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 .
Priority
Acknowledgement is made of Applicant’s claim for priority as a continuation of U.S. application no. 18/092,601 (now U.S. Patent No. 12,145,018) filed 03 January 2023 which is a continuation of U.S. application no. 17/089,338 (now U.S. Patent No. 11,565,142) filed 04 November 2020 and claims priority to provisional application no. 62/930,423 filed 04 November 2019.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
“a first end and a second end” of the first peripheral shape in claims 2 and 21
“a first point” in claims 2, 12, and 21
“a first end and a second end” of the second peripheral shape in claims 2 and 21
“a second point” in claims 2, 12, and 21
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The limitations of claim 2, lines 13-22 do not have proper antecedent basis in the specification.
The limitations of claim 12, lines 14-17 do not have proper antecedent basis in the specification.
The limitations of claim 21, lines 21-30 do not have proper antecedent basis in the specification.
Support is found for these limitations in the drawings, but the claim limitations and terminology should have antecedent basis in the specification. Applicant is requested to amend the specification to include the claim terminology/limitations listed above.
Claim Objections
The claims are objected to because of the following informalities:
Throughout the claims, each recitation of “the first recesses” should read --the plurality of first recesses--
Throughout the claims, each recitation of “the second recesses” should read --the plurality of second recesses--
Claim 2, line 4, “the first and second outer surfaces” should read --the first outer surface and the second outer surface--
Claim 9, line 1, “the third recesses” should read --the plurality of third recesses--
Claim 9, line 1, “the fourth recesses” should read --the plurality of fourth recesses--
Claim 10, line 2, “the first and second outer surfaces” should read --the first outer surface and the second outer surface--
Claim 12, line 4, “the first and second outer surfaces” should read --the first outer surface and the second outer surface--
Claim 18, line 1, “the third recesses” should read --the plurality of third recesses--
Claim 18, line 1, “the fourth recesses” should read --the plurality of fourth recesses--
Claim 19, line 2, “the first and second outer surfaces” should read --the first outer surface and the second outer surface--
Claim 21, line 8, “the first and second outer surfaces” should read --the first outer surface and the second outer surface--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-4 and 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “generally” in claims 3, 4, 13, and 14 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitations of “generally parallel” is rendered indefinite by use of the term “generally.”
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.
Claims 2-4, 6, 10-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rothschild (US 2019/0232100) in view of Albert et al. (US 8,434,533, hereinafter Albert).
Regarding claim 2, Rothschild teaches a weight plate (bumper plate 900) comprising:
a weight plate body having an outer periphery, a first outer surface and a second outer surface on opposite axial sides of the weight plate body with an axial thickness defined between the first and second outer surfaces (Fig. 9), and a passage extending axially through the weight plate body and configured to receive an elongated member therethrough, wherein the first outer surface and the second outer surface extend from the passage radially outward to the outer periphery (Fig. 9 shows a passage in a center of the bumper plate 900 configured to receive a barbell.); and
a plurality of recesses (holes 910, 912) extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the axial thickness, wherein the plurality of recesses comprise a plurality of first recesses (holes 910) having a first peripheral shape with a first number of sides and a plurality of second recesses (holes 912) having a second peripheral shape and a second number of sides (Fig. 9 shows the holes 910, 912 each having a shape a number of sides.), and
wherein the first recesses and the second recesses are arranged in an alternating annular configuration and are annularly interspersed with one another in the alternating annular configuration (Fig. 9).
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Rothschild teaches “the holes in this example are hexagonal, but any shape may be used. Some shapes which may be used for the hole include, but are not limited to, circle, square, triangle, trapezoidal among any other shapes including irregular shapes” (Para. [0054]), but does not expressly teach wherein the first peripheral shape has a first end and a second end opposite the first end, wherein the first peripheral shape narrows to a first point at the first end, and the first recesses are oriented such that the first points are directed radially inward toward the passage, and wherein the second end of the first peripheral shape faces radially outward and is wider in a circumferential direction than the first end, wherein the second peripheral shape has a first end and a second end opposite the first end, wherein the second peripheral shape narrows to a second point at the second end, and the second recesses are oriented such that the second points are directed radially outward away from the passage, and wherein the first end of the second peripheral shape faces radially inward and is wider in the circumferential direction than the second end.
However, in a similar field of endeavor, Albert teaches a load bearing structure comprising an outer periphery, a first outer surface, and a second outer surface; and a plurality of recesses extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the axial thickness, wherein the plurality of recesses comprise a plurality of first recesses and a plurality of second recesses, wherein the first peripheral shape has a first end and a second end opposite the first end, wherein the first peripheral shape narrows to a first point at the first end, and the first recesses are oriented such that the first points are directed radially inward toward the passage, and wherein the second end of the first peripheral shape faces radially outward and is wider in a circumferential direction than the first end, wherein the second peripheral shape has a first end and a second end opposite the first end, wherein the second peripheral shape narrows to a second point at the second end, and the second recesses are oriented such that the second points are directed radially outward away from the passage, and wherein the first end of the second peripheral shape faces radially inward and is wider in the circumferential direction than the second end (See annotated Fig. 7 below.).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the recesses of Rothschild to the shape of the recesses of Albert. One of ordinary skill in the art would have been motivated to make this modification, because the weight plate of Rothschild would not operate differently with the claimed shapes of the recesses and the recesses would function appropriately as shock absorbers, as desired by Rothschild. Such modifications involve a mere change in shape which fails to distinguish the invention over the prior art. Further, Applicant places no criