DETAILED ACTION
This is the First Office Action on the Merits based on the 18/936,503 application filed on 11/04/2024 and which claims as originally filed have been considered in the ensuing 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 .
Priority
Application 18/936,503 is a continuation of application 17/804,754 filed on 05/31/2022, now US Patent 12,134,006, which claims priority to a provisional filed 06/01/2021. Accordingly, application 18/936,503 has priority to 06/01/2021.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/21/2024 and 06/12/2025 were 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 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
A locking mechanism comprising a clamp (claim 14) AND a pin and a receptable for the pin (claim 15)
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. 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 8-10 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 9, 11, and 13 of U.S. Patent No. 12,134,006. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following the claims of Patent 12,134,006 are more narrow than that of the claimed invention. Specifically:
Instant application 18/936,503
US Patent 12,134,006
Claim
Limitation
Claim
Limitation
1
a base configured to rest on a floor; a first stand coupled to the base at a first side of the base; a second stand coupled to the base at a second side of the base; and a pull-up bar coupled to the first stand and to the second stand, wherein, in an expanded state of the exercise station, the first stand is oriented vertically, the second stand is oriented vertically, and the pull-up bar is oriented laterally across the exercise station from the first stand to the second stand, and wherein, in a collapsed state of the exercise station, the first stand is oriented laterally, the second stand is oriented laterally, and the pull-up bar is oriented laterally across the exercise station.
Claim 1 of US Patent 12,134,006 contains additional limitations (found in claim 3 of the instant application). The claim language of claim 1 is also in a different configuration, but contains the same subject matter as that of claim 1 of the instant application
1
a base; a first stand; a second stand; and a pull-up bar, wherein, in an expanded state of the exercise station, the base is configured to rest on a floor, the first stand is coupled to the base in a substantially vertical orientation, the second stand is coupled to the base in a substantially vertical orientation, and the pull-up bar is coupled to the first stand and to the second stand in a substantially lateral orientation, wherein, in a collapsed state of the exercise station, the base is configured to rest on a floor, the first stand is coupled to the base in a substantially lateral orientation, the second stand is coupled to the base in a substantially lateral orientation, and the pull-up bar is coupled to the first stand and to the second stand in a substantially lateral orientation,
3
wherein, in the expanded state of the exercise station, the first stand and the second stand define a vertical-lateral plane, and wherein the first stand and the second stand each remain substantially in the vertical-lateral plane during a transition from the expanded state of the exercise station to the collapsed state of the exercise station.
1
and wherein, in the expanded state of the exercise station, the first stand and the second stand define a vertical-lateral plane, and wherein the first stand and the second stand each remain substantially in the vertical-lateral plane during a transition from the expanded state of the exercise station to the collapsed state of the exercise station.
4
the first stand remains coupled to the base and to the pull-up bar during the transition from the expanded state of the exercise station to the collapsed state of the exercise station.
6
the first stand remains coupled to the base and to the pull-up bar during the transition from the expanded state of the exercise station to the collapsed state of the exercise station.
2
wherein, in the collapsed state of the exercise station, the first stand is folded at a hinge between a first lower stand member of the first stand and a first upper stand member of the first stand.
11
wherein the first stand comprises a first middle hinge located in a middle portion of the first stand and the second stand comprises a second middle hinge located in a middle portion of the second stand.
5
wherein the collapsed state of the exercise station has a vertical profile with a height of less than 20% of a height of a vertical profile of the expanded state of the exercise station.
9
wherein the collapsed state of the exercise station has a vertical profile with a height of less than 20% of a height of a vertical profile of the expanded state of the exercise station.
6
the first stand comprises a first insertion point configured to receive a first additional handle that is selectively insertable into and selectively removable from the first insertion point.
2-3
a first additional handle and a second additional handle, wherein the first additional handle is coupleable to the first stand, and wherein the second additional handle is coupleable to the second stand (claim 2).
1he first and second additional handles are selectively removeable from and selectively insertable into the first and second stands (claim 3).
8
the first additional handle, wherein the first additional handle comprises a gripping portion that is offset laterally inwards from the first stand.
The Examiner notes that all handles have a gripping portion
5
the first and second additional handles are offset laterally inwards respectively from the first and second stands.
9
the first stand further comprises an additional insertion point vertically offset from the first insertion point, and wherein the additional insertion point is configured to receive the first additional handle.
