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 .
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
The drawings are objected to because Figs. Fig. 3A, 3B, &12-13 are photographs. 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 1, 11, 13, and 14 are objected to because of the following informalities:
Claim 1 part (i) Line 2 recites “central support”, should be replaced with --central support stand--.
Claim 1 part (i) Line 3 recites “central support”, should be replaced with --central support stand--.
Claim 1 part (iii) Line 2 recites “central support”, should be replaced with --central support stand--.
Claim 1 part (iii) Lines 2-3 recites “central support”, should be replaced with --central support stand--.
Claim 9 part (a) Line 1-2 recites “central support”, should be replaced with --central support stand--.
Claim 9 part (a) Line 2 recites “central support”, should be replaced with --central support stand--.
Claim 9 part (b) Line 2 recites “central support”, should be replaced with --central support stand--.
Claim 9 part (c) Line 2 recites “central support”, should be replaced with --central support stand--.
Claim 11 Line 2 recites “central support”, should be replaced with --central support stand--.
Claim 13 recites “can be”, it is suggested that Applicant replace the limitation with --is configured to be--.
Claim 14 part (c) Line 2 recites “central support”, should be replaced with --central support stand--. 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 1-20 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 Part c) recites “engaging a second end of the at least one resistance band with each user of the plurality of users positioned around the perimeter of the multi-user mobile band station to allow each of the plurality of users to complete at least one exercise with the at least one resistance band substantially concurrently.”. There is insufficient antecedent basis for this limitation “the at least one resistance band” in the claim and further it is unclear if Applicant is referring to each user using the one resistance band concurrently or if each user is using at least one resistance band concurrently. From a review of the specifications it would appear that each user is using a resistance band and therefore the Office will interpret the claim such as --engaging a second end of at least one resistance band of the plurality of resistance bands with each user of the plurality of users positioned around the perimeter of the multi-user mobile band station to allow each of the plurality of users to complete at least one exercise with the at least one resistance band substantially concurrently.--.
Claim 9 Part (e) Line 2 recites “the central support structure”. There is insufficient antecedent basis for this limitation in the claim, it appears Applicant intends to recite –the central support stand--.
Claim 16 Lines 3-4 recites “the at least two holes”. There is insufficient antecedent basis for this limitation in the claim, it appears Applicant intends to recite –at least two holes of the plurality of holes--.
Claim 20 Lines 3-4 recites “the at least two holes”. There is insufficient antecedent basis for this limitation in the claim, it appears Applicant intends to recite --at least two holes of the plurality of holes--.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 14, 15, 17, and 19 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 9, 10, 13, and 14 of prior U.S. Patent No. 12,134,001. This is a statutory double patenting rejection. Claim 14 of the instant application is identical to Claim 9 of prior U.S. Patent No. 12,134,001, Claim 15 of the instant application is identical to Claim 10 of prior U.S. Patent No. 12,134,001, Claim 17 of the instant application is identical to Claim 13 of prior U.S. Patent No. 12,134,001, Claim 19 of the instant application is identical to Claim 19 of prior U.S. Patent No. 12,134,001.
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.
Claim 1-4, 6-15, and 17 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-4, 6-8, 10, 12, 13, 15, 16, and 18 of U.S. Patent No. 10512813. Although the claims at issue are not identical, they are not patentably distinct from each other because they are more broad and would have been anticipated.
Instant Application
Patent 10512813
Difference
1.A method of conducting concurrent group exercise using a multi-user mobile band station comprising: a) positioning a plurality of users around the perimeter of a multi-user mobile band station, the multi-user mobile band station further comprising: i. a central support stand having a first and a second end, the first end of the central support further defined as a top end and the second end of the central support further defined as a bottom end;ii. at least one attachment bar having a first and a second end, the at least one attachment bar attached to the central support stand, the at least one attachment bar is aligned along the length of the central support stand, the at least one attachment bar having at least two holes; iii. a base having a top surface and a bottom surface positioned at the bottom end of the central support, the base configured to provide support for the central support;b) attaching a first end of a plurality of resistance bands to one of the at least two holes positioned in the attachment bar of the multi-user mobile band station; and,c) engaging a second end of the at least one resistance band with each user of the plurality of users positioned around the perimeter of the multi-user mobile band station to allow each of the plurality of users to complete at least one exercise with the at least one resistance band substantially concurrently.
