DETAILED ACTION
This is the Final Rejection based on the 18/943,723 application filed on 11/11/2024 and which claims as amended on 06/18/2026 have been considered in the ensuing action.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendments overcome the claim objections, but do not overcome the art rejections. A terminal disclaimer was filed on 06/18/2026 and approved on 06/25/2026 and successfully overcomes the double patenting rejections. Additionally, claims 1 and 20 has been amended to overcome the statutory double patenting rejection.
An interview as conducted, please see attached, to discuss an examiner’s amendment. The Applicant requested a written response.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 9-14, and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bybee (US 2015/0251038).
Regarding claim 1:
Bybee discloses a sports swing muscle memory development device (Bybee’s device is capable of this use) comprising: a plurality of attachment components (mounts 102, 108, 114), wherein the plurality of attachment components is configured to circumferentially secure a plurality of enclosed regions of a body of the user (see Fig. 2); a plurality of connection components (fasteners 104, 110, 116), wherein each of the plurality of connection components is coupleable to one or more of the plurality of attachment components; and a plurality of resistance components (resistance bands 106, 112), wherein each of the plurality of resistance components is coupleable to one or more of the plurality of connection components (see Bybee Fig. 1), a catching object resistance component (clips such as 402 has been considered a catching object resistance component, lacking any other structural or functional limitation, as the clips fulfil the intended use of the component and the structural and functional limitations are not further disclosed over a clip) attached to at least one of the plurality of resistance components and configurable to both (1) temporarily restrain the at least one of the plurality of resistance components in a first state and (2) release the at least one of the plurality of resistance components in a second state (the clip can be attached to the connection components or removed from the connection components, resulting in the resistance band attached to the clip either being restrained or released).
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Regarding claim 2:
Bybee discloses that the plurality of attachment components are hollow cylinders, the hollow cylinders having an inner circumference and an outer circumference, the inner circumference configured for contacting the enclosed region (see Fig. 2).
Regarding claim 3:
Bybee teaches each of the inner circumference of the plurality of attachment components has a first contour, wherein each of the enclosed regions has a second contour, and wherein the first contour is configured to conform to the second contour (see Fig. 2).
Regarding claim 5:
Bybee teaches the plurality of resistance components are releasably coupled (by clips shown in Fig. 1).
Regarding claim 9:
Bybee teaches a first attachment component (first of upper 108), wherein the first attachment component is configured to circumferentially secure a first enclosed region; a second attachment component (second of upper 108), wherein the second attachment component is configured to circumferentially secure a second enclosed region; a third attachment component (102), wherein the third attachment component is configured to circumferentially secure a third enclosed region; a fourth attachment component (first of lower 108), wherein the fourth attachment component is configured to circumferentially secure a fourth enclosed region; a fifth attachment component (second of lower 108), wherein the fifth attachment component is configured to circumferentially secure a fifth enclosed region; a first connection component (first of upper 110), wherein the first connection component is coupleable to the first attachment component; a second connection component (second of upper 110), wherein the second connection component is coupleable to the second attachment component; a third connection component (first of 104), wherein the third connection component is coupleable to the third attachment component; a fourth connection component (second of 104), wherein the fourth connection component is coupleable to the third attachment component; a fifth connection component (first of lower 110), wherein the fifth connection component is coupleable to the fourth attachment component; a sixth connection component (second of lower 110), wherein the sixth connection component is coupleable to the fifth attachment component; a first resistance component, wherein the first resistance component is coupleable to the first connection component and the third connection component; a second resistance component, wherein the second resistance component is coupleable to the second connection component and the fourth connection component; a third resistance component, wherein the third resistance component is coupleable to the third connection component and the sixth connection component; and a fourth resistance component, wherein the fourth resistance component is coupleable to the fourth connection component and the fifth connection component (all of the eight resistance components 112 and 106 are coupleable to all of the connection components).
Regarding claim 10:
Bybee teaches the first enclosed region comprises a trailing arm; the second enclosed region comprises a leading arm; the third enclosed region comprises a torso; the fourth enclosed region comprises a trailing leg; and the fifth enclosed region comprises a leading leg, wherein leading and trailing identify a swing relationship (see Fig. 2).
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Regarding claim 11:
Bybee teaches (see Fig. 2) the first attachment component is configured to circumferentially secure to the trailing arm proximal to the elbow; the second attachment component is configured to circumferentially secure to the leading arm proximal to the elbow; the third attachment component is configured to circumferentially secure to the torso from and between the ribcage and the hips; the fourth attachment component is configured to circumferentially secure to the trailing leg proximal to the knee; and the fifth attachment component is configured to circumferentially secure to the leading leg distal to the knee (the attachment components can be attached on either side of the user’s knee).
