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 .
Priority
Acknowledgment is made to the instant applications claims for priority to provisional application 63/546,867, and as such the earliest date of priority of 11/01/2023 is granted to the instant application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “424” has been used to designate both height adjustable legs and height adjustable elements in paragraph [0034] of the specification when discussing support legs 418, and “444” has been used to designate both an engagement section of clips 640, and a fastener to secure the attaching section 704 to a table. In addition “412” and “414” have been used to designate both padded surfaces and table sections.
Furthermore, the drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: band loop 432, fastener 444, connector loops 532, section 642, engagement section 644.
In addition, the drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “elastic material contained in the continuous edge of said exercising cover” of dependent claim 3, must be shown or the feature(s) canceled from the claim(s). 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. 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
Claim 1 is objected to because of the following informalities:
On line 3, “being expose” should be –being exposed--.
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 1-4 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 "the cover" in lines 5-6. Each instance of “the cover” or “said” cover in lines 5-6 have insufficient antecedent basis for this limitation in the claim as a cover has not been claimed. Only an exercising cover has been claimed so it is unclear if the cover is the same structure as the exercising cover or a separate structure.
In addition, on line 5, “the edges” lack sufficient antecedent basis as only a continuous edge as a singular structure has been claimed thus far.
Claim 2 recites the limitation “exercise equipment attached to said one or more exercising bands” on lines 1-2. It is unclear what invention is considering exercise equipment as there is no further definition provided in the specification as to what the applicant is claiming to be exercise equipment. The examiner notes that paragraph [0039] which discusses figure 8 does state “Various exercise devices 804 attach to the bands 806 which are connected to the connecting elements 808” however what the exercise devices are is not explained.
Claim 3 recites the limitation “an elastic material contained in the continuous edge of said exercising cover” on lines 1-2. It is unclear if the claimed limitation is meant to mean that there is another structure made from elastic material inserted through the edge of the cover, which is not depicted as noted in the drawing objection above, or if the edge of the cover is made from an elastic material such as rubber. The specification does recite that the seal of the continuous could create an internal channel through which elastic or other material is contained, however this possible description requires structures not shown or discussed and the claimed limitation allows for the interpretation that the edge could be made from a material containing elastic properties.
Dependent claims 4 is rejected due to their dependency on a rejected base claim.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Derry US 20180133535 A1.
Regrading claim 1:
Derry discloses a portable exercise system to facilitate low-impact exercising comprising: an exercising cover (cushion 11) of flexible material (“the exemplary preferred embodiment of the present invention 10 comprises a flexible, foam-filled cushion 11, having a trifold, hingeably segmented structure.” See paragraph [0027]) having an upper and a lower surface (See annotated figure 8. The examiner notes that since the cushion is a physical 3-dimensional object it inherently includes an upper and a lower surface), the upper surface being expose to an exercise user (See paragraph [0028] which discusses how each segment of the upper surface of the cushion supports the body of the user, and figure 3 depicting the user on the floor performing an abdominal crunch), said exercising cover having a continuous edge (See annotated figure 1) that is sealed to prevent fraying and to provide additional structural integrity for said cover (The examiner notes that as depicted the cushion 11 is a single sealed piece comprised of three segments, 12,13, and 14, each sewn together to create hinge members 21 and 22 between the segments to allow the cushion to move and bend according to the user’s movements which would prevent any damage to the cushion during use.); one or more straps (bungee cord 19) attached to the cover at the edges to secure said cover to an exercising object being covered by said exercising cover (“The exemplary preferred embodiment 10 also includes a bungee cord 19, which is alternately used to attach to cushion 11 to a chair, as depicted in FIG. 10, or to retain the cushion in a folded-up configuration 20, as shown in FIG. 2, for convenient transport and/or storage.” See paragraph [0033]); one or more exercising bands (elastic upper resistance cord 15 and lower resistance cords 16) attached to said exercising cover (See figure 1), said exercising bands having elasticity properties for creating tension during exercises (The examiner notes that as stated in paragraphs [0031] and [0032] both the upper and lower resistance cords consist of elastic cords and are stretched during use to provide resistance to the user during exercises); and connectors attached to said exercising cover for connecting said one or more exercising bands to said exercising cover (See annotated figure 1 which depicts carabiner clips securing the resistance cords to the exercise cover).
