4, and 7A) configured to allow maneuverability and repositioning a head affixing assembly (According to page 4, first full paragraph (lines 7-23): “Still referring to Figure 4, it should be readily apparent that the rod 50 is telescopically received by a tubular member 58 of the head frame 14, with an adjusting pin represented at 60 allowing for adjustment or positioning of the rod 50 within tubular member 58. Thus, the distance between the ball joint 54 and the head frame 14 can be adjusted. This adjustment, together with the adjustment of the seat 16, allows the user to be properly positioned with respect to the ball joint 54. In accordance with one aspect of my invention, I have recognized that the use of a ball joint which can be properly positioned with respect to the user, provides for a head, neck and shoulder machine in which the movement of the head frame simulates movement of the head and neck. As a result, the user can perform exercises corresponding to all of the basic movements of the human head and neck region.”).
Regarding claim 6, Ajrawat further discloses wherein the extendable and articulated cervical positioning assembly includes one or more components (the rod 50 together with the tubular member 58, and the adjusting pin 60; Figures 2, 3a, 4, and 7A) connected by a ball and socket mechanism (the ball and socket joint 54; Figures 2, 3a, 4, and 7A) that allows the cervical positioning assembly to be positioned relative to the multi-exercise system (According to page 4, first full paragraph (lines 7-23): “Still referring to Figure 4, it should be readily apparent that the rod 50 is telescopically received by a tubular member 58 of the head frame 14, with an adjusting pin represented at 60 allowing for adjustment or positioning of the rod 50 within tubular member 58. Thus, the distance between the ball joint 54 and the head frame 14 can be adjusted. This adjustment, together with the adjustment of the seat 16, allows the user to be properly positioned with respect to the ball joint 54. In accordance with one aspect of my invention, I have recognized that the use of a ball joint which can be properly positioned with respect to the user, provides for a head, neck and shoulder machine in which the movement of the head frame simulates movement of the head and neck. As a result, the user can perform exercises corresponding to all of the basic movements of the human head and neck region.”).
Regarding claim 7, Ajrawat further discloses wherein the extendable and articulated cervical positioning assembly is configured to removably couple to the head affixing assembly via a first arm-shaft interface assembly at a first end (the proximal end of the rod 50 is capable of being telescopically removed from the tubular member 58 via the adjusting pin 60, which therefore enables the capability of removably coupling the frame halves 14a, 14b to the rod 50; Figure 4), and to the multi-exercise system via a second arm-shaft interface assembly at a second end (According to page 16, lines 18-25, “the rotational resistance cylinders can be mounted on a post 81. The post 81 can be movable, for example to allow for the flexion/extension exercises via cylinders 92 without resistance by the rotational resistance cylinders.” Therefore, a second end of the rod 50, proximate to the ball and socket joint 54 and the pair of extensions or plates 70, 72 (Figures 4 and 5), is capable of being removably coupled to the rotational resistance cylinders at the post 81. Refer as well to Figure 2, wherein the post 81 is identified as reference character 8.).
Regarding claim 8, Ajrawat further discloses wherein the extendable and articulated cervical positioning assembly includes one or more telescopic elements (the rod 50 together with the tubular member 58, and the adjusting pin 60; Figures 2, 3a, 4, and 7A) configured to allow maneuverability and repositioning of the head affixing assembly relative to the multi-exercise system (According to page 4, first full paragraph (lines 7-23): “Still referring to Figure 4, it should be readily apparent that the rod 50 is telescopically received by a tubular member 58 of the head frame 14, with an adjusting pin represented at 60 allowing for adjustment or positioning of the rod 50 within tubular member 58. Thus, the distance between the ball joint 54 and the head frame 14 can be adjusted. This adjustment, together with the adjustment of the seat 16, allows the user to be properly positioned with respect to the ball joint 54. In accordance with one aspect of my invention, I have recognized that the use of a ball joint which can be properly positioned with respect to the user, provides for a head, neck and shoulder machine in which the movement of the head frame simulates movement of the head and neck. As a result, the user can perform exercises corresponding to all of the basic movements of the human head and neck region.”).
