DETAILED 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 .
New Grounds of Rejection
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.
Claims 1-4, 7-8, 10-12, and 15-18, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Sibhatu (US Pat. No. 10,286,249, May 14, 2019) in view of Felkel (US Pat. No. 9,061,173, Jun. 23, 2015).
Regarding claim 1, Sibhatu teaches a wearable resistance training system configured to be worn on a torso and a limb of a human body, comprising: a torso portion (i.e., body 20) configured to be worn on the torso of the human body, the torso portion including: a torso attachment portion (i.e., D-ring 52) including a front portion (i.e., front side 22), a back portion (i.e., rear side 24), and an adjustable strap 67 (see Fig. 3 below) configured to adjust a distance between the front portion 22 and the back portion 24, the back portion including a torso attachment portion 52 (see Fig. 2), and a belt 72 configured to secure the torso portion to the human body, the belt 72 including an adjustment portion (i.e., hook/loop adjustment, see Fig. 1 below)
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Sibhatu is silent in explicitly teaching a cuff including a cuff attachment portion; and a resistance band including a first end and a second end, each of the first end and the second end configured to be connected to one of the torso attachment portion and the cuff attachment portion to provide a resistance to a movement of the human body.
Felkel, however, in an analogous art teaches a wearable resistance training system 10 (see Fig. 1 and 5 below) configured to be worn on a torso and a limb of a human body, comprising: a torso portion (i.e., harness 30, see col. 2, lines 44-52) configured to be worn on the torso of the human body, the torso portion 30 including: a torso attachment portion (i.e., D-ring 38, see Figs. 1 and 5 below, and col. 2, lines 54-56) and a belt 20 configured to secure the torso portion 30 to the human body, the belt 20 including an adjustment portion (i.e., waist adjustment loop 26, see col. 2, lines 41-43); a cuff (i.e., glove 42 including a wrist band 70, see Fig. 4 below) configured to be attached to the limb of the human body, the cuff 42 including a cuff attachment portion 65 (see Fig. 1 and 4 below); and a resistance band 85 (see col. 3, lines 21-35) including a first end and a second end (i.e., ends defined where clips 87 located), each of the first end and the second end configured to be connected to one of the torso attachment portion 38 and the cuff attachment portion 65 (see Fig. 4 below) to provide a resistance to a movement of the human body.
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Sibhatu to include a cuff 42 including a cuff attachment portion 65; and a resistance band 85 including a first end and a second end, each of the first end and the second end configured to be connected to one of the torso attachment portion 52 and the cuff attachment portion 65 as taught by Felkel in order to provide a different attachment to limbs of the user and provide a resistance to a movement of the human body.
Regarding claim 2, Sibhatu teaches the wearable resistance training system of Claim 1, wherein the torso attachment portion 52 includes a member selected from the group consisting of an eyelet, a grommet, a loop, a ring, a D-ring 52 (see Sibhatu, col. 2, lines 37-50), and an O-ring.
Regarding claim 3, Sibhatu teaches the wearable resistance training system of Claim 1, wherein the torso portion 20 includes a plurality of torso attachment portions (i.e., each attachment point at a select D-ring 52, see Fig. 1 and 5 above).
Regarding claim 4, Sibhatu teaches the wearable resistance training system of Claim 3, wherein the plurality of torso attachment portions (i.e., attachment portions at D-ring 38) is vertically oriented (see Sibhatu, Figs. 1 and 5 above).
Regarding claim 7, Sibhatu teaches the wearable resistance training system of Claim 1, wherein the torso attachment portion 52 is disposed centrally on the back portion (see Sibhatu, Fig. 2 below).
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Regarding claim 8, Sibhatu teaches the wearable resistance training system of Claim 1, wherein the torso portion 30 comprises a vest having a lining (i.e., surface defining an outer lining, see Fig. 1-2 and 5 above) and the torso attachment portion 52 disposed on the lining, the lining facilitating keeping the torso portion 20 securely in place on the human body (.
