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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2, 4, 6, 7, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al (US 20180200563 A1) in view of Uyeda et al (US 4339125).
Regarding Claim 2, Hansen et al teaches an adjustable carriage assembly comprising: a carriage defining a passage configured to receive a frame member 102 therethrough such that the carriage is moveable along the frame member, wherein the carriage comprises a first side plate and a second side plate laterally spaced from the first side plate, wherein the passage is defined between the first and second side plates, wherein the carriage further comprises a rear plate extending between the first and second side plates at a rear of the carriage (Refer to annotated Fig. 2 below Paragraph [0016]:” The vertical post 102, in some embodiments, provides one or more surfaces on which the adjustable pulley 104 slides.”);
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a plurality of rollers rotatably connected to the first and second side plates and extending between the first and second side plates, a third roller spaced rearwardly from the first roller and located on a rear side of the passage, and a fourth roller spaced rearwardly from the second roller and located below the third roller on the rear side of the passage, and the third and fourth rollers are configured to engage a rear side of the frame member (Refer to annotated Fig. 4B below);
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a connection structure connected to the first and second side plates of the carriage, wherein the connection structure is configured for pivotable connection to an articulating implement 104 (Refer to annotated FIG. 5 below..The Office takes the position that the connection structure is indirectly connected to the second side plate); and
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a releasable pin 406 mounted on the carriage and comprising an end piece 112 having a first grip and a second grip extending outward in opposite directions from the end piece and a distal end distal from the end piece, wherein the releasable pin is moveable by axial translation between a locked position, where the distal end of the releasable pin extends into the passage and is configured to be received in a hole in the frame member to lock the carriage in position, and an unlocked position, where the distal end of the releasable pin is retracted with respect to the locked position and is configured to withdraw from the hole in the frame member to allow movement of the carriage with respect to the frame member, and wherein the first and second grips are configured for engagement by a user to move the releasable pin from the locked position to the unlocked position (Refer to annotated Fig. 2 above Paragraph [0024]:”The lock pin 302, in one embodiment, interacts with the pull pin 406. In an engaged position, the lock pin 302 may restrict motion of the pull pin handle 112 from an engaged position to a disengaged position. The pull pin handle 112 may be connected to the pull pin 406 such that movement of the pull pin handle 112 results in movement of the pull pin 406. In other words, an engaged lock pin 302 may restrict the pull pin 406 from disengagement from the vertical post 102.”). Hansen et al fails to expressly disclose the plurality of rollers comprising a first roller located on a front side of the passage, a second roller located below the first roller on the front side of the passage, such that the first and second rollers are configured to engage a front side of the frame member. Uyeda et al teaches an exercise rack comprising a carriage 28 for sliding movement on the frame of the exercise rack 20, a plurality of rollers 30,32 rotatably connected to the first and second side plates and extending between the first and second side plates (Refer to Figs. 3&6) the plurality of rollers comprising a first roller 30 located on a front side of the passage, a second roller 32 located below the first roller on the front side of the passage, a third roller 30a spaced rearwardly from the first roller and located on a rear side of the passage, and a fourth roller 32a spaced rearwardly from the second roller and located below the third roller on the rear side of the passage, such that the first and second rollers 30,32 are configured to engage a front side of the frame member 20 and the third and fourth rollers 30a,32a are configured to engage a rear side of the frame member 20 (Refer to Fig 3&6 Col 3 Lines 16-30:” Turning now to FIG. 3, assembly 16 is seen to comprise housing 28 adapted to carry first and second vertically spaced apart bearing or roller means. In the embodiment of the invention shown in the drawings, these latter means are provided in the form of upper and lower sets of wheel means 30 and 32 respectively (FIG. 2). Upper wheel means 30 include front and rear pair of rollers 30a which are coaxially mounted on horizontally spaced apart axles 34 carried by housing 28. Similarly lower wheel means 32 include front and rear pairs of rollers 32a which are coaxially mounted on horizontally spaced apart axle members 36 carried by housing 28. Rollers 30a and 32a are of identical configuration, each having hub portions 33 and flange portions 34 (FIG. 3).”). Uyeda et al is analogous with Applicants invention in that they both teach roller carriages for an exercise rack and therefore it would have been obvious to modify the carriage of Hansen et al to be in view of Uyeda et al such that there is comprising a first roller 30 located on a front side of the passage, a second roller 32 located below the first roller on the front side of the passage, a third roller 30a spaced rearwardly from the first roller and located on a rear side of the passage, and a fourth roller 32a spaced rearwardly from the second roller and located below the third roller on the rear side of the passage, such that the first and second rollers 30,32 are configured to engage a front side of the frame member 20 and the third and fourth rollers 30a,32a are configured to engage a rear side of the frame member 20 for the purpose of providing a smooth gliding motion on the frame and reducing damage to the carriage by reducing friction on the plates.