1.A method of conducting concurrent group exercise using a multi-user mobile band station comprising: a. positioning a plurality of users around the perimeter of a multi-user mobile band station, the multi-user mobile band station further comprising: i. a central support stand having a first and a second end, the first end of the central support stand further defined as a top end and the second end of the central support stand further defined as a bottom end; ii. at least one attachment bar having a first and a second end, the at least one attachment bar attached to the central support stand, the at least one attachment bar is aligned along the length of the central support stand, the at least one attachment bar having at least two holes, the at least two holes are fixed at different positions along the length of the attachment bar; iii. a base having a top surface and a bottom surface positioned at the bottom end of the central support stand, the base configured to provide support for the central support stand; b. attaching a first end of at least one resistance band of a plurality of resistance bands to one of the at least two holes positioned in the attachment bar of the multi-user mobile band station; and, c. engaging a second end of the at least one resistance band with each user of the plurality of users positioned around the perimeter of the multi-user mobile band station to allow each of the plurality of users to complete at least one exercise with at least one resistance band of the plurality of resistance bands substantially concurrently.
The instant application is more broad than Patent 10512813 in that it does not claim “the at least two holes are fixed at different positions along the length of the attachment bar;”
2.The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the at least one exercise is selected from group the consisting of an upright row, band pull apart, bicep curl, triceps extension, triceps pushdown, wrist curl,wrist extension, front deltoid raise, bent over lateral raise, squat to press, band crunch, band twisting crunch, trunk rotation, rows, arm extension, leg extension, calf raise, ankle eversion,stationary lunge, squat, shoulder press, or shoulder rotation.
3.The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the at least one exercise is selected from the group consisting of an upright row, band pull apart, bicep curl, triceps extension, triceps pushdown, wrist curl, wrist extension, front deltoid raise, bent over lateral raise, squat to press, band crunch, band twisting crunch, trunk rotation, rows, arm extension, leg extension, calf raise, ankle eversion, stationary lunge, squat, shoulder press, shoulder rotation and/or combinations therein.
The instant application lacks the limitation of “and/or combinations therein.”.
3.A method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the at least one resistance band attached to the attachment bar is at a height that is a different height than the height of another at least one resistance band attached to the attachment bar.
2. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the at least one resistance band attached to the attachment bar is at a height that is different than another at least one resistance band of the plurality of resistance bands attached to the attachment bar.
The instant application lacks “another at least one resistance band of the plurality of resistance bands”.
4. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the at least one exercise selected for at least one user of the plurality of users is the same for each user of the plurality of users.
4. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the at least one exercise selected for at least one user of the plurality of users is the same for each user of the plurality of users.
Same
6. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein an exercise instructor is positioned proximate the multi-user mobile band station to monitor exercise compliance of the at least one user of the plurality of users and an exercise instruction is deliverable from the exercise instructor.
6. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein an exercise instructor is positioned proximate the multi-user mobile band station to monitor exercise compliance of the at least one user of the plurality of users and an exercise instruction is deliverable from the exercise instructor.
Same
7. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the base is configured with a pair of hinged legs which is configured to be deployed for further support of the multi-user mobile band station.
7. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the base is configured with a pair of hinged legs which is configured to be deployed for further support of the multi-user mobile band station.
Same
8. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the attachment bar is configured with a plurality of holes to allow concurrent engagement with the plurality of exercise bands in support of the at least one exercise.
8. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the attachment bar is configured with a plurality of holes to allow concurrent engagement with a plurality of exercise bands in support of the at least one exercise.
Same
9. A multi-user mobile band station for use in exercising comprising:a) a central support stand having a first and a second end, the first end of the central support further defined as a top end and the second end of the central support further defined as a bottom end;b) at least one attachment bar having a first and a second end, the at least one attachment bar positioned at a side of the central support, the at least one attachment bar having at least two holes;c) a base having a top surface and a bottom surface positioned at the bottom end of the central support, the top surface of the base having at least one horizontal support leg;d) at least one attachment leg having a first end and a second end, the first end attached to the base and the second end configured for engagement with a ground or floor surface,e) wherein the at least one attachment leg is hinged at its first end for connection to the central support structure and the at least one attachment leg is configured to provide support for the central support stand.
10. A multi-user mobile band station for use in exercising comprising: a. a central support stand having a first and a second end, the first end of the central support stand further defined as a top end and the second end of the central support stand further defined as a bottom end; b. at least one attachment bar having a first and a second end, the at least one attachment bar positioned at a side and along the length of the central support stand, the at least one attachment bar having at least two holes, the at least two holes are fixed at different positions along the length of the attachment bar; c. a base having a top surface and a bottom surface positioned at the bottom end of the central support stand; d. at least one attachment leg having a first end and a second end, the first end of the at least one attachment leg attached to the base via a foldable bracket and the second end of the at least one attachment leg configured for engagement with a ground or floor surface, the at least one attachment leg configured to provide support for the central support stand; e. at least one resistance band configured to attach to the at least one attachment bar; wherein the at least one attachment leg is a pair of hinged legs is hinged at its first end for connection to the central support stand.
