Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cook (US 6595900 B1) in view of Pasquini (US 20110094062 A1).
Regarding Claim 15, Cook teaches a handle for receiving an end of a jump rope and configured to be grasped by a user's hand, the handle comprising: a gripping portion 100 having a proximal end and a distal end, the gripping portion defining a first longitudinal axis; an extension member 101 having a first end fixed to the distal end of the gripping portion and terminating at a second end, the extension member defining a second longitudinal axis that forms a first angle of less than 90 degrees with the first longitudinal axis of the gripping portion 100 (Refer to annotated Fig. 17 below); and
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a rotation mechanism housing 107 fixed to the second end of the extension member 101, the housing having a proximal side and an opposing distal side and implementing a rotation mechanism 103 such that the end of the jump rope retained by the rotation mechanism 103 at the distal side of the rotation mechanism housing is freely rotatable, with an axis of rotation of the rope defining a third longitudinal axis (Refer to 17 Cols 5-6 lines 56-14:” The rope is maintained in place in the rubber handle 100 with the bearing 103 through which the rope extends. On the rope is a stop 104 which is squeezed onto the rope and prevents the rope from passing back out of the bearing 103 and separate from the bearing 103. The bearing 103 with the rope passing through it fits into the holder 101 and snaps into a snap flange 107 at the front of the holder 101. The snap flange 107 holds the bearing 103 in the holder 101.”). Cook teaches the claimed invention as noted above but fails to teach wherein the third longitudinal axis forms a second angle of greater than 90 degrees with the second longitudinal axis of the extension member and is substantially parallel to the first longitudinal axis of the gripping portion. Pasquini teaches a handle comprising a gripping portion 9 having a proximal end and a distal end, the gripping portion defining a first longitudinal axis; an extension member 4 having a first end fixed to the distal end of the gripping portion and terminating at a second end, the extension member 4 defining a second longitudinal axis that forms a first angle of less than 90 degrees with the first longitudinal axis of the gripping portion; and a housing fixed to the second end of the extension member, wherein the third longitudinal axis forms a second angle of greater than 90 degrees with the second longitudinal axis of the extension member and is substantially parallel to the first longitudinal axis of the gripping portion (Refer to annotated Fig. 1 below).
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The Office takes the position that although the extension member 4 and the hand gripping portion 9 of Pasquini would appear to be an integrated piece, it has been held that merely forming multiple pieces from a single piece to form the same invention would have been obvious as a matter of routine skill in the art for purpose of manufacture/assembly or transport and therefore does not patentably distinguish the invention over the prior arts to provide the extension member to be separate with a first end fixed to the distal end of the gripping portion and terminating at a second end. Refer to MPEP 2144.04 V. MAKING PORTABLE, INTEGRAL, SEPARABLE, ADJUSTABLE, OR CONTINUOUS. Pasquini is analogous with Applicants invention in that they both teach ergonomic handles for gripping and therefore it would have been obvious to modify the device of Cook to comprise the handle of Pasquini and further such that the rotation mechanism housing has a longitudinal axis, wherein the third longitudinal axis forms a second angle of greater than 90 degrees with the second longitudinal axis of the extension member and is substantially parallel to the first longitudinal axis of the gripping portion, in which the rotation mechanism would have the same longitudinal axis for the purpose of further distancing the rope from the users grip to reduce tangling of the rope around the grip while in use. Pasquini teaches that such ergonomic handles are known in the art and such modification would have been obvious to produce expected results and does not patentably distinguish the invention over prior arts.
Regarding Claim 16, Cook in view of Pasquini teaches the claimed invention as noted above wherein a perpendicular distance between the first and the third longitudinal axes has a length, and wherein a distal offset distance between the proximal side of the rotation mechanism housing and the distal end of the gripping portion has a length (Refer to Pasquini Fig. 1 below),
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but fails to expressly disclose wherein the length is at least 1 inch. However, the Office takes the position that such that it would have been obvious to modify the perpendicular distance and the distal offset distance be at least 1 inch since it has been held that such optimization of ranges would have been obvious through routine experimentation to provide a dimension which is comfortable for a user to grasp the handle and maintain distance from the rope while providing for a ergonomic feel without imparting injury to the wrist and therefore such modification would have been obvious and does not patentably distinguish the invention over prior arts. Refer to MPEP 2144.05 Obviousness of Similar and Overlapping Ranges, Amounts, and Proportions [R-01.2024].