Regarding claim 10, Ajrawat further discloses wherein the extendable and articulated cervical positioning assembly includes at least one articulation element (the ball and socket joint 54; Figures 2, 3a, 4, and 7A) and at least one telescopic element (the rod 50 together with the tubular member 58, and the adjusting pin 60; Figures 2, 3a, 4, and 7A) configured to allow maneuverability and repositioning of the head affixing assembly with respect to the multi-exercise system (According to page 4, first full paragraph (lines 7-23): “Still referring to Figure 4, it should be readily apparent that the rod 50 is telescopically received by a tubular member 58 of the head frame 14, with an adjusting pin represented at 60 allowing for adjustment or positioning of the rod 50 within tubular member 58. Thus, the distance between the ball joint 54 and the head frame 14 can be adjusted. This adjustment, together with the adjustment of the seat 16, allows the user to be properly positioned with respect to the ball joint 54. In accordance with one aspect of my invention, I have recognized that the use of a ball joint which can be properly positioned with respect to the user, provides for a head, neck and shoulder machine in which the movement of the head frame simulates movement of the head and neck. As a result, the user can perform exercises corresponding to all of the basic movements of the human head and neck region.”).
Regarding claim 11, Ajrawat discloses a strengthening device (the machine 10; Figure 2), comprising:
a cervical positioning assembly (the rod 50 together with the tubular member 58, the adjusting pin 60, and the ball and socket joint 54; Figures 2, 3a, 4, and 7A);
a head affixing assembly (the frame halves 14a, 14b; Figures 2, 3a, 4, 7A, and 8) operably coupled to a first end of the cervical positioning assembly (the proximal end of the rod 50 is operably coupled to the frame halves 14a, 14b via the tubular member 58; Figure 4); and
a multi-exercise system (the pair of extensions or plates 70, 72 together with the pair of cylinders 62, 64, the corresponding posts 66, 68, and the springs 63, 65 (for conditioning of the sideward bending or lateral flexion movement of the head and neck; Figure 4, see above), the end plates 83, 85 together with the pair of cylinders 82, 84, the rod members 74, 76, and the springs 78, 80 (for conditioning of rotational movement of the head and neck about the vertical axis of the rod 50; Figure 5, see above), and the rod and cylinder arrangements 92 (for conditioning of the forward and rearward bending movement of the head and neck; Figure 2, see above); (see also Figures 2, 3a, 4, 5, and 7A; page 13, beginning of the last paragraph (line 24), through page 17, end of the second paragraph (line 27)) operably coupled to a second end of the cervical positioning assembly (According to page 16, lines 18-25, “the rotational resistance cylinders can be mounted on a post 81. The post 81 can be movable, for example to allow for the flexion/extension exercises via cylinders 92 without resistance by the rotational resistance cylinders.” Therefore, a second end of the rod 50, proximate to the ball and socket joint 54 and the pair of extensions or plates 70, 72 (Figures 4 and 5), is operably coupled to the rotational resistance cylinders at the post 81. Refer as well to Figure 2, wherein the post 81 is identified as reference character 8.).
Regarding claim 13, Ajrawat further discloses wherein the cervical positioning assembly includes at least one articulation element (the ball and socket joint 54; Figures 2, 3a, 4, and 7A) configured to allow maneuverability and repositioning of the head affixing assembly with respect to the multi-exercise system (According to page 4, first full paragraph (lines 7-23): “Still referring to Figure 4, it should be readily apparent that the rod 50 is telescopically received by a tubular member 58 of the head frame 14, with an adjusting pin represented at 60 allowing for adjustment or positioning of the rod 50 within tubular member 58. Thus, the distance between the ball joint 54 and the head frame 14 can be adjusted. This adjustment, together with the adjustment of the seat 16, allows the user to be properly positioned with respect to the ball joint 54. In accordance with one aspect of my invention, I have recognized that the use of a ball joint which can be properly positioned with respect to the user, provides for a head, neck and shoulder machine in which the movement of the head frame simulates movement of the head and neck. As a result, the user can perform exercises corresponding to all of the basic movements of the human head and neck region.”).