Regarding claim 10, Sibhatu as modified by Felkel teaches the wearable resistance training system of Claim 1, wherein the cuff 42 further includes an adjustable portion (i.e., strap 72, see Felkel, col. 3, lines 9-20).
Regarding claim 11, Sibhatu as modified by Felkel teaches the wearable resistance training system of Claim 1, wherein the cuff 42 further includes a strap 72 (see Felkel, col. 3, lines 9-20) configured to secure the cuff to the limb of the human body.
Regarding claim 12, Sibhatu as modified by Felkel teaches the wearable resistance training system of Claim 11, wherein the strap 72 includes an adjustable portion (i.e., adjustable via hook loop fasteners 76/77, see Felkel, col. 3, lines 13-20).
Regarding claim 15, Sibhatu as modified by Felkel teaches the wearable resistance training system of Claim 1, wherein the first end and the second end of the resistance band 85 each includes a member selected from a group consisting of a hook 87 (see Felkel, col. 3, lines 21-26), a hook and loop fastener, and a carabiner.
Regarding claim 16, Sibhatu as modified by Felkel teaches the torso attachment portion 52 includes: a member selected from the group consisting of an eyelet, a grommet, a loop, a ring, a D-ring 38 (see Sibhatu, col. 2, lines 37-50), and an O-ring; the cuff 42 includes: a strap 72 (see Felkel, col. 3, lines 9-20), the strap 72 includes an adjustable portion (i.e., adjustable via hook loop fasteners 76/77, see Felkel, col. 3, lines 13-20) and is configured to secure the cuff 42 to the limb of the human body; and the first end and the second end of the resistance band 85 each includes: a member selected from a group consisting of a hook 87 (see Felkel, col. 3, lines 21-26), a hook and loop fastener, and a carabiner.
Regarding claim 17, Sibhatu teaches a method for resistance training a torso and a limb of a human body, the method comprising: providing a wearable resistance training system 10 (see Fig. 1 and 5 above) configured to be worn on the torso and the limb of the human body, wherein the wearable resistance training system includes: a torso portion (i.e., body 20) configured to be worn on the torso of the human body, the torso portion including: a torso attachment portion (i.e., D-ring 52) including a front portion (i.e., front side 22), a back portion (i.e., rear side 24), and an adjustable strap 67 (see Fig. 3 above) configured to adjust a distance between the front portion 22 and the back portion 24, the back portion including a torso attachment portion 52 (see Fig. 2), and a belt 72 configured to secure the torso portion to the human body, the belt 72 including an adjustment portion (i.e., hook/loop adjustment, see Fig. 1 above), and attaching the torso portion 20 to the torso of the human body (see Figs. 1 and 5 above)
Sibhatu is silent in explicitly teaching a cuff including a cuff attachment portion; and a resistance band including a first end and a second end, each of the first end and the second end configured to be connected to one of the torso attachment portion and the cuff attachment portion to provide a resistance to a movement of the human body; attaching the cuff to the limb of the human body and coupling the cuff to the torso attachment 52 using the resistance band to provide resistance to the movement of the limb of the human body.
Felkel, however, in an analogous art teaches a wearable resistance training system 10 (see Fig. 1 and 5 above) configured to be worn on a torso and a limb of a human body, comprising: a torso portion (i.e., harness 30, see col. 2, lines 44-52) configured to be worn on the torso of the human body, the torso portion 30 including: a torso attachment portion (i.e., D-ring 38, see Figs. 1 and 5 below, and col. 2, lines 54-56) and a belt 20 configured to secure the torso portion 30 to the human body, the belt 20 including an adjustment portion (i.e., waist adjustment loop 26, see col. 2, lines 41-43); a cuff (i.e., glove 42 including a wrist band 70, see Fig. 4 below) configured to be attached to the limb of the human body, the cuff 42 including a cuff attachment portion 65 (see Fig. 1 and 4 below); and a resistance band 85 (see col. 3, lines 21-35) including a first end and a second end (i.e., ends defined where clips 87 located), each of the first end and the second end configured to be connected to one of the torso attachment portion 38 and the cuff attachment portion 65 (see Fig. 4 below) to provide a resistance to a movement of the human body.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device and method of Sibhatu to include a cuff 42 including a cuff attachment portion 65; and a resistance band 85 including a first end and a second end, each of the first end and the second end configured to be connected to one of the torso attachment portion 52 and the cuff attachment portion 65 and attaching the cuff 42 to the limb of the human body and coupling the cuff 42 to the torso attachment portion using the resistance band as taught by Felkel in order to provide a different attachment to limbs of the user and provide a resistance to a movement of the human body.