The instant application lacks “the at least two holes are fixed at different positions along the length of the attachment bar” and “the first end of the at least one attachment leg attached to the base via a foldable bracket and the second end of the at least one attachment leg configured for engagement with a ground or floor surface”
10. The multi-user mobile band station for use in exercising according to claim 9 wherein the base is configured with at least one set of wheels to support wheeled transport of the multi- user mobile band station.
12. The multi-user mobile band station for use in exercising according to claim 9, wherein the base is configured with at least one set of wheels to support wheeled transport of the multi-user mobile band station.
Same
11. The multi-user mobile band station for use in exercising according to claim 9 wherein the at least one attachment bar is linearly aligned along the length of the central support.
13. The multi-user mobile band station for use in exercising according to claim 9, wherein the at least one attachment bar is linearly aligned along the length of the central support stand.
Same
12. The multi-user mobile band station for use in exercising according to claim 9 wherein the at least two holes are linearly aligned along the length of the at least one attachment bar.
13. The multi-user mobile band station for use in exercising according to claim 9, wherein the at least one attachment bar is linearly aligned along the length of the central support stand.
Same
13. The multi-user mobile band station for use in exercising according to claim 10 wherein the at least one resistance band can be adjusted by attaching the at least one resistance band along the length of the at least one attachment bar.
14. The multi-user mobile band station for use in exercising according to claim 10, wherein the at least one resistance band is configured for vertical adjustment by attaching the at least one resistance band along the length of the at least one attachment bar.
The instant application lacks “for vertical adjustment by”
14.A multi-user mobile band station for use in exercising comprising:a) a central support stand having a first and a second end, the first end of the central support stand further defined as a top end and the second end of the central support stand further defined as a bottom end, the central support stand having a first, a second, a third and a fourth side, the first side is perpendicular to the second side, the second side is perpendicular to the third side, the third side is perpendicular to the fourth side;b) a plurality of attachment bars having a first and a second end, each attachment bar positioned at each side of the central support stand, each attachment bar configured with a plurality of holes along its vertical dimension;c) a base having a top surface and a bottom surface positioned at the bottom end of the central support, the top surface of the base having a first, a second, a third and a fourth horizontal support leg, the first horizontal support leg is perpendicular to the second horizontal support leg, the second horizontal support leg is perpendicular to the third horizontal support leg, the third horizontal support leg is perpendicular to the fourth horizontal support leg; and,d) a plurality of attachment legs having a first end and a second end, the first end of each attachment leg attached to the base and the second end of each attachment leg contacts the ground, the plurality of attachment legs configured to provide support for the central support stand.
15. A multi-user mobile band station for use in exercising comprising: a. a central support stand having a first and a second end, the first end of the central support stand further defined as a top end and the second end of the central support stand further defined as a bottom end, the central support stand having a first, a second, a third and a fourth side, the first side is perpendicular to the second side, the second side is perpendicular to the third side, the third side is perpendicular to the fourth side; b. a plurality of attachment bars having a first and a second end, each attachment bar positioned at each respective side and along a length of the central support stand, each attachment bar configured with a plurality of holes along a length of the attachment bar; c. a base having a top surface and a bottom surface positioned at the bottom end of the central support stand, the top surface of the base having a first, a second, a third and fourth horizontal receiver, the first horizontal receiver is perpendicular to the second horizontal receiver, the second horizontal receiver is perpendicular to the third horizontal receiver, the third horizontal receiver is perpendicular to the fourth horizontal receiver; and, d. a plurality of attachment legs having a first end and a second end, the first end of each attachment leg attached to the base and the second end of each attachment leg engaged with the ground or floor surface, the plurality of attachment legs configured to provide support for the central support stand; e. at least one resistance band configured to attach to at least one attachment bar of the plurality of attachment bars.
The instant application is more broad than the patent 10,512,813.
15. . The multi-user mobile band station for use in exercising according to claim 14 wherein at least one attachment bar of the plurality of attachment bars is linearly aligned along the length of the central support stand.
16. The multi-user mobile band station for use in exercising according to claim 15, wherein the at least one attachment bar is linearly aligned along the length of the central support stand.
