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 .
Response to Amendments
Claim 1 has been amended by applicant. Claims 12 and 17-19 have been cancelled by applicant. Claims 21-24 are newly added by applicant.
In light of the amendments made by applicant, the examiner withdraws the double patenting rejection for claim 1 and the drawing objection.
Claims 1-11, 13-16, and 20-24 are rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/22/2025 was filed after the mailing date of the Amendment/Request for Reconsideration-After Non-Final Rejection on 08/13/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
Claim 24 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 24 recites “a first thickness of the elastic band is in a range between 0.5 cm and 3 cm when the elastic band in a relaxed state”. However, in paragraph 0070 of the specification, “In some embodiments each respective elastic band in the one or more elastic bands has a thickness of at least 1 cm and a length of between 180 centimeters and 220 centimeters when the respective elastic band is in an unextended state. In some embodiments each respective elastic band in the one or more elastic bands has a thickness of at least 1 cm, at least 1.5 cm, at least 2 cm, at least 2.5 cm, or at least 3.0 cm and a length of between 100 centimeters and 220 centimeters or between 100 centimeters and 280 centimeters when the respective elastic band is in an unextended state.” There is nowhere in the specification that recites the elastic band being anything less than 1 cm unlike that recited in claim 24.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 13 recites “wherein the first cylindrical end cap and the second cylindrical end cap are attached to the metal center shaft”. However, claim 1 recites in line 3, “a first cylindrical end cap connected to a first end portion of the metal center shaft”, and in line 4, “a second cylindrical end cap connected to a second end portion of the metal center shaft”. Claim 13 is broader than the limitations recited in claim.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-5, 8, 11, 13-16, 20-21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over anticipated over Chen (U.S. Patent No. US8033964B1), in view of Nilsson (Youtube: X3 Bar Review – Portable, Heavy-Resistance Band Training on the road or at home; https://www.youtube.com/watch?v=ikYqDtFxPfc).
Regarding claim 1, Chen shows exercise bar (Chen, dumbbell assembly, col. 2, line 5) comprising a metal center shaft (Chen, rod 2, see FIG. 1); a first cylindrical end cap (Chen, reception member 12, col. 2, line 10, see annotated FIG. 1 below) connected to a first end portion of the metal center shaft (Chen, see FIG. 3 below); a second cylindrical end cap (Chen, reception member 12, col. 2, line 10, see annotated FIG. 1 below) connected to a second end portion of the metal center shaft (Chen, see FIG. 3 below).
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Although Chen discloses in col. 2, lines 35-50, “Multiple weight members 4 connected to the wings 32 of the rotary units 3 and each of the weight members 4 has an engaging protrusion 41… The rotation of the wings 32 and the weight members 4 generate centrifugal forces to the user's arms and the centrifugal forces exercise the user's muscles”, Chen fails to explicitly show a first band arm comprising a first hook region that removably receives a first portion of an elastic band, wherein the first band arm is fitted onto the first end portion of the metal center shaft through fixed attachment to the first cylindrical end cap, and the first hook region of the first band arm comprises (i) a first gap configured to receive the first portion of the elastic band and (ii) a first length of a lower end portion of the first hook region is both greater than or equal to a first width of the elastic band and greater than or equal to a first length of the first cylindrical end cap; and a second band arm comprising a second hook region that removably receives a second portion of the elastic band, wherein the second band arm is fitted onto the second end portion of the metal center shaft through fixed attachment to the second cylindrical end cap, and the second hook region of the second band arm comprise (i) a second gap configured to receive the second portion of the elastic band and (ii) a second length of a lower end portion of the second hook region is both greater than or equal to a second width of the elastic band and greater than or equal to a second length of the second cylindrical end cap.