Regarding claim 14, Ajrawat further discloses wherein the cervical positioning assembly includes at least one telescopic element (the rod 50 together with the tubular member 58, and the adjusting pin 60; Figures 2, 3a, 4, and 7A) configured to allow maneuverability and repositioning of the head affixing assembly with respect to the multi-exercise system (According to page 4, first full paragraph (lines 7-23): “Still referring to Figure 4, it should be readily apparent that the rod 50 is telescopically received by a tubular member 58 of the head frame 14, with an adjusting pin represented at 60 allowing for adjustment or positioning of the rod 50 within tubular member 58. Thus, the distance between the ball joint 54 and the head frame 14 can be adjusted. This adjustment, together with the adjustment of the seat 16, allows the user to be properly positioned with respect to the ball joint 54. In accordance with one aspect of my invention, I have recognized that the use of a ball joint which can be properly positioned with respect to the user, provides for a head, neck and shoulder machine in which the movement of the head frame simulates movement of the head and neck. As a result, the user can perform exercises corresponding to all of the basic movements of the human head and neck region.”).
Regarding claim 15, Ajrawat further discloses wherein the cervical positioning assembly is configured to removably couple to the head affixing assembly via an arm-shaft interface assembly at a first end (the proximal end of the rod 50 is capable of being telescopically removed from the tubular member 58 via the adjusting pin 60, which therefore enables the capability of removably coupling the frame halves 14a, 14b to the rod 50; Figure 4).
Regarding claim 16, Ajrawat further discloses wherein the cervical positioning assembly is configured to removably couple to the multi-exercise system via an arm-shaft interface assembly at a second end (According to page 16, lines 18-25, “the rotational resistance cylinders can be mounted on a post 81. The post 81 can be movable, for example to allow for the flexion/extension exercises via cylinders 92 without resistance by the rotational resistance cylinders.” Therefore, a second end of the rod 50, proximate to the ball and socket joint 54 and the pair of extensions or plates 70, 72 (Figures 4 and 5), is capable of being removably coupled to the rotational resistance cylinders at the post 81. Refer as well to Figure 2, wherein the post 81 is identified as reference character 8.).
Regarding claim 17, Ajrawat further discloses wherein the cervical positioning assembly includes one or more components (the rod 50 together with the tubular member 58, and the adjusting pin 60; Figures 2, 3a, 4, and 7A) connected by a ball and socket mechanism (the ball and socket joint 54; Figures 2, 3a, 4, and 7A) that allows the cervical positioning assembly to be positioned relative to the multi-exercise system (According to page 4, first full paragraph (lines 7-23): “Still referring to Figure 4, it should be readily apparent that the rod 50 is telescopically received by a tubular member 58 of the head frame 14, with an adjusting pin represented at 60 allowing for adjustment or positioning of the rod 50 within tubular member 58. Thus, the distance between the ball joint 54 and the head frame 14 can be adjusted. This adjustment, together with the adjustment of the seat 16, allows the user to be properly positioned with respect to the ball joint 54. In accordance with one aspect of my invention, I have recognized that the use of a ball joint which can be properly positioned with respect to the user, provides for a head, neck and shoulder machine in which the movement of the head frame simulates movement of the head and neck. As a result, the user can perform exercises corresponding to all of the basic movements of the human head and neck region.”).
Regarding claim 18, Ajrawat further discloses wherein the multi-exercise system includes at least one of a mechanical resistance component, electromagnetic resistance component, magnetic resistance component, electromechanical resistance component, hydraulic resistance component or a pneumatic resistance component (According to page 14, first full paragraph (lines 9-19): “As should be readily apparent, hydraulic cylinders, electromagnetically-controlled cylinders, or other force/resistance applicators could be utilized in lieu of the spring cylinder arrangement shown in Figure 4. Such resistance or force applicators can include electronically and/or computer controlled systems similar to those utilized in a wide variety of exercise machines, and may provide a digital or graphic display indicating range of motion and/or force exerted, possibly even a cumulative total of exercises performed, and/or perform further computer analysis providing feedback to the user.” According to page 17, lines 8-11, “As with the lateral or side bending resistance devices, a number of alternatives may be provided to the cylinders utilized for resisting rotational movement.”).