Regarding Claim 4, Hansen et al in view of Uyeda et al continues to teach further comprising a housing connected to the carriage and extending outward from the carriage, and a biasing member within the housing, wherein the releasable pin extends within the housing, and the biasing member operably engages the releasable pin and biases the releasable pin toward the locked position (Refer to annotated Fig. 4B below and Paragraph [0025]:” The lock pin 302 may be biased into the engaged position by a lock biaser 304. For example, the lock biaser 304 may be a spring configured to exert a force in a direction that tends to move the lock pin 302 into the engaged position.”).
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Regarding Claim 6, Hansen et al in view of Uyeda et al continues to teach further comprising: a handle assembly comprising a first upper handle mount portion engaged with the carriage proximate to a top of the carriage and extending outward at a first side of the carriage, a first lower handle mount portion engaged with the carriage proximate to a bottom of the carriage and extending outward at the first side of the carriage, wherein the first lower handle mount portion is located below and vertically spaced from the first upper handle mount portion, and a first handle connected to the first upper handle mount portion and the first lower handle mount portion and extending vertically between the first upper handle mount portion and the first lower handle mount portion (Refer to annotated Fig. 2 below).
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Regarding Claim 7, Hansen et al in view of Uyeda et al continues to teach wherein the end piece 112 of the releasable pin is located at a vertical height that is between the top and the bottom of the carriage and positioned adjacent to the first handle, such that the end piece is configured to be engaged by the user while gripping the first handle (Refer to annotated Fig. 2 above).
Regarding Claim 10, Hansen et al continues to teach wherein each of the plurality of rollers comprises: a first enlarged end section and a second enlarged end section opposite the first enlarged end section; a first intermediate section and a second intermediate section extending inwardly from the first and second enlarged end sections; and a central cylindrical section located between the first and second intermediate sections and forming a center portion of the roller, wherein the central cylindrical section has a diameter that is smaller than the diameters of the first and second enlarged end sections (Refer to annotated Fig. 3 of Hansen et al below).
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Hansen et al fails to disclose wherein the first and second intermediate sections having gradually decreasing diameters, however, Uyeda et al teaches wherein each of the plurality of rollers comprises: a first enlarged end section 34 and a second enlarged end section 34 opposite the first enlarged end section; a first intermediate section 33 and a second intermediate section 33 extending inwardly from the first and second enlarged end sections, the first and second intermediate sections having gradually decreasing diameters (Refer to annotated Fig. 3 below); and
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a central cylindrical section located between the first and second intermediate sections 33 and forming a center portion of the roller, wherein the central cylindrical section has a diameter that is smaller than the diameters of the first and second enlarged end sections 34 (Refer to Col 3 Lines 22-29:” Upper wheel means 30 include front and rear pair of rollers 30a which are coaxially mounted on horizontally spaced apart axles 34 carried by housing 28. Similarly lower wheel means 32 include front and rear pairs of rollers 32a which are coaxially mounted on horizontally spaced apart axle members 36 carried by housing 28. Rollers 30a and 32a are of identical configuration, each having hub portions 33 and flange portions 34 (FIG. 3).”). It would have been obvious to modify the rollers of Hansen et al such that the first and second intermediate sections having gradually decreasing diameters, for the purpose of fitting with the rounded edges of a tubular frame to provide increased contact surface area for a more seamless sliding of the carriage.