Regarding claim 18, Sibhatu as modified by Felkel teaches the method of Claim 17, wherein: the cuff 42 is comprised by a plurality of cuffs (i.e., gloves for right/left hands); the resistance band 85 is comprised by a plurality of resistance bands (see Fig. 1 above); the torso attachment portion is comprised by a plurality of torso attachment portions; and the method further comprises: attaching another cuff 42 to another limb of the human body (i.e., attaching left/right gloves); coupling another cuff to another torso attachment portion using another resistance band 85 to provide resistance to the movement of the another limb of the human body; and moving the human body over a range of movements associated with a sport.
Regarding claim 20, Sibhatu teaches a kit for a wearable resistance training system configured to be worn on a torso and limbs of a human body, the kit comprising: a torso portion (i.e., body 20) configured to be worn on the torso of the human body, the torso portion including: a front portion (i.e., front side 22), a back portion (i.e., rear side 24), and an adjustable strap 67 (see Fig. 3 below) configured to adjust a distance between the front portion 22 and the back portion 24, a plurality of torso attachment portions (i.e., D-ring 52) including one torso attachment portion 52 (see Fig. 2) at the back portion 24, and a belt 72 configured to secure the torso portion to the human body, the belt 72 including an adjustment portion (i.e., hook/loop adjustment, see Fig. 1 below)
Sibhatu is silent in explicitly teaching a plurality of cuffs each cuff including a cuff attachment portion; and plurality of resistance bands, each resistance band including a first end and a second end configured to be connected to one of the torso attachment portion 52 and one of the cuff attachment portions, each resistance band configured to provide a resistance to a movement of the limb of the human body when attached to the respective cuff.
Felkel, however, teaches a kit for a wearable resistance training system 10 configured to be worn on a torso and limbs of a human body, the kit comprising: a torso portion 30 configured to be worn on the torso of the human body, the torso portion 30 including: a plurality of torso attachment portions (i.e., D-ring 38, see Figs. 1 and 5 above, and col. 2, lines 54-56), and a belt 20 configured to secure the torso portion 30 to the human body, the belt including an adjustment portion (i.e., waist adjustment loop 26, see col. 2, lines 41-43); a plurality of cuffs 42 (i.e., glove 42 including a wrist band 70, see Figs. 1 and 4 above), each cuff 42 configured to be attached to one of the limbs of the human body, each cuff including a cuff attachment portion 65 (see Fig. 1 and 4 above); and a plurality of resistance bands 85, each resistance band 85 including a first end and a second end configured to be connected to one of the torso attachment portions 38 and one of the cuff attachment portions 65, each resistance band 85 (see col. 3, lines 29-35) configured to provide a resistance to a movement of the limb of the human body when attached to the respective cuff 42.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Sibhatu to include a plurality of cuffs 42 each including a cuff attachment portion 65; and a plurality of resistance bands 85 each including a first end and a second end, each of the first end and the second end configured to be connected to one of the torso attachment portion 52 and the cuff attachment portion 65 as taught by Felkel in order to provide a different attachment to limbs of the user and provide a resistance to a movement of the human body.
Regarding claim 21, Sibhatu as modified by Felkel teaches the kit of Claim 20, wherein the plurality of resistance bands includes resistance bands (see Felkel, col. 3, lines 29-35) of at least two different resistance levels, each resistance band configured to provide a different level of resistance to the movement of the human body.
Regarding claim 22, Sibhatu teaches the wearable resistance training system of Claim 3, wherein the plurality of torso attachment portions 52 is disposed along an outer edge of the torso portion extending from a shoulder region of the human body downward to a waist region of the human body (see Sibhatu, Fig. 1 above).
Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sibhatu in view of Felkel, as applied to claims 1, further in view of Schreiber et al. (US PG Pub. No. 2019/0143166, May 16, 2019) (herein “Schreiber”).
Sibhatu in view of Felkel teaches the invention as substantially claimed.
Regarding claim 9, Sibhatu in view of Felkel teaches the wearable resistance training system of Claim 1, but is silent in explicitly teaching wherein the cuff 42 is configured to attach to an article of footwear.
Schreiber, however, in an analogous art teaches a resistance training system having a cuff (i.e., shoe or shoe insert, see Figs. 9 and 20 below) for attaching to resistance bands, wherein the cuff is configured to attach to an article of footwear. (see Schreiber, Figs. 9 and 20 and paras. [0090],[0134]).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Sibhatu in view of Felkel to include a cuff configured to attach to an article of footwear as taught by Schreiber in order to exercise a user’s lower body when attached to resistance bands.
Regarding claim 14, Sibhatu in view of Felkel teaches the wearable resistance training system of Claim 11, but is silent in explicitly teaching wherein the strap is configured to extend around an article of footwear.
Schreiber, however, in an analogous art teaches a resistance training system having a cuff (i.e., shoe or shoe insert, see Figs. 9 and 20 above) for attaching to resistance bands, wherein the cuff has a strap 63 configured to extend around an article of footwear. (see Schreiber, Fig. 9 above and para. [0090]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Felkel to include a cuff
configured to extend around an article of footwear as taught by Schreiber in order to exercise a user’s lower body when attached to resistance bands.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Sibhatu in view of Felkel, as applied to claim 1, further in view of Gutkowski et al. (US Pat. No. 5,813,955, Sept. 29, 1998) (herein “Gutkowski”).
Sibhatu in view of Felkel teaches the invention as substantially claimed.
Regarding claim 13, Sibhatu in view of Felkel teaches the wearable resistance training system of Claim 11, but is silent in explicitly teaching wherein the strap is configured to extend around a thumb of the human body.
Gutkowski, however, in an analogous art teaches a cuff 200 having a strap 218 is configured to extend around a thumb of the human body (see Gutkowski, Fig. 1 and 5below).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Sibhatu in view of Felkel with an alternative cuff having a strap 218 configured to extend around a thumb of the human body as taught by Gutkowski in order to provide an alternative cuff that serves equally well in securing to the hand of a user to perform arm exercises.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Sibhatu in view of Felkel, as applied to claim 1, further in view of Alderidge et al. (US Pat. No. 2014/0342884, Nov. 20, 2014) (herein “Alderidge”) and HE et al. (US Pat. No. 2025/0152992, effectively filed Nov. 14, 2023) (herein “HE”)
Sibhatu in view of Felkel teaches the invention as substantially claimed.
Regarding claim 23, Sibhatu is silent in explicitly teaching the wearable resistance training system of Claim 8, wherein the vest is formed from a moisture-wicking fabric.
Alderidge, however, in an analogous art teaches an exercise vest made from moisture-wicking fabric (see para. [0080], and Fig. 12A)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Sibhatu such that the lining vest is formed from a moisture-wicking fabric as taught by Alderidge in order to provide a comfortable, breathable, wicking fabric suitable for exercise (see para. [0080]).
Sibhatu further in view of Alderidge is still silent in explicitly teaching that the lining includes a friction-enhancing material selected from the group consisting of silicone pads, textured rubber pads, and anti-slip fabric.
HE, however, in an analogous art of wearable exercise devices, teaches a vest having an inner lining layer that contacts the user’s body having an anti-slip strip or silicone strip to enhance an anti-slip effect when worn on a user’s body (see HE, para. [0058], and Fig. 1)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Sibhatu such that the lining includes a friction-enhancing material selected from the group consisting of silicone pads, textured rubber pads, and anti-slip fabric as taught by HE in order to better secure the vest onto the body of the user.
Response to Arguments
Applicant’s arguments filed on 06/19/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW S LO/Primary Examiner, Art Unit 3784
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