Regarding claim 19, Ajrawat discloses a device (the machine 10; Figure 2) comprising:
a multi-exercise system including a spinal resistance assembly (the pair of extensions or plates 70, 72 together with the pair of cylinders 62, 64, the corresponding posts 66, 68, and the springs 63, 65 (for conditioning of the sideward bending or lateral flexion movement of the head and neck; Figure 4, see above), the end plates 83, 85 together with the pair of cylinders 82, 84, the rod members 74, 76, and the springs 78, 80 (for conditioning of rotational movement of the head and neck about the vertical axis of the rod 50; Figure 5, see above), and the rod and cylinder arrangements 92 (for conditioning of the forward and rearward bending movement of the head and neck; Figure 2, see above); Figures 2, 3a, 4, 5, and 7A; page 13, beginning of the last paragraph (line 24), through page 17, end of the second paragraph (line 27))
including at least one of a mechanical resistance component, electromagnetic resistance component, magnetic resistance component, electromechanical resistance component, hydraulic resistance component or a pneumatic resistance component (the end plates 83, 85 together with the pair of cylinders 82, 84, the rod members 74, 76, and the springs 78, 80 (for conditioning of rotational movement of the head and neck about the vertical axis of the rod 50; Figure 5, see above) (According to page 14, first full paragraph (lines 9-19): “As should be readily apparent, hydraulic cylinders, electromagnetically-controlled cylinders, or other force/resistance applicators could be utilized in lieu of the spring cylinder arrangement shown in Figure 4. Such resistance or force applicators can include electronically and/or computer controlled systems similar to those utilized in a wide variety of exercise machines, and may provide a digital or graphic display indicating range of motion and/or force exerted, possibly even a cumulative total of exercises performed, and/or perform further computer analysis providing feedback to the user.” According to page 17, lines 8-11, “As with the lateral or side bending resistance devices, a number of alternatives may be provided to the cylinders utilized for resisting rotational movement.”)) configured to resist rotation about a first axis (the vertical axis of the rod 50; Figure 5, see above);
a head affixing assembly configured to secure to a head of a user (the frame halves 14a, 14b; Figures 2, 3a, 4, 7A, and 8);
a cervical positioning assembly (the rod 50 together with the tubular member 58, the adjusting pin 60, and the ball and socket joint 54; Figures 2, 3a, 4, and 7A) configured to removably couple to the head affixing assembly via an arm-shaft interface assembly at a first end (the proximal end of the rod 50 is capable of being telescopically removed from the tubular member 58 via the adjusting pin 60, which therefore enables the capability of removably coupling the frame halves 14a, 14b to the rod 50; Figure 4), and to the multi-exercise system via an arm-shaft interface assembly at a second end (According to page 16, lines 18-25, “the rotational resistance cylinders can be mounted on a post 81. The post 81 can be movable, for example to allow for the flexion/extension exercises via cylinders 92 without resistance by the rotational resistance cylinders.” Therefore, a second end of the rod 50, proximate to the ball and socket joint 54 and the pair of extensions or plates 70, 72 (Figures 4 and 5), is capable of being removably coupled to the rotational resistance cylinders at the post 81. Refer as well to Figure 2, wherein the post 81 is identified as reference character 8.); and
a device securing assembly (the post 81 (identified as reference character 8 in Figure 2) onto which the resistance cylinders can be mounted; page 16, lines 18-25; Figure 2) configured to physically anchor the device to an anchoring structure (the main frame 12; Figure 2).