Claim(s) 2 & 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorin et al (US 20200139186 A1) in view of Hansen et al (US 20180200563 A1).
Regarding Claim 2, Sorin et al teaches an adjustable carriage assembly comprising: a carriage 100 defining a passage configured to receive a frame member therethrough such that the carriage is moveable along the frame member, wherein the carriage comprises a first side plate and a second side plate laterally spaced from the first side plate, wherein the passage is defined between the first and second side plates, wherein the carriage further comprises a rear plate extending between the first and second side plates at a rear of the carriage (Refer to annotated Fig. 1A & 3 below);
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a plurality of rollers 104 rotatably connected to the first and second side plates and extending between the first and second side plates, the plurality of rollers 104 comprising a first roller 104 located on a front side of the passage, a second roller 104 located below the first roller on the front side of the passage, a third roller 104 spaced rearwardly from the first roller and located on a rear side of the passage, and a fourth roller 104 spaced rearwardly from the second roller and located below the third roller on the rear side of the passage, such that the first and second rollers are configured to engage a front side of the frame member and the third and fourth rollers are configured to engage a rear side of the frame member 300 (Refer to Figs. 1A & Paragraph [0039]:” The moveable rack mount apparatus 100 is configured to be slidable on the tubing of the rack when the pop pin 102 is not engaged with a hole, for example having a tube passage 116 disposed vertically and/or entirely through the apparatus 100 and/or by being provided with protective rollers 104 as the interface between the apparatus 100 and the rack. In some embodiments, the protective rollers 104 are at least coated, if not made from, a smooth and/or slightly flexible material like plastic, foam or rubber. In some embodiments the protective rollers 104 roll as the apparatus 100 is moved up and/or down (or sideways if the rack tubing is horizontal to the floor) the rack tubing.”); a connection structure connected to the first and second side plates of the carriage, wherein the connection structure is configured for pivotable connection to an articulating implement 404 (Refer to annotated Fig. 5 below); and
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a releasable pin 102 mounted on the carriage and comprising an end piece 102i wherein the releasable pin is moveable by axial translation between a locked position, where the distal end 204 of the releasable pin extends into the passage and is configured to be received in a hole 302 in the frame member 300 to lock the carriage in position, and an unlocked position, where the distal end of the releasable pin is retracted with respect to the locked position and is configured to withdraw from the hole in the frame member to allow movement of the carriage with respect to the frame member, and wherein the first and second grips are configured for engagement by a user to move the releasable pin from the locked position to the unlocked position (Refer to Fig. 2B Paragraph [0048]:” FIG. 2B shows the apparatus 100 from a bottom view where the tube passage 116 is more clearly shown and wherein the engaging pin 204 of the pop pin 102 is shown, the engaging pin 204 the portion of the pop pin 102 which is inserted into the rack hole to lock the apparatus 100 to the rack.”). Sorin et al fails to teach the end piece having a first grip and a second grip extending outward in opposite directions from the end piece and a distal end distal from the end piece. Hansen et al teaches an adjustable carriage comprising a releasable pin mounted on the carriage and comprising an end piece 112 having a first grip and a second grip extending outward in opposite directions from the end piece and a distal end distal from the end piece (Refer to annotated Fig. 4B below ),
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wherein the releasable pin is moveable by axial translation between a locked position, where the distal end of the releasable pin extends into the passage and is configured to be received in a hole in the frame member to lock the carriage in position, and an unlocked position, where the distal end of the releasable pin is retracted with respect to the locked position and is configured to withdraw from the hole in the frame member to allow movement of the carriage with respect to the frame member, and wherein the first and second grips are configured for engagement by a user to move the releasable pin from the locked position to the unlocked position (Refer to annotated Fig. 2 above Paragraph [0024]:”The lock pin 302, in one embodiment, interacts with the pull pin 406. In an engaged position, the lock pin 302 may restrict motion of the pull pin handle 112 from an engaged position to a disengaged position. The pull pin handle 112 may be connected to the pull pin 406 such that movement of the pull pin handle 112 results in movement of the pull pin 406.”). Hansen et al is from the same field of endeavor as Applicants invention and therefore it would have been obvious to modify the pin 102 of Hansen et al to be in view of Sorin et al such that end piece has a first grip and a second grip extending outward in opposite directions from the end piece and a distal end distal from the end piece to provide an ergonomic handle for easier pulling of the pin and therefore does not patentably distinguish the invention over prior arts as taught by Sorin et al.
