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 .
Status of Claims
Claims 1-20, as filed on 11/14/2024, are currently pending and considered below.
Claim Rejections - 35 USC § 102
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 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 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, 6-8, 11-13, and 16-18 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 7654944 B1 (Liu).
Regarding Independent Claim 1, Liu discloses an exercise system (Figure 1, “Foldable exercise bench”), comprising:
a main beam (primary leg 16);
a primary bench (seat rest 28) connected to the main beam (at a bottom thereof), the primary bench comprising a first surface (“top surface”), as second surface opposite the first surface (“bottom surface”), a proximal end, and a distal end opposite the proximal end (Figure 3: Annotated);
PNG
media_image1.png
387
538
media_image1.png
Greyscale
a secondary bench (back rest 36) pivotally connected to the main beam, the secondary bench comprising a first surface, as second surface opposite the first surface, a proximal end, and a distal end opposite the proximal end (Figure 3: Annotated);
a slider (slider 64) adapted to translate along a longitudinal axis (lengthwise direction of leg 16) of the main beam to support the secondary bench at various angles (see Figures 1-9 wherein slider 64 moves along leg 16 allowing for back rest 36 to change angle relative to the leg 16);
and a rear support pivotally connected to the slider (adjustment bars 60; said bars 60 are configured to rotate relative to both the slider 64 and rest 36 as shown in Figures 1-9);
wherein the rear support is adapted to contact the second surface of the secondary bench (Figure 6) while the secondary bench is in a horizontal position (bars 60 are in contact with the second surface of back rest 36 when the rest 36 is in a horizontal position as shown in Figure 6).
Regarding Claim 2, Liu further discloses the exercise system of claim 1, further configured such that it operates in an upright position (Figure 9; said device is capable of being leaned against a wall at a 5 degree angle relative to vertical) and extended position (Figure 3);
wherein the upright position defined by the longitudinal axis of the main beam at an angle less than thirty-five degrees to vertical (said device is capable of being leaned against a wall at a 5 degree angle relative to vertical)
and the extended position defined by the longitudinal axis of the main beam at an angle of less than forty-five degrees with a support surface (“ground surface”; see Figure 3 wherein leg 16 is at an angle less than 45 degree relative to the ground).
Regarding Claim 3, Liu further discloses the exercise system of claim 2, wherein an initial position (Figure 7) is defined as a secondary bench angle below the horizontal (See Figure 7 wherein the leg 16 and bench is at an angle below a horizontal) when the exercise system is moved from the upright position to the extended position (said bench is capable of being rotated from a wall leaning position to the position of Figure 7 wherein leg 18 is extended and said rest 36 and seat 28 are angled below the horizontal).
Regarding Claim 6, Liu further discloses the exercise system of claim 1, further comprising a distal leg pivotally connected to the main beam (leg 18; said leg 18 is pivotably connected to leg 16).
Regarding Claim 7, Liu further discloses the exercise system of claim 6, further comprising a base assembly (crossbars 22, 24) and a pin (locking pin 54) adapted to provide a temporary connection between the main beam and the base assembly (locking pin 54 is selectively inserted into holes 50, 52 to lock said leg 18 relative rotation to leg 16).
Regarding Claim 8, Liu further discloses the exercise system of claim 7, wherein rotational movement of the distal leg is coupled to the temporary connection (said locking pin 54 is configured to selectively lock rotation of leg 18 relative to leg 16).
Regarding Independent Claim 11, Liu discloses an exercise system (“Foldable exercise bench”, Figures 1-9), comprising:
a main beam (primary leg 16);
a primary bench (bench seat 28) connected to the main beam, the primary bench comprising a first surface, a second surface opposite the first surface, a proximal end, and a distal end opposite the proximal end (Figure 3 Annotated);
a secondary bench (back rest 36) pivotally connected to the main beam, the secondary bench comprising a first surface, a second surface opposite the first surface, a proximal end, and a distal end opposite the proximal end (Figure 3: Annotated);
PNG
media_image1.png
387
538
media_image1.png
Greyscale
an incline support (slider 64 with adjustment bars 60) with one end pivotally connected to the secondary bench (via the bars 60) and the other end adapted to translate along the main beam to support the secondary bench at various angles (slider 64 is configured to slide along leg 16);
and a rear support (Figure 2: Annotated; bars attached to second surface of back rest 36) pivotally connected to the exercise system (via a lower end pivotably connected to leg 16), wherein the rear support is adapted contact the second surface of the secondary bench while the secondary bench is in a horizontal position (said rear support is configured to contact the back rest 36 in a horizontal position as shown in Figure 6).