Regarding claim 20, Ajrawat further discloses wherein the cervical positioning assembly includes at least one articulation element (the ball and socket joint 54; Figures 2, 3a, 4, and 7A) and at least one telescopic element (the rod 50 together with the tubular member 58, and the adjusting pin 60; Figures 2, 3a, 4, and 7A) configured to allow maneuverability and repositioning of the head affixing assembly with respect to the multi-exercise system (According to page 4, first full paragraph (lines 7-23): “Still referring to Figure 4, it should be readily apparent that the rod 50 is telescopically received by a tubular member 58 of the head frame 14, with an adjusting pin represented at 60 allowing for adjustment or positioning of the rod 50 within tubular member 58. Thus, the distance between the ball joint 54 and the head frame 14 can be adjusted. This adjustment, together with the adjustment of the seat 16, allows the user to be properly positioned with respect to the ball joint 54. In accordance with one aspect of my invention, I have recognized that the use of a ball joint which can be properly positioned with respect to the user, provides for a head, neck and shoulder machine in which the movement of the head frame simulates movement of the head and neck. As a result, the user can perform exercises corresponding to all of the basic movements of the human head and neck region.”).
Claim Rejections - 35 USC § 103
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ajrawat (WO 9415675 A1).
Regarding claim 9, Ajrawat discloses the invention as substantially claimed, see above, and further discloses wherein the extendable and articulated cervical positioning assembly includes a telescopic cylinder (the rod 50 together with the tubular member 58, and the adjusting pin 60; Figures 2, 3a, 4, and 7A)
However, Ajrawat fails to disclose: wherein the telescopic cylinder includes a series of nested tubes of different diameters.
Ajrawat teaches, in a different aspect of the multi-axis strengthening system (the machine; refer to the annotated Figure 2, see below), a telescopic cylinder (the tubular member 26; refer to the annotated Figure 2, see below) including a series of nested
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tubes of different diameters (refer to the annotated Figure 2, see immediately above).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the telescopic cylinder of Ajrawat’s invention such that it includes a series of nested tubes of different diameters, as taught by Ajrawat, in order to enable a greater range of height adjustment of the extendable and articulated cervical positioning assembly for the advantage of accommodating a wide range of users of varying heights.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ajrawat (WO 9415675 A1) in view of Poole (US 12,463,520).
Regarding claim 12, Ajrawat discloses the invention as substantially claimed, see above, and further discloses a resistance mechanism (According to page 14, first full paragraph (lines 9-19): “As should be readily apparent, hydraulic cylinders, electromagnetically-controlled cylinders, or other force/resistance applicators could be utilized in lieu of the spring cylinder arrangement shown in Figure 4. Such resistance or force applicators can include electronically and/or computer controlled systems similar to those utilized in a wide variety of exercise machines, and may provide a digital or graphic display indicating range of motion and/or force exerted, possibly even a cumulative total of exercises performed, and/or perform further computer analysis providing feedback to the user.” According to page 17, lines 8-11, “As with the lateral or side bending resistance devices, a number of alternatives may be provided to the cylinders utilized for resisting rotational movement.”).
However, Ajrawat is silent as to: a device chassis; a drivetrain; and an output shaft.
Poole teaches an analogous strengthening device (Figure 1A) comprising a device chassis (the chassis 114; Figure 1A); a drivetrain (the drive train 111; Figure 1A); and an output shaft (the output shaft between the drive train 111 and the coupled 112; Figure 1A).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Ajrawat’s invention to include a device chassis, as taught by Poole, in order to contain the resistance mechanism in a housing to protect moving parts for the advantage of maximizing the functional life of the device. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Ajrawat’s invention to include a drivetrain and an output shaft, as taught by Poole, in order to more compactly and efficiently enable the resistance and force applicators of the multi-exercise system to include electronically and/or computer controlled systems similar to those utilized in a wide variety of exercise machines for the advantage of facilitating capabilities to provide a digital or graphic display indicating range of motion and/or force exerted, possibly even a cumulative total of exercises performed, and/or to perform further computer analysis providing feedback to the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY D URBIEL GOLDNER whose telephone number is (313)446-6554. The examiner can normally be reached between 9AM and 5PM, Eastern Time, Monday through Friday.
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/GARY D URBIEL GOLDNER/Primary Examiner, Art Unit 3784