However, Nilsson, from the same field of endeavor, teaches a first band arm (Nilsson, see annotated screenshot below; One of the hooks discussed at 0:30 show the first arm band) comprising a first hook region (Nilsson, see annotated screenshot below) that removably receives a first portion of an elastic band (Nilsson; At 2:12-2:15, the video discloses to “hook the band right into these hooks”. At 3:51, the video shows the bands being removed from the hooks), and the first hook region of the first band arm comprises (i) a first gap (Nilsson, see annotated screenshot below) configured to receive the first portion of the elastic band (Nilsson, see annotated screenshot below) and (ii) a first length of a lower end portion of the first hook region is both greater than or equal to a first width of the elastic band (Nilsson, see annotated screenshot below); and a second band arm (Nilsson, see annotated screenshot below; One of the hooks discussed at 0:30 show the second arm band) comprising a second hook region (Nilsson, see annotated screenshot below) that removably receives a second portion of the elastic band (Nilsson; At 2:12-2:15, the video discloses to “hook the band right into these hooks”. At 3:51, the video shows the bands being removed from the hooks), and the second hook region of the second band arm comprise (i) a second gap (Nilsson, see annotated screenshot below) configured to receive the second portion of the elastic band (Nilsson, see annotated screenshot below) and (ii) a second length of a lower end portion of the second hook region is both greater than or equal to a second width of the elastic band (Nilsson, see annotated screenshot below).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the rotary units of Chen with the hooks of Nilsson in order to provide a connection for elastic bands as shown by Nilsson, which provide versatility in exercises performed with the dumbbell assembly of Chen. This modification therefore teaches, the first band arm is fitted onto the first end portion of the metal center shaft through fixed attachment to the first cylindrical end cap, and wherein the second band arm is fitted onto the second end portion of the metal center shaft through fixed attachment to the second cylindrical end cap as Chen discloses for the rotary units, in col. 2, lines 24-27, “Each of the rotary units 3 has a fixing member 34 which extends through the wing 32 of the rotary unit 3 and is fixedly connected to the pivotal end 21 of the rod 2”. More specifically, as the rotary units of Chen were mounted into the corresponding notches labeled above in FIGS. 3 and 4 of Chen, it would be obvious for the first ends of the hooks of Nilsson to be mounted into the respective notches identified in Chen in FIGS. 3 and 4 above. It is well known in the art that both weights and elastic bands, like those shown by Nilsson, are types of resistance that a person may use to exercise muscles, making this modification obvious. The overall structure of Chen and Nilsson are similar, making this modification obvious. Moreover, it would have been obvious for one of ordinary skill in the art to specify the hooks as taught by Nilsson to have a length greater than or equal to the width of the resistance band, also taught by Nilsson, as Nilsson shows this in the video and to ensure the engagement between the resistance band and the hooks taught by Nilsson.
Furthermore, it would be obvious for the hooks of Nilsson to also be a greater length than that of the reception member of Chen, since the hooks of Nilsson already show a greater length of the hooks than that of the comparable end caps. Therefore, in light of this modification, Chen, in view of Nilsson teaches the first length being greater than or equal to a first length of the first cylindrical end cap, and the second length being greater than or equal to a second length of the second cylindrical end cap.
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Regarding claim 2, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the first cylindrical end cap comprises a first bore hole (Chen, see annotated FIG. 1), the second cylindrical end cap comprises a second bore hole (Chen, see annotated FIG. 1), and the metal center shaft comprises a first end portion fitted through the first bore hole of the first cylindrical end cap (Chen, see annotated FIGS. 1 and 3 below) and a second end portion fitted through the second bore hole of the second cylindrical end cap (Chen, see annotated FIGS. 1 and 3 below).
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Regarding claim 3, Chen, in view of Nilsson, teaches the exercise bar of claim 2, wherein the first bore hole is disposed along a central axis of the first cylindrical end cap (Chen, see annotated FIG. 3 below).
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Regarding claim 4, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the exercise bar further comprises a first handle bearing (Chen, two bearings 15, col. 2, line 4) comprising an inner circumferential surface (Chen, see annotated FIG. 4) and an outer circumferential surface (Chen, see annotated FIG. 4), and wherein the first end portion of the metal center shaft is fitted through the first handle bearing with the metal center shaft contacting the inner circumferential surface of the first handle bearing (Chen, see annotated FIG. 3).
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Regarding claim 5, Chen, in view of Nilsson, teaches the exercise bar of claim 4, wherein the first handle bearing comprises a ball, a needle, a roller, a bushing, a bearing (Chen, “The two bearings 15 are received in the two spaces 14. A rod 2 is rotatably received in the tube 1 and includes two pivotal ends 21 on the two ends thereof. The pivotal ends 21 extend through the connection ends 11 and the bearings 15 are connected to the pivotal ends 21”, col. 2, lines 10-18), or a combination thereof.