Regarding Claim 3, Sorin et al in view of Hansen et al continues to teach wherein the connection structure comprises a first opening 106 in the first side plate, a second opening 106 in the second side plate, and a pivot pin received in the first opening and the second opening and configured for engaging the articulating implement between the first and second side plates to form the pivotable connection to the articulating implement (Refer to Sorin et al Figs 5-7:”In some embodiments, the apparatus 100 is provided with at least one attachment hole 106, which corresponds to a hole in the exercise-related attachment, through which a pin or pivot rod is placed to secure the exercise-related attachment to the rack. Optionally, the exercise-related attachment is free to pivot around the central axis of the attachment holes 106 when connected to the rack by the apparatus 100.”).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorin et al (US 20200139186 A1) in view of Hansen et al (US 20180200563 A1), as noted above further in view of Uyeda et al (US 4339125).
Regarding Claim 5, Sorin et al in view of Hansen et al continues to teach wherein the carriage further comprises a first pin hole 110 in the first side plate and a second pin hole 110 in the second side plate that are aligned on opposite sides of the passage, and the adjustable carriage assembly further comprises a removable pin 204 configured to be removably received through the first pin hole 110 (Refer to Sorin et al Fig. 2B Paragraph [0042]:” In some embodiments of the invention, the apparatus is provided with multiple pin holes 110, through which the pop pin 102 can be inserted to connect the apparatus 100 to the rack. Optionally, a plurality of pop pins 102 are used at the same time, utilizing a plurality of the pin holes 110.”) but fails to teach comprises a removable pin configured to be removably received through the first pin hole and the second pin hole, and wherein the removable pin is configured to engage the frame member to prevent movement of the carriage when the removable pin is received through the first pin hole and the second pin hole. Uyeda et al teaches a exercise frame comprising a adjustable carriage 28 comprising a first pin hole 74 in the first side plate and a second pin hole 74 in the second side plate that are aligned on opposite sides of the passage, and the adjustable carriage assembly further comprises a removable pin 72 configured to be removably received through the first pin hole and the second pin hole, and wherein the removable pin is configured to engage the frame member 20 to prevent movement of the carriage when the removable pin is received through the first pin hole and the second pin hole 74 (Refer to Fig. 3). Sorin et al teaches that the plurality of first pin holes 110 may comprise multiple different pins for locking the carriage to the frame member 300 (Refer to Sorin et al Fig. 2B Paragraph [0042]:” In some embodiments of the invention, the apparatus is provided with multiple pin holes 110, through which the pop pin 102 can be inserted to connect the apparatus 100 to the rack. Optionally, a plurality of pop pins 102 are used at the same time, utilizing a plurality of the pin holes 110.”). Therefore, the Office takes the position that it would have been obvious to modify the carriage of Sorin et al to comprise a removable pin 72 configured to be removably received through the first pin hole and the second pin hole, and wherein the removable pin is configured to engage the frame member 20 to prevent movement of the carriage when the removable pin is received through the first pin hole and the second pin hole 74, since Uyeda et al teaches that such pins are known in the art and therefore to provide the carriage of Sorin et al with a known locking mechanism in addition to the pin of Sorin et al in view of Hansen et al would have been obvious to provide a more secure locking mechanism to prevent the carriage from accidentally disengaging from the frame member and therefore such modification would have been obvious in the art and therefore does not patentably distinguish the invention over prior arts.