Same
17. The multi-user mobile band station for use in exercising according to claim 14 wherein each horizontal support leg having a first end and a second end is configured to secure the attachment leg while in use.
18. The multi-user mobile band station for use in exercising according to claim 15, wherein each horizontal receiver having a first end and a second end is configured to secure the plurality of attachment legs while in use.
The different between the instant applications “support leg” and patent “receiver”.
Claim 1-8 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-8 of U.S. Patent No. 12134001. Although the claims at issue are not identical, they are not patentably distinct from each other because they are more broad and would have been anticipated.
Instant Application
Patent 12134001
Difference
1.A method of conducting concurrent group exercise using a multi-user mobile band station comprising: a) positioning a plurality of users around the perimeter of a multi-user mobile band station, the multi-user mobile band station further comprising: i. a central support stand having a first and a second end, the first end of the central support further defined as a top end and the second end of the central support further defined as a bottom end;ii. at least one attachment bar having a first and a second end, the at least one attachment bar attached to the central support stand, the at least one attachment bar is aligned along the length of the central support stand, the at least one attachment bar having at least two holes; iii. a base having a top surface and a bottom surface positioned at the bottom end of the central support, the base configured to provide support for the central support;b) attaching a first end of a plurality of resistance bands to one of the at least two holes positioned in the attachment bar of the multi-user mobile band station; and,c) engaging a second end of the at least one resistance band with each user of the plurality of users positioned around the perimeter of the multi-user mobile band station to allow each of the plurality of users to complete at least one exercise with the at least one resistance band substantially concurrently.
1. A method of conducting concurrent group exercise using a multi-user mobile band station comprising: a) positioning a plurality of users around the perimeter of a multi-user mobile band station, the multi-user mobile band station further comprising: i. a central support stand having a first and a second end, the first end of the central support stand further defined as a top end and the second end of the central support stand further defined as a bottom end; ii. at least one attachment bar having a first and a second end, the at least one attachment bar attached to the central support stand, the at least one attachment bar is aligned along the length of the central support stand, the at least one attachment bar having at least two holes; iii. a base having a top surface and a bottom surface positioned at the bottom end of the central support stand, the base configured to provide support for the central support stand; b) attaching a first end of a plurality of resistance bands to one of the at least two holes positioned in the attachment bar of the multi-user mobile band station; and, c) engaging a second end of the resistance bands with each user of the plurality of users positioned around the perimeter of the multi-user mobile band station to allow each of the plurality of users to complete at least one exercise with the at least one resistance band of the plurality of resistance bands substantially concurrently
The instant application is more broad than Patent 12134001 in that it is missing “stand” in parts of the claim and “of the plurality of resistance bands”.
2.The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the at least one exercise is selected from group the consisting of an upright row, band pull apart, bicep curl, triceps extension, triceps pushdown, wrist curl,wrist extension, front deltoid raise, bent over lateral raise, squat to press, band crunch, band twisting crunch, trunk rotation, rows, arm extension, leg extension, calf raise, ankle eversion,stationary lunge, squat, shoulder press, or shoulder rotation.
2. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the at least one exercise is selected from group the consisting of an upright row, band pull apart, bicep curl, triceps extension, triceps pushdown, wrist curl, wrist extension, front deltoid raise, bent over lateral raise, squat to press, band crunch, band twisting crunch, trunk rotation, rows, arm extension, leg extension, calf raise, ankle eversion, stationary lunge, squat, shoulder press, or shoulder rotation.
same
3.A method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the at least one resistance band attached to the attachment bar is at a height that is a different height than the height of another at least one resistance band attached to the attachment bar.
3. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the at least one resistance band attached to the attachment bar is at a height that is a different height than the height of another at least one resistance band attached to the attachment bar.
same
4. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the at least one exercise selected for at least one user of the plurality of users is the same for each user of the plurality of users.
4. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the at least one exercise selected for at least one user of the plurality of users is the same for each user of the plurality of users.
Same
6. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein an exercise instructor is positioned proximate the multi-user mobile band station to monitor exercise compliance of the at least one user of the plurality of users and an exercise instruction is deliverable from the exercise instructor.
6. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein an exercise instructor is positioned proximate the multi-user mobile band station to monitor exercise compliance of the at least one user of the plurality of users and an exercise instruction is deliverable from the exercise instructor.
Same
7. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1 wherein the base is configured with a pair of hinged legs which is configured to be deployed for further support of the multi-user mobile band station.
7. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the base is configured with a pair of hinged legs which is configured to be deployed for further support of the multi-user mobile band station.