4
a first plurality of insertion points along the first stand and a second plurality of insertion points along the second stand, wherein the first additional handle is selectively insertable into one or more insertion points of the first plurality of insertion points, and wherein the second additional handle is selectively insertable into one or more insertion points of the second plurality of insertion points.
10
the first stand is coupled to the pull-up bar through a first upper hinge, and wherein the second stand is coupled to the pull-up bar through a second upper hinge.
13
the first stand is coupled to the pull-up bar through a first upper hinge, and wherein the second stand is coupled to the pull-up bar through a second upper hinge.
16
a base; a pull-up bar; a first stand coupled at a lower end of the first stand to the base at a first side of the base, and coupled at an upper end of the first stand to the pull-up bar at a first end of the pull-up bar through a first upper hinge; and a second stand coupled at a lower end of the second stand to the base at a second side of the base, and coupled at an upper end of the second stand to the pull-up bar at a second end of the pull-up bar through a second upper hinge.
The Examiner notes that claim 1 of US 12,134,006 is more narrow than that of claim 13 of the instant application.
13
a base; a first stand; a second stand; and a pull-up bar, wherein, in an expanded state of the exercise station, the base is configured to rest on a floor, the first stand is coupled to the base in a substantially vertical orientation, the second stand is coupled to the base in a substantially vertical orientation, and the pull-up bar is coupled to the first stand and to the second stand in a substantially lateral orientation, wherein, in a collapsed state of the exercise station, the base is configured to rest on a floor, the first stand is coupled to the base in a substantially lateral orientation, the second stand is coupled to the base in a substantially lateral orientation, and the pull-up bar is coupled to the first stand and to the second stand in a substantially lateral orientation, and wherein, in the expanded state of the exercise station, the first stand and the second stand define a vertical-lateral plane, and wherein the first stand and the second stand each remain substantially in the vertical-lateral plane during a transition from the expanded state of the exercise station to the collapsed state of the exercise station (claim 1).
the first stand is coupled to the pull-up bar through a first upper hinge, and wherein the second stand is coupled to the pull-up bar through a second upper hinge (claim 13).
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 1-2, 5-6, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lomas (GB 2544483).
Regarding claim 1:
Lomas discloses a base (base frame 2) configured to rest on a floor (see Fig. 6); a first stand (lower frame 4 and upper frame 3 on the right side of the device) coupled to the base at a first side of the base (see Fig. 6); a second stand (lower frame 4 and upper frame 3 on the left side of the device) coupled to the base at a second side of the base (see Fig. 6); and a pull-up bar (cross member 6) coupled to the first stand and to the second stand, wherein, in an expanded state of the exercise station, the first stand is oriented vertically, the second stand is oriented vertically, and the pull-up bar is oriented laterally across the exercise station from the first stand to the second stand (see Fig. 6), and wherein, in a collapsed state of the exercise station, the first stand is oriented laterally, the second stand is oriented laterally, and the pull-up bar is oriented laterally across the exercise station (see Fig. 1).
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Regarding claim 2:
Lomas discloses that wherein, in the collapsed state of the exercise station, the first stand is folded at a hinge (pivot point 43) between a first lower stand member of the first stand (lower frame 4) and a first upper stand member (upper frame 3) of the first stand (see Fig. 4 for the transitional state and Fig .1 for the folded state).
Regarding claim 5:
Lomas discloses that wherein the collapsed state of the exercise station has a vertical profile with a height of less than 20% of a height of a vertical profile of the expanded state of the exercise station (see Figure 26 for a partially folded configuration. Lomas further discloses the frame can be folded flat, see paragraph [0031]).
Regarding claim 6:
Lomas discloses that the first stand comprises a first insertion point (holes 12) configured to receive a first additional handle (handle 18) that is selectively insertable into and selectively removable from the first insertion point (Lomas discloses that handles 18 can be placed in any of the numerous holes 12, see Fig. 10).
Regarding claim 8:
Lomas discloses that the first additional handle, wherein the first additional handle comprises a gripping portion (see Fig. 10, the handle comprises a gripping portion that is offset from the stand) that is offset laterally inwards from the first stand.
Regarding claim 9:
Lomas discloses that the first stand further comprises an additional insertion point (holes 12 are vertically oriented along the stand) vertically offset from the first insertion point, and wherein the additional insertion point is configured to receive the first additional handle (see rejection of claim 6 above).