Regarding claim 8, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the first band arm is fixedly attached to the first cylindrical end cap (As disclosed in the modification paragraph of claim 1, the first band arm is fitted onto the first end portion of the metal center shaft through fixed attachment to the first cylindrical end cap, and wherein the second band arm is fitted onto the second end portion of the metal center shaft through fixed attachment to the second cylindrical end cap as Chen discloses for the rotary units, in col. 2, lines 24-27, “Each of the rotary units 3 has a fixing member 34 which extends through the wing 32 of the rotary unit 3 and is fixedly connected to the pivotal end 21 of the rod 2”. More specifically, as the rotary units of Chen were mounted into the corresponding notches labeled above in FIGS. 3 and 4 of Chen, it would be obvious for the first ends of the hooks of Nilsson to be mounted into the respective notches identified in Chen in FIGS. 3 and 4 above).
Regarding claim 11, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the metal center shaft comprises a circumferential exterior surface extending along a longitudinal axis of the exercise bar (Chen, see annotated FIG. 1).
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Regarding claim 13, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the first cylindrical end cap and the second cylindrical end cap are attached to the metal center shaft (Chen, see FIG. 3).
Regarding claim 14, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the metal center shaft comprises a longitudinal axis extending from the first cylindrical end cap to the second cylindrical end cap (Chen, see annotated FIG. 3).
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Regarding claim 15, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the first band arm and the second band arm each comprise a metal or metal alloy (Nilsson; At 9:40-9:50 in the video, the person discloses the device to be made of solid steel. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to specify the hooks of the modified dumbbell assembly of Chen to be metal as Chen fails to disclose any preferred material for the components of the dumbbell assembly. Both Chen and Nilsson disclose comparable handheld weightlifting devices with comparable components and arrangement of components. As the hooks of Nilsson have been used to modify the dumbbell assembly of Chen, and Nilsson discloses the X3 bar to be made of solid steel, it would be obvious to specify the hooks are also made of solid steel to preserve the structural integrity of the modified dumbbell assembly of Chen).
Regarding claim 16, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the exercise bar further comprises a handle tube (Chen, tube 1, col. 2, line 6) comprising a longitudinal interior bore (Chen, “rod 2 is rotatably received in the tube 1”, col. 2, line 15, see annotated FIG. 1) configured to accommodate the metal center shaft (Chen, see annotated FIG. 1).
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Regarding claim 20, Chen, in view of Nilsson, teaches an exercise kit comprising: the exercise bar of claim 1; and one or more elastic bands.
Chen as modified fails to disclose a base having a bottom face, wherein the bottom face includes a groove; and one or more elastic bands, wherein each respective elastic band in the one or more elastic bands is configured to removably couple the base to the exercise bar by fitting the respective elastic band into the groove of the base and through the first band arm and the second band arm.
However, Nilsson teaches a base having a bottom face (Nilsson, see annotated screenshot below; The platform/plate is explained in the video of Nilsson from 1:27 and shown using the X3 bar with bands while also providing instructions, “This platform, I’ll give you a close-up of this too, has voila this has a groove cut into the bottom so that you will actually be using this to stand on while you have the band underneath the plate, so instead of standing on top of the band, you’re standing on top of the plate… Take your light band, or whatever band, you’re going to use. Set your plate your foot plate directly on top of it. Then you’re just going to hook the band right into those hooks”), wherein the bottom face includes a groove (Nilsson, The video discloses starting from 1:27, “This platform, I’ll give you a close-up of this too, has voila this has a groove cut into the bottom so that you will actually be using this to stand on while you have the band underneath the plate, so instead of standing on top of the band, you’re standing on top of the plate”); wherein each respective elastic band in the one or more elastic bands is configured to removably couple the base to the exercise bar by fitting the respective elastic band into the groove of the base and through the first band arm and the second band arm (Nilsson, see annotated screenshot below).
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Regarding claim 21, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein a surface of the first hook region associated with the first length is configured to remain substantially perpendicular to gravity (Chen, see screenshot below).