Same
8. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the attachment bar is configured with a plurality of holes to allow concurrent engagement with the plurality of exercise bands in support of the at least one exercise.
8. The method of conducting concurrent group exercise using a multi-user mobile band station according to claim 1, wherein the attachment bar is configured with a plurality of holes to allow concurrent engagement with a plurality of exercise bands in support of the at least one exercise.
Same
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.
Claims 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mikulski (US 20150251039) in view of LaPointe (US 20050153794).
Regarding Claim 9, Mikulski teaches a multi-user mobile band station for use in exercising comprising: a) a central support stand 23 having a first and a second end, the first end of the central support stand further defined as a top end and the second end of the central support stand further defined as a bottom end (Refer to Fig. 2B); b) at least one attachment bar 21,22 having a first and a second end, the at least one attachment bar positioned at a side of the central support stand 23, the at least one attachment bar having at least two holes 24 (Refer to Fig. 2B); c) a base 31,32 (Refer to annotated Fig. 3 below) having a top surface and a bottom surface positioned at the bottom end of the central support 23, the top surface of the base having at least one horizontal support leg 31a,32a (Refer to Paragraph [0033]:” As shown in FIG. 3, the base unit 30 can include a generally L-shaped receiver bracket 31 having a horizontal section 31a, and a plurality of vertical sections 31b forming a socket/pocket area 31c for receiving the bottom end 23c of the truss frame 20 (see arrow c). The base unit also includes a second generally L-shaped bracket 32 having a horizontal section 32a and a single vertical section 32b.”).
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d) at least one attachment leg 35 having a first end and a second end, the first end attached to the base 31a,32a and the second end configured for engagement with a ground or floor surface, the at least one attachment leg configured to provide support for the central support stand (Refer to Paragraph [0033]:” A pair of padded covers 35 can be included with the system. The covers can include a shape and material that is suitable for being slid over the horizontal sections of the brackets 21 and 32, in order to provide a comforting surface for a device user.”..The padding 35 is considered a attachment leg for comfortable support of the base/stand on a surface). Mikulski teaches the claimed invention as noted above but fails to teach wherein the at least one attachment leg is hinged at its first end for connection to the central support stand structure. LaPointe teaches an exercise device comprising a central support stand 24 having, a base 4, at least one horizontal support leg, and at least one attachment leg 6 having a first end and a second end, the first end attached to the base 4 and the second end configured for engagement with a ground or floor surface, the at least one attachment leg configured to provide support for the central support stand (Refer to LaPointe annotated Fig. 4 below Paragraph [0016]) and is hinged at its first end for connection to the central support stand structure.
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LaPointe is analogous with Applicants invention in that they both teach base and stands to support devices for exercise and therefore it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the base 31,32 and attachment leg 35 of Mikulski to be in view of LaPointe such that the base comprises a horizontal support leg and at least one attachment leg 6 having a first end and a second end, the first end hingedly attached to the base 4 and the second end configured for engagement with a ground or floor surface, the at least one attachment leg configured to provide support for the central support stand for the purpose of being collapsible to provide a compact configuration for reducing space during storage/transportation (Refer to LaPointe Figs. 1-4 Paragraph [0016]).
Regarding Claim 10, Mikulski in view of LaPointe continues to teach wherein the base is configured with at least one set of wheels 34 to support wheeled transport of the multi- user mobile band station (Refer to LaPointe Fig. 4 Paragraph [0025] as modified for the purpose of transportation).
Regarding Claim 11, Mikulski in view of LaPointe continues to teach wherein the at least one attachment bar 21,22 is linearly aligned along the length of the central support stand 23 (Refer to Fig. 2A,B to depict that they are linearly aligned).
Regarding Claim 12, Mikulski in view of LaPointe continues to teach wherein the at least two holes 24 are linearly aligned along the length of the at least one attachment bar 21,22.
Regarding Claim 13, Mikulski in view of LaPointe continues to teach wherein the at least one resistance band 40 is configured to be adjusted by attaching the at least one resistance band along the length of the at least one attachment bar 21,22 (Refer to Fig. 5 Paragrpah [0037]:”As shown, each of the resistance bands can be secured onto a frame connection member, such as the illustrated hook 44 in an octopus configuration. As shown, the hook can include a pointed section 44a which can be inserted into any one of the apertures 24 of the truss frame. In addition to the above, each of the resistance bands can also be positioned within a protective sleeve/cover 70 (see FIG. 7), in order to prevent the bands from tangling or injuring a user should a breakage occur”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attach list of references cited.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784