Regarding Claim 17, Cook in view of Pasquini continues to teach wherein the extension member includes a top surface that is concave in transverse cross-section to receive the thumb of the user (Refer to annotated Fig. 17 of Pasquini below).
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Regarding Claim 18, Cook teaches a handle for receiving an end of a jump rope and configured to be grasped by a user's hand, the handle comprising: a gripping portion 100 having a proximal end and a distal end, the gripping portion defining a first longitudinal axis; an extension member 101 having a first end fixed to the distal end of the gripping portion and terminating at a second end, the extension member defining a second longitudinal axis that forms a first angle of less than 90 degrees with the first longitudinal axis of the gripping portion 100 (Refer to annotated Fig. 17 below); and
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a rotation mechanism housing 107 fixed to the second end of the extension member 101, the housing having a proximal side and an opposing distal side and implementing a rotation mechanism 103 such that the end of the jump rope retained by the rotation mechanism 103 at the distal side of the rotation mechanism housing is freely rotatable, with an axis of rotation of the rope defining a third longitudinal axis (Refer to 17 Cols 5-6 lines 56-14:” The rope is maintained in place in the rubber handle 100 with the bearing 103 through which the rope extends. On the rope is a stop 104 which is squeezed onto the rope and prevents the rope from passing back out of the bearing 103 and separate from the bearing 103. The bearing 103 with the rope passing through it fits into the holder 101 and snaps into a snap flange 107 at the front of the holder 101. The snap flange 107 holds the bearing 103 in the holder 101.”). Cook teaches the claimed invention as noted above but fails to teach wherein the third longitudinal axis forms a second angle of greater than 90 degrees with the second longitudinal axis of the extension member and is substantially parallel to the first longitudinal axis of the gripping portion, the extension member comprising a top surface that is concave in transverse cross-section to receive the thumb of the user. Pasquini teaches a handle comprising a gripping portion 9 having a proximal end and a distal end, the gripping portion defining a first longitudinal axis; an extension member 4 having a first end fixed to the distal end of the gripping portion and terminating at a second end, the extension member defining a second longitudinal axis that forms a first angle of less than 90 degrees with the first longitudinal axis of the gripping portion; and a housing fixed to the second end of the extension member, wherein the third longitudinal axis forms a second angle of greater than 90 degrees with the second longitudinal axis of the extension member and is substantially parallel to the first longitudinal axis of the gripping portion (Refer to annotated Fig. 1 below).
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The Office takes the position that although the extension member 4 and the hand gripping portion 9 of Pasquini would appear to be an integrated piece, it has been held that merely forming multiple pieces from a single piece to form the same invention would have been obvious as a matter of routine skill in the art for purpose of manufacture/assembly or transport and therefore does not patentably distinguish the invention over the prior arts to provide the extension member to be separate with a first end fixed to the distal end of the gripping portion and terminating at a second end. Refer to MPEP 2144.04 V. MAKING PORTABLE, INTEGRAL, SEPARABLE, ADJUSTABLE, OR CONTINUOUS. Pasquini is analogous with Applicants invention in that they both teach ergonomic handles for gripping and therefore it would have been obvious to modify the device of Cook to comprise the handle of Pasquini and further such that the rotation mechanism housing has a longitudinal axis, wherein the third longitudinal axis forms a second angle of greater than 90 degrees with the second longitudinal axis of the extension member and is substantially parallel to the first longitudinal axis of the gripping portion, in which the rotation mechanism would have the same longitudinal axis for the purpose of further distancing the rope from the users grip to reduce tangling of the rope around the grip while in use. Since Pasquini teaches that such ergonomic handles are known in the art and such modification would have been obvious to produce expected results and does not patentably distinguish the invention over prior arts. Pasquini continues to teach wherein the extension member includes a top surface that is concave in transverse cross-section to receive the thumb of the user (Refer to annotated Fig. 17 of Pasquini below).
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Cook in view of Pasquini teaches the claimed invention as noted above wherein a perpendicular distance between the first and the third longitudinal axes has a length, and wherein a distal offset distance between the proximal side of the rotation mechanism housing and the distal end of the gripping portion has a length (Refer to Pasquini Fig. 1 below),
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but fails to expressly disclose wherein the length is at least 1 inch. However, the Office takes the position that such that it would have been obvious to modify the perpendicular distance and the distal offset distance be at least 1 inch since it has been held that such optimization of ranges would have been obvious through routine experimentation to provide a dimension which is comfortable for a user to grasp the handle and maintain distance from the rope while providing for a ergonomic feel without imparting injury to the wrist and therefore such modification would have been obvious and does not patentably distinguish the invention over prior arts. Refer to MPEP 2144.05 Obviousness of Similar and Overlapping Ranges, Amounts, and Proportions [R-01.2024].