Allowable Subject Matter
Claims 11-21 are allowed.
The following is an examiner’s statement of reasons for allowance: Hansen et al and Sorin et al are the closest prior arts to the claimed invention teaching either separate or in combination a carriage defining a passage configured to receive a frame member therethrough such that the carriage is moveable along the frame member, wherein the carriage comprises a first side plate and a second side plate laterally spaced from the first side plate, wherein the passage is defined between the first and second side plates, wherein the carriage further comprises a rear plate extending between the first and second side plates at a rear of the carriage; a plurality of rollers rotatably connected to the first and second side plates and extending between the first and second side plates on front and rear sides of the passage, such that the rollers are configured to engage front and rear sides of the frame member within the passage; a connection structure connected to the first and second side plates of the carriage, wherein the connection structure is configured for pivotable connection to an articulating implement; a first upper handle mount portion connected to the carriage and extending outward from the carriage on a first side of the carriage; a first lower handle mount portion connected to the carriage and extending outward from the carriage on the first side of the carriage, wherein the first lower handle mount portion is located below and vertically spaced from the first upper handle mount portion; a first handle connected to and supported by the first upper handle mount portion and the first lower handle mount portion and extending from the first upper handle mount portion to the first lower handle mount portion, and wherein the first upper and lower handle mount portions extend between the first handle and the carriage to mount the first handle on the carriage at a first location spaced from the carriage such that a first space is defined between the first handle and the carriage to receive a portion of a first hand of a user; and a releasable pin mounted on the carriage and comprising an end piece and a distal end distal from the end piece, wherein the releasable pin is moveable by axial translation between a locked position, where the distal end of the releasable pin extends into the passage and is configured to be received in a hole in the frame member to lock the carriage in position, and an unlocked position, where the distal end of the releasable pin is retracted with respect to the locked position and is configured to withdraw from the hole in the frame member to allow movement of the carriage with respect to the frame member, and wherein the end piece is configured for engagement by a user to move the releasable pin from the locked position to the unlocked position. But fails to teach the claimed invention as a whole comprising a first upper handle mount portion connected to the carriage and extending outward from the carriage on a first side of the carriage;a first lower handle mount portion connected to the carriage and extending outward from the carriage on the first side of the carriage, wherein the first lower handle mount portion is located below and vertically spaced from the first upper handle mount portion;a first handle connected to and supported by the first upper handle mount portion and the first lower handle mount portion and extending from the first upper handle mount portion to the first lower handle mount portion, and wherein the first upper and lower handle mount portions extend between the first handle and the carriage to mount the first handle on the carriage at a first location spaced from the carriage such that a first space is defined between the first handle and the carriage to receive a portion of a first hand of a user;a second upper handle mount portion connected to the carriage and extending outward from the carriage on a second side of the carriage;a second lower handle mount portion connected to the carriage and extending outward from the carriage on the second side of the carriage, wherein the second lower handle mount portion is located below and vertically spaced from the second upper handle mount portion;a second handle connected to and supported by the second upper handle mount portion and the second lower handle mount portion and extending from the second upper handle mount portionto the second lower handle mount portion, and wherein the second upper and lower handle mount portions extend between the second handle and the carriage to mount the second handle on the carriage at a second location spaced from the carriage such that a second space is defined between the second handle and the carriage to receive a portion of a second hand of a user.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the list of references cited for prior arts pertinent to claim and unclaimed subject matter.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784