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Regarding claim 23, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the first band arm is fitted onto the first end portion of the metal center shaft at a first portion of an exterior surface of the first cylindrical end cap (As noted above in claim 1, Chen discloses for the rotary units, in col. 2, lines 24-27, “Each of the rotary units 3 has a fixing member 34 which extends through the wing 32 of the rotary unit 3 and is fixedly connected to the pivotal end 21 of the rod 2”. More specifically, as the rotary units of Chen were mounted into the corresponding notches labeled above in FIGS. 3 and 4 of Chen, it would be obvious for the first ends of the hooks of Nilsson to be mounted into the respective notches identified in Chen in FIGS. 3 and 4 above. This modification by Nilsson teaches this arrangement of the claimed invention) and the first hook region forms the first gap through an end portion of the first hook region and a second portion of the exterior surface of the first cylindrical end cap opposite the first portion of the exterior surface of the first cylindrical end cap (As seen in the screenshot below of the hooks and the bar of the X3 bar of Nilsson, there is a gap between the free end of the hook and the end cap of Nilsson. The hooks of Nilsson have a similar arrangement with the tube of the dumbbell assembly of Chen, thereby teaching this arrangement of the claimed invention).
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Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Patent No. US8033964B1), in view of Nilsson (Youtube: X3 Bar Review – Portable, Heavy-Resistance Band Training on the road or at home; https://www.youtube.com/watch?v=ikYqDtFxPfc), as applied to claim 1 above, and further in view of Burkinshaw (PG Patent Publication US20170296861A1).
Regarding claim 6, Chen, in view of Nilsson, teaches the exercise bar of claim 1, wherein the exercise bar is configured to support a load (Chen discloses in col. 2, lines 45-48, “When using the dumbbell assembly, the user holds the tube 1 and rotated his/her arms so that the rod 2 is rotated relative to the tube 1, and the wings 32 together with the weight members 4 are rotated”. In light of the modification by Nilsson, replacing the weight members with resistance bands, the modified dumbbell assembly of Chen teaches the exercise bar being configured to support a load).
Chen and Nilsson fail to teach the load specifically being of at least 250 pounds.
However, Burkinshaw, a teaching reference showing a similar problem of applying a load to a user that is exercising with resistance bands, teaches the load specifically being of at least 250 pounds (Burkinshaw, “the at least one releasably attachable elastic band 900 comprises an elastic tension ranging from about: 1.0-5.0 lbs.; 2.0-10.0 lbs.; 5.0-15.0 lbs.; 10.0-20.0 lbs.; 15.0-30.0 lbs.; 20.0-40.0 lbs.; 25.0-50.0 lbs.; 30.0-60.0 lbs.; 35.0-70.0 lbs.; 40.0-80.0 lbs.; 45.0-90.0 lbs.; 50.0-100.0 lbs.; 60.0-120.0 lbs.; 75.0-150.0 lbs.; 100.0-200.0 lbs.; 150.0-250.0 lbs.; 200.0-400.0 lbs.; and from about 1.0-400 lbs”, paragraph 0236; The elastic tension of the at least one releasably attachable elastic bands of Burkinshaw ranging from 1-400 lbs teaches the load being of at least 250 pounds of the claimed invention).
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the resistance bands of the modified dumbbell assembly of Chen to specifically provide a load of at least 250 pounds as Burkinshaw discloses a range of elastic tension for the at least one releasably attachable elastic bands to be 1-400 lbs. Chen fails to specify an exact range for the load of the dumbbell assembly, and it is well known in the art to provide ranges for weights/loads an exercise device is capable of providing different weight loads.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Patent No. US8033964B1), in view of Nilsson (Youtube: X3 Bar Review – Portable, Heavy-Resistance Band Training on the road or at home; https://www.youtube.com/watch?v=ikYqDtFxPfc), as applied to claim 1 above, and further in view of Kokakis (PG Patent Publication No. US2018/0125746A1).
Regarding claim 9, Chen, in view of Nilsson, teaches the exercise bar of claim 1, including the exercise bar and the first cylindrical end cap. Chen also discloses in col. 2, lines 20-24, “Two rotary units 3 are respectively connected to two ends of the rod 2 and each rotary unit 3 has a wing 32. Each of the rotary unit 3 comprises a protrusion 31 which is in contact with a side of the rotary unit 3 so that the pivotal end 21 of the rod 2 is connected to the protrusion 31”.
Chen and Nilsson fail to teach a cover removably coupled to the first cylindrical end cap.
However, Kokakis teaches a cover removably coupled to the first cylindrical end cap (Koakis, “Each handle (3) has a cap (2) shown in FIG. 1, at its top end for adding accessories that add weight. The top of the handle (3) in FIG. 1 has a closing cap (2) and its preferred embodiments are made up of male or female threads for removal. However, it should be appreciated by one skilled in the art that any releasably attachable mechanism may be utilized to connect the closing cap (2) with the handle (3) without departing from the scope of the present invention”, paragraph 0028, FIG. 1).