Claims 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lomas (GB 2544483).
Regarding claim 16:
Lomas discloses a base (base frame 2); a pull-up bar (upper frame 3 has been considered the pull up bar, lacking any other structural or functional limitations); a first stand (lower frame 4 on right side of the device) coupled at a lower end of the first stand to the base at a first side of the base (see Fig. 6), and coupled at an upper end of the first stand to the pull-up bar at a first end of the pull-up bar through a first upper hinge (pivot point 43, see Fig. 6); and a second stand (lower frame 4 on the left side of the device) coupled at a lower end of the second stand to the base at a second side of the base (see Fig. 6), and coupled at an upper end of the second stand to the pull-up bar at a second end of the pull-up bar through a second upper hinge (pivot point 43, see Fig. 6).
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Regarding claim 17:
Lomas discloses that the first stand comprises a first middle hinge (see annotated Fig. above) located in a middle portion of the first stand, and wherein the second stand comprises a second middle hinge (see annotated Fig. above) located in a middle portion of the second stand (the Examiner notes that the claim language does not require that the first and second hinge couple first and second parts of the respective first and second stands together in a linear fashion).
Regarding claim 18:
Lomas discloses that wherein, in an expanded state of the exercise station, the first middle hinge is unfolded and the first stand is expanded (see Fig. 6), and wherein, in a collapsed state of the exercise station, the first middle hinge is folded and the first stand is collapsed (see Fig. 1).
Regarding claim 19:
Lomas discloses that wherein, in the expanded state of the exercise station, the second middle hinge is unfolded and the second stand is expanded (see Fig. 6), and wherein, in the collapsed state of the exercise station, the second middle hinge is folded and the second stand is collapsed (see Fig. 1).
Regarding claim 20:
Lomas discloses that wherein the first stand is coupled to the first side of the base through a first lower hinge (pivot point 44, see Fig. 6), and wherein the second stand is coupled to the second side of the base through a second lower hinge (pivot point 44, see Fig. 6).
Claims 1, 10, 11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Le Nguyen (US 10,207,142).
Regarding claim 1:
Le Nguyen discloses a base (elements 110, 112) configured to rest on a floor (see Fig. 1); a first stand (vertical members 106, 108 on the right side of the device) coupled to the base at a first side of the base (see Fig. 1); a second stand (vertical members 106, 108 on the left side of the device) coupled to the base at a second side of the base (see Fig. 1); and a pull-up bar (cross member 116) coupled to the first stand and to the second stand, wherein, in an expanded state of the exercise station, the first stand is oriented vertically, the second stand is oriented vertically, and the pull-up bar is oriented laterally across the exercise station from the first stand to the second stand (see Fig. 1), and wherein, in a collapsed state of the exercise station, the first stand is oriented laterally, the second stand is oriented laterally, and the pull-up bar is oriented laterally across the exercise station (see Fig. 4).
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Regarding claim 10:
Le Nguyen discloses that the first stand is coupled to the pull-up bar through a first upper hinge (joint 114 acts as a hinge), and wherein the second stand is coupled to the pull-up bar through a second upper hinge (joint 114 acts as a hinge).
Regarding claim 11:
Le Nguyen discloses that the first stand comprises a first middle hinge (see annotated Fig. above) located in a middle portion of the first stand, and wherein the second stand comprises a second middle hinge (se annotated Fig. above) located in a middle portion of the second stand.
Regarding claim 13:
Le Nguyen discloses that the first stand further comprises a first middle lock mechanism (pin member 130) at the first middle hinge.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lomas (GB 2544483) in view of Garcia (US 2020/0147434). Lomas discloses the device as substantially claimed above in claim 6.
Regarding claim 7:
Lomas discloses that the handles are attached to the frame through spring pins. Lomas fails to distinctly disclose that the first insertion point comprises a threaded opening.
Garcia teaches a pull up exercise device with removable handles (146) attached to first and second stands of the pull up exercise device, wherein the handles use bolts and screws threadable with threaded openings (see paragraph [0036]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the attachments between the handles of Lomas with the attachments of the handles of Garcia, as spring pins and threaded attachments are well known equivalents of each other.
Allowable Subject Matter
Claims 12 and 14-15 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.
Claims 3-4 do not have an art rejection but are rejected under double patenting.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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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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/Megan Anderson/ Primary Examiner, Art Unit 3784