Regarding Claim 19, Cook teaches a jump rope system comprising: an elongated rope 3 having opposing first and second ends (Refer to Fig. 1 Col 1 Lines 56-62:” The method comprises the steps of gripping a first handle of a jump rope with a right hand of the user. Then there is the step of gripping a second handle of the jump rope with a left hand of the user. Next there is the step of jumping the jump rope by the user while the user does not bend the wrist of either the right or left hand.”); a pair of handles (Refer to Fig. 1 Col 1 Lines 56-62:” The method comprises the steps of gripping a first handle of a jump rope with a right hand of the user. Then there is the step of gripping a second handle of the jump rope with a left hand of the user. Next there is the step of jumping the jump rope by the user while the user does not bend the wrist of either the right or left hand.”);), each handle comprising: a gripping portion 100 having a proximal end and a distal end, the gripping portion defining a first longitudinal axis; an extension member 101 having a first end fixed to the distal end of the gripping portion and terminating at a second end, the extension member defining a second longitudinal axis that forms a first angle of less than 90 degrees with the first longitudinal axis of the gripping portion 100 (Refer to annotated Fig. 17 below); and
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a rotation mechanism housing 107 fixed to the second end of the extension member 101, the housing having a proximal side and an opposing distal side and implementing a rotation mechanism 103 such that the end of the jump rope retained by the rotation mechanism 103 at the distal side of the rotation mechanism housing is freely rotatable, with an axis of rotation of the rope defining a third longitudinal axis (Refer to 17 Cols 5-6 lines 56-14:” The rope is maintained in place in the rubber handle 100 with the bearing 103 through which the rope extends. On the rope is a stop 104 which is squeezed onto the rope and prevents the rope from passing back out of the bearing 103 and separate from the bearing 103. The bearing 103 with the rope passing through it fits into the holder 101 and snaps into a snap flange 107 at the front of the holder 101. The snap flange 107 holds the bearing 103 in the holder 101.”). Cook teaches the claimed invention as noted above but fails to teach wherein the third longitudinal axis forms a second angle of greater than 90 degrees with the second longitudinal axis of the extension member and is substantially parallel to the first longitudinal axis of the gripping portion. Pasquini teaches a handle comprising a gripping portion 9 having a proximal end and a distal end, the gripping portion defining a first longitudinal axis; an extension member having a first end fixed to the distal end of the gripping portion and terminating at a second end, the extension member 4 defining a second longitudinal axis that forms a first angle of less than 90 degrees with the first longitudinal axis of the gripping portion; and a housing fixed to the second end of the extension member, wherein the third longitudinal axis forms a second angle of greater than 90 degrees with the second longitudinal axis of the extension member and is substantially parallel to the first longitudinal axis of the gripping portion (Refer to annotated Fig. 1 below).
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The Office takes the position that although the extension member 4 and the hand gripping portion 9 of Pasquini would appear to be an integrated piece, it has been held that merely forming multiple pieces from a single piece to form the same invention would have been obvious as a matter of routine skill in the art for purpose of manufacture/assembly or transport and therefore does not patentably distinguish the invention over the prior arts to provide the extension member to be separate with a first end fixed to the distal end of the gripping portion and terminating at a second end. Refer to MPEP 2144.04 V. MAKING PORTABLE, INTEGRAL, SEPARABLE, ADJUSTABLE, OR CONTINUOUS. Pasquini is analogous with Applicants invention in that they both teach ergonomic handles for gripping and therefore it would have been obvious to modify the device of Cook to be in view of Pasquini such that the rotation mechanism housing has a longitudinal axis, wherein the third longitudinal axis forms a second angle of greater than 90 degrees with the second longitudinal axis of the extension member and is substantially parallel to the first longitudinal axis of the gripping portion, in which the rotation mechanism would have the same longitudinal axis for the purpose of further distancing the rope from the users grip to reduce tangling of the rope around the grip while in use. Since Pasquini teaches that such ergonomic handles are known in the art such modification would have been obvious to produce expected results and does not patentably distinguish the invention over prior arts.
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 for prior arts pertinent to claimed and unclaimed subject matter.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784