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Kokakis also discloses “The fitness roller (8) shows the weighted insert (9) may be added for more durability and strength but it is not a requirement. The insert (9) may be added for additional weight or removed to make use of the compartments for other fitness accessories. However, it should be appreciated by one skilled in the art that the fitness roller (8) and weighted inserts (9) can be utilized in any combination desired without departing from the scope of the present invention” (Kokakis, paragraph 0024).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the closing cap of Kokakis to the reception member 12 of Chen in order for the pivotal end of the rod to connect to the protrusion and seal the connections between the reception member, the bearing, and the hook since the rotary units, including the protrusion was replaced with the hooks of Nilsson.
Regarding claim 10, Chen, in view of Nilsson and Kokakis, teaches the exercise bar of claim 9, wherein an exterior surface of the first cylindrical end cap is configured to accommodate the cover (In light of the modified dumbbell assembly of Chen, by Nilsson and Kokakis, the reception member of Chen, which shows the first cylindrical end cap, shows this intended use of accommodating the cover, taught by Kokakis).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Patent No. US8033964B1), in view of Nilsson (Youtube: X3 Bar Review – Portable, Heavy-Resistance Band Training on the road or at home; https://www.youtube.com/watch?v=ikYqDtFxPfc), as applied to claim 1 above, and further in view of Luckadue (PG Patent Publication No. US20080287272A1).
Regarding claim 7, Chen, in view of Nilsson, teaches the exercise bar of claim 1, including the first cylindrical end cap and the first band arm.
Chen and Nilsson fail to teach comprises a second bore hole configured to accommodate the first band arm.
However, Luckadue, from the same field of endeavor, discloses in paragraph 0018, “A plurality of handles 104 may be attached to the frame member 102, and a rotatable terminating end (end cap) member 106 may be positioned on each terminating end 107 of the frame member 102. The rotatable terminating end member 106 may further include an attachment member 108. The attachment member may be a snap, a clip, a tie back, a Velcro assembly, or any other mechanical or magnetic device configured to secure a weight to the rotatable terminating end member 106”. Luckadue continues to disclose in paragraph 0024, “Generally, the attachment member 108 of the exercise apparatus 100 is mounted on the terminating in 106, which is rotatably mounted to the frame member 102 of the exercise apparatus 100. Thus, the configuration of the rotatably mounted terminating end 106 allows for the weight 200 to rotate about the longitudinal axis 202 of the exercise apparatus 100”. The rotatable terminating end members of Luckadue are comparable to the reception members of reception members of Chen. The position of the attachment members of Luckadue are comparable to the hooks of Nilsson.
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the hooks of the modified dumbbell assembly of Chen to be disposed on the same side of the rod of Chen, and consequently require second bore holes for receiving the hooks, as both the modified dumbbell assembly of Chen and Luckadue disclose the same overall arrangement of components and function. Luckadue discloses exercising with the resistance bands in the same manner as that of Nilssen, “The user may then move the exercise apparatus 100 in a direction that causes the bands 112 to stretch, which causes resistance to the user as a result of the bands 112 stretching. Similarly, the user may move the exercise apparatus in a direction that decreases the stretching of the bands 112 while simultaneously resisting the movement. The resistance provided by the band 112 provides exercise to the user. This configuration may be used, for example, by the user to do bicep curls” (Luckadue, paragraph 0027). It would be obvious to remove the hooks of the modified dumbbell assembly of Chen from the notches into respective second bore holes to be disposed on the same side so that the hooks of the modified dumbbell assembly are on the same side as seen in FIG. 1 of Luckadue. See MPEP2144.04.VI (Making Portable, Integral, Separable, Adjustable, or Continuous).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Patent No. US8033964B1), in view of Nilsson (Youtube: X3 Bar Review – Portable, Heavy-Resistance Band Training on the road or at home; https://www.youtube.com/watch?v=ikYqDtFxPfc), as applied to claim 1 above, and further in view of Amazon – Myosource Space Saver Gym Resistance Bands Exercise Equipment for at Home Fitness Workout (See link at end of office action due to its length).
Regarding claim 22, Chen, in view of Nilsson, teaches the exercise bar of claim 1, including the first length.