PNG
media_image2.png
382
377
media_image2.png
Greyscale
Figure 2: Annotated
Regarding Claim 12, Liu further discloses the exercise system of claim 11, further configured such that it operates in an upright position (Figure 9; said device is capable of being leaned against a wall at a 5 degree angle relative to vertical) and extended position (Figure 3);
wherein the upright position defined by the longitudinal axis of the main beam at an angle less than thirty-five degrees to vertical (said device is capable of being leaned against a wall at a 5 degree angle relative to vertical)
and the extended position defined by the longitudinal axis of the main beam at an angle of less than forty-five degrees with a support surface (“ground surface”; see Figure 3 wherein leg 16 is at an angle less than 45 degree relative to the ground).
Regarding Claim 13, Liu further discloses the exercise system of claim 12, wherein an initial position (Figure 7) is defined as a secondary bench angle below the horizontal (See Figure 7 wherein the leg 16 and bench is at an angle below a horizontal) when the exercise system is moved from the upright position to the extended position (said bench is capable of being rotated from a wall leaning position to the position of Figure 7 wherein leg 18 is extended and said rest 36 and seat 28 are angled below the horizontal).
Regarding Claim 16, Liu further discloses the exercise system of claim 11, further comprising a distal leg pivotally connected to the main beam (leg 18; said leg 18 is pivotably connected to leg 16).
Regarding Claim 17, Liu further discloses the exercise system of claim 16, further comprising a base assembly (crossbars 22, 24) and a pin (locking pin 54) adapted to provide a temporary connection between the main beam and the base assembly (locking pin 54 is selectively inserted into holes 50, 52 to lock said leg 18 relative rotation to leg 16).
Regarding Claim 18, Liu further discloses the exercise system of claim 17, wherein rotational movement of the distal leg is coupled to the temporary connection (said locking pin 54 is configured to selectively lock rotation of leg 18 relative to leg 16).
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 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.
Claims 9-10, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 7654944 B1 (Liu) in view of US 20040018923 A1 (Schiff).
Regarding Claims 9 and 19, Liu discloses the invention as substantially claimed, see above. Liu further discloses the pin comprising a housing and the pin (forward adjustment assembly 44 and pin 54). Liu does not disclose the pin as a spring-loaded pin.
Schiff teaches an analogous exercise device in the same field of endeavor of exercise benches comprising:
a pin (locking pin 26) adapted to provide a temporary connection (said pin 26 is configured to be pulled to disengage the pin and released to lock providing temporary locking connection); wherein the pin is spring loaded (locking pin spring 64, Paragraph 42), the spring-loaded pin comprising a housing, a spring, and the pin (pin assembly 26 comprises lock pin 62, lock spring 64 in frame 34A). It would have been obvious for one skilled in the art at the time of filing to modify the spring to be spring loaded with a spring, as taught by Schiff, in order to prevent the pin from separating from the device unintentionally.
Regarding Claims 10 and 20, Liu as modified further discloses wherein the spring-loaded pin housing is connected to the main beam (see Figure 1 wherein pin 54 is attached to said leg 16 via locking plate 44 of the leg 16) and a tip of the pin is adapted to slide through an orifice (locking hole 50, Figure 2 opposite side of the handle portion of the pin 54) in the base assembly to lock the exercise system in an upright position (a distal end of pin 54 is configured to engage locking hole 50 selectively).
Allowable Subject Matter
Claims 4-5, and 14-15 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 4, the prior art of record over US 7654944 B1 (Liu) fails to teach or render obvious the exercise bench in combination with all of the elements and structural and functional relationships as claimed and further including:
A spring is used to automatically extend the rear support to contact the second surface of the secondary bench when the secondary bench is rotated from the initial position to the horizontal position.
The prior art of record teaches adjustment bars 60 pivotably connected to both of the seat rest 36 and slider 64 at both ends thereof wherein the end attached to the seat rest 36 is fixed to the second surface, which are not considered equivalent to applicant’s invention as the rear support is incapable of extending to the second surface via a spring as it is already attached; likewise, it would not have been obvious for one skilled in the art at the time of filing to modify the adjustment bars to include a spring without improper hindsight reasoning.
Regarding claims 14, the prior art of record over US 7654944 B1 (Liu) fails to teach or render obvious the exercise bench in combination with all of the elements and structural and functional relationships as claimed and further including:
A spring is used to automatically extend the rear support to contact the second surface of the secondary bench when the secondary bench is rotated from the initial position to the horizontal position.
The prior art of record teaches the pair of bars permanently fixed to the secondary surface of the seat rest 36, which is not equivalent to applicant’s invention. It would not have been obvious for one skilled in the art at the time of filing to modify the adjustment bars to include a spring without improper hindsight reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T MOORE whose telephone number is (571)272-0063. The examiner can normally be reached Monday - Thursday 8:00am - 4:00pm 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 on (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ZACHARY T MOORE/Examiner, Art Unit 3784