[AltContent: arrow][AltContent: textbox (Continuous sealed edge)][AltContent: textbox (Carabiner clip (connector))][AltContent: arrow]
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Regrading claim 2:
Derry discloses the portable exercise system as described in claim 1 further comprising exercise equipment attached to said one or more exercising bands (The examiner notes that due to the unclear nature of the claim language, see 35 USC 112(b) rejection above, the claimed limitation is being interpreted under the broadest reasonable interpretation, with no further structural or functional limitations, to mean that there is at least one structure that allows the user to perform exercises with the resistance cords, and therefore the elastic ankle straps 18 which are part of the lower resistance cords 16 as discussed in paragraph [0032] are being considered as exercise equipment attached to the exercising bands as they help facilitate different exercises for the user).
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(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Derry US 20180133535 A1, and further in view of Knapp US 20240016685 A1.
Derry teaches the invention as substantially claimed above.
Regrading claim 3:
Derry teaches the portable exercise system as described in claim 1, but fails to teach that it is further comprising an elastic material contained in the continuous edge of said exercising cover to further facilitate securing of said exercising cover to the exercising element.
Knapp, however, teaches a massage table cover including a rectangular top portion, four rectangular side portions, and two elastics, operable to cover one section of a foldable massage table (See abstract), and further teaches an elastic material (front elastic 118 and rear elastic 120) contained in the continuous edge of said exercising cover to further facilitate securing of said exercising cover to the exercising element (“The cover 100 further comprises a front elastic (not visible in this figure but see FIG. 2 item 118) embedded within an edge of the rectangular front portion 104. The front elastic 118 may extend through a partial length of the rectangular front portion 104. The cover 100 further comprises a rear elastic (not visible in this figure but see FIG. 2 item 120) embedded within an edge of the rectangular rear portion 110. The rear elastic 120 may extend through a partial length of the rectangular rear portion 110. The front elastic 118 and the rear elastic 120 operate to secure the massage table cover 100 to the one section of the foldable massage table.” See paragraph [0031]) The examiner notes that given the lack of direction from the drawings, see drawing objection above, and the unclear nature of the claim language, see 35 USC 112(b) rejection above, under the broadest reasonable interpretation with no further structural or functional limitations, the covers of Knapp having elastic edges made from rubber as stated in paragraph [0006], which is stretched over the framing of the trampoline box to better secure the cover to the table is being considered as the continuous edge containing an elastic material to further facilitate securing of said exercising cover to the exercising element.)
In addition, Knapp teaches wherein tension in said elastic material contained in the continuous edge of said exercising cover can be adjusted (The examiner notes that this limitation is merely claiming the function of elastic material which as stretched inherently adjusts the tension within itself, and therefore the edge of the table cover being tightened or loosened around the table would cause the tension to be adjusted.)
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the edge of the exercise cover of Derry to include an elastic material as taught by Knapp as this would allow the user to better secure the cushion cover to the surface of the external exercise devices such as chairs or tables by allowing the edges to be pulled tight over the structure the cover is being attached to.
Regrading claim 4:
Derry as modified by Knapp teaches the portable exercise system as described in claim 3 wherein tension in said elastic material contained in the continuous edge of said exercising cover can be adjusted (See rejection of claim 3 above).
Conclusion
The following prior art made of the record has not been relied upon but has been found to be pertinent to the content of the applicant’s disclosure:
Hinks GB 2235389 A: Trampoline, which teaches a trampoline having a deck with a substantially continuous border portion around its edges formed from elastomeric webbing or strip material resiliently connecting the main part of the deck to the frame, side members of the latter being received in substantially continuous loops or tube formations of the border portion or attached thereto.
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Colangelo US 20180290002 A1: Low Cost, Multi-Function Exercise Platform, which teaches an exercise platform having a base member being a firm, resilient structure having in some aspects an edge member or a surrounding frame. The shape of the base member varies on design considerations, one shape being a generally planar, pear shape, another rectangular with side extensions. The base member is or has positioned thereon a cushioned top member, such as a foam or soft yoga mat type cushion. In an embodiment, the base member has around its periphery a pattern of anchor points or apertures to which resistance bands are attached, coupled or threaded.
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Mueller US 20150314162 A1: Seat Cover Exercise Device, which teaches an exercise device is disclosed comprising a flexible seat cover capable of conforming to a seat, the seat having a horizontal seat portion and a vertical back portion. The device further includes a plurality of exercising resistance members, each having a first end and a second end and one or more fasteners coupled to each first end of each of the plurality of exercising resistance members.
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Mirkovich et al. US 4331329 A: Rebound Exerciser, which teaches a rebound exerciser is supported within a rigid frame by a resilient lacing which is threaded spirally through holes in the diaphragm and around the frame. Padding members of resilient material are mounted over the frame and extend over the peripheral edge of the diaphragm. Slots in the padding members embrace the lacing permitting the padding members to be of low profile and preventing shifting of such members as a result of violent action imparted to the diaphragm.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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.
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/J.A.D./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784