Regarding claim 12:
Bybee teaches the first connection component is coupled to the first attachment component in a lateral leading position of the trailing arm; the second connection component is coupled to the second attachment component in a lateral trailing position of the leading arm (the attachment components can be attached to the user such that the connection components are in any desired position); the third attachment component comprises one or more coupling locations see Fig. 1), the third connection component and the fourth connection component are coupleable to the one or more coupling locations; the fifth connection component is coupled to the fourth attachment component in the lateral leading position of the trailing leg; and the sixth connection component is coupled to the fifth attachment component in the lateral leading position of the leading leg (the attachment components can be attached to the user such that the connection components are in any desired position).
Regarding claim 13:
Bybee teaches the one or more coupling locations comprise: the lateral leading position relative to the torso; the lateral trailing position relative to the torso; a posterior-lateral leading position relative to the torso; a posterior-lateral trailing position relative to the torso; and a posterior position relative to the torso (the attachment components can be attached to the user such that the connection components are in any desired position).
Regarding claim 14:
Bybee teaches each of the one or more coupling locations is adjustable (the belt can be attached to the user at a variety of orientations and the bands can be attached at any of the connection components).
Regarding claim 16:
Bybee teaches the first resistance component is coupled to the first connection component and is releasably coupled to the third connection component (see Fig. 2).
Regarding claim 17:
Bybee teaches the first resistance component is coupled to the first connection component and is not coupled to the third connection component (Bybee’s resistance bands are capable of being coupled in this orientation, as Bybee shows the resistance members 112 may be slidably engaged by fasteners 110).
Regarding claim 18:
Bybee teaches the first resistance component slidably engages the third connection component (Bybee’s resistance bands are capable of being coupled in this orientation, as Bybee shows the resistance members 112 may be slidably engaged by fasteners 110).
Regarding claim 19:
Bybee teaches the third connection component comprises two or more machine states, the two or more machine states comprising: a first machine state coupling the first resistance component to the third connection component; and a second machine state releasing the first resistance component from the third connection component; and wherein the third connection component is operable to be altered from the first machine state to the second machine state and to be altered from the second machine state to the first machine state (Bybee’s resistance bands are connected by clips, which have a closed state and an open state which respectively result in coupling and release).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bybee (US 2015/0251038) in view of Frappier (US 2006/0229175). Bybee discloses the device as substantially claimed above.
Regarding claim 4:
Bybee does not specifically disclose the attachment components being adjustable.
Frappier teaches a training harness with a plurality of attachment components (22, 24, 16, 64) which are adjustably securable to the user [0013, 0015, 0017].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device taught by Bybee by providing the attachment components as adjustable, as taught by Frappier, in order to comfortably accommodate users of varying sizes.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Bybee (US 2015/0251038) in view of Morgan (US 2013/0079201). Bybee discloses the device as substantially claimed above.
Regarding claim 6:
Bybee discloses that the plurality of resistance components have a length, a tension, and a cross-section (the resistance components have a length, tension and cross-section, see Fig. 1-2). Bybee is silent to the cross-section being elliptical or polygonal.
Morgan teaches a resistance harness with resistance members having polygonal cross-sections (bands and straps, see [0039]) and teaches that such members are interchangeable with other types of resistance members.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device taught by Bybee by providing the resistance components as band or straps, as taught by Morgan. Such modifications involve the mere substitution of one well-known resilient resistance member with another to yield predictable results which fail to distinguish the invention over the prior art.
Regarding claim 7:
Bybee as modified teaches that the length of the plurality of resistance components is adjustable (see paragraph [0035]).
Regarding claim 8:
Bybee as modified teaches that the tension of the plurality of resistance components is adjustable (see paragraph [0035]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Bybee (US 2015/0251038) as applied to claim 9 above, and further in view of Schreiber (US 2017/0028244). Bybee discloses the device as substantially claimed above.
Regarding claim 15:
Bybee does not specifically disclose the third connection component being releasably coupled to the third attachment component.
Schreiber teaches an exercise harness comprising a connection component (Fig. 35, 701) which is releasably coupled to a belt [0085].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device taught by Bybee by providing the third connection component as releasably coupled, as taught by Schreiber, in order to allow the user to adjust the location of the attachment point to select a type of exercise or muscle groups to be exercised.
Allowable Subject Matter
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 06/18/2026 have been fully considered but they are not persuasive.
With respect to the argument addressing Bybee et al, the Examiner respectfully disagrees. Due to a lack of structural or functional limitations related to “a catching object resistance component” and component that is capable of restraining a resistance band and releasing a resistance band can be considered a catching object resistance component. Further, “catching” could refer to keeping a component in place, such that a clip, like a carabineer, has a catch to keep the carabiner attached to different objects.
Conclusion
THIS ACTION IS MADE FINAL. 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 MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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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/Megan Anderson/Primary Examiner, Art Unit 3784
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