Chen and Nilsson fail to teach the first length being in a range between 5 centimeters (cm) and 30 cm, inclusive.
However, Myosource, from the same field of endeavor, discloses a space saving home gym with adjustable stainless steel hook/railcar that is reinforced with nylon and fiberglass for extreme durability, set of 10 screws, a mounting bracket, and rubber washers. As noted on page 5, “Easily slide the rail car in 2 inch increments to adjust the height with the touch of a button”. Annotated below is a screenshot of the product with the hook and the holes along the mounting bracket that provide the 2 inch increments for the railcar to travel along. It can be seen from the screenshot that the portion of the hook that corresponds to the first length of the hook seen in Nilsson is slightly larger than 2 inches, i.e. 5.08 cm. Thereby teaching the first length being in the range of 5 cm- 30 cm.
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have specified the length of the hook for the modified dumbbell assembly of Chen as Nilsson already discloses the overall length of the X3 bar, but simply fails to specify the measurement of the hook.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Patent No. US8033964B1), in view of Nilsson (Youtube: X3 Bar Review – Portable, Heavy-Resistance Band Training on the road or at home; https://www.youtube.com/watch?v=ikYqDtFxPfc), as applied to claim 1 above, and further in view of Falconi (PG Patent Publication No. US20140228183A1).
Regarding claim 24, Chen, in view of Nilsson, teaches the exercise bar of claim 1, including the elastic band, wherein a second thickness of the lower end portion of the first hook region is greater than the first thickness of the elastic band (Nilsson, see screenshot below).
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Chen and Nilsson fail to explicitly teach a first thickness of the elastic band is in a range between 0.5 cm and 3 cm when the elastic band in a relaxed state.
However, Falconi, from the same field of endeavor, discloses in paragraph 0006, “flat bands are thin (ranging from 0.15 mm-0.70 mm thick)”. Falconi teaches a thickness of 1.5cm-7cm.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have specified the thickness of the resistance bands for the modified dumbbell assembly of Chen as Nilsson already discloses the overall length of the X3 bar, but simply fails to specify the measurement of the resistance bands. Falconi teaches a range that overlaps with the range of the claimed invention. However, it would be obvious to adjust the range accordingly, see MPEP 2144.05 (Overlapping, Approaching, and Similar Ranges, Amounts, and Proportions.
Response to Arguments
Applicant’s arguments with respect to independent claim 1 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. However, the examiner still relies on Luckadue for dependent claim 7, as well as Kokakis for dependent claims 9-10. The dependent claims, 6, 9-10, 15, and 20 remain rejected. The newly added claims 21-24 are also rejected, see 103 rejections above.
As noted above in the Response to Amendments, the examiner withdraws the double patenting rejections in light of the amendments made by applicant. The claims 1-11, 13-16, and 20-24, however, remain rejected with 103 rejections.
Conclusion
Link for Myosource Kinetic Bands Space Saver Gym Resistance Equipment cited for claim 22:
https://www.amazon.com/Resistance-Training-Exercise-Equipment-Fitness/dp/B00VXML35U/ref=sr_1_38?crid=2TWQPLU6XLI2W&dib=eyJ2IjoiMSJ9.epNUCh14Q5N7e9DdzPWbvl7_3ooZM0_IpX8AFtqp4wT8BwiEz-FtvgVHnGKCzi9pYZvRhiP6QBK5_MLzWK979LWyJqN1F25ZMMy3DzVdq8mO5ntOeM5fxfj3Cnn5fQOQumByHEHbLszSzNy9MGpTJngnQ9y7QMPTo8q5wzwnrqr6oQUlEzqNN4y4wMkKuK7TMQ8P4ifhG6Q-tsCNCmfv0qJd-Cb5z8Ujw7UNCq5Ec4TM5PiH5s27WDfYrSXBe3t5.i8ph1Lt5KYisJw39Yis6TV-SiqOV7FE-Lmob5XKFurA&dib_tag=se&keywords=resistance%2Bband%2Bhooks&qid=1755843401&s=sporting-goods&sprefix=resistance%2Bband%2Bhooks%2Csporting%2C97&sr=1-38&xpid=XwvB62v0r5Jkq&th=1
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.
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/JACQUELINE N L LOBERIZA/ Examiner, Art Unit 3784
/LOAN B JIMENEZ/ Supervisory Patent Examiner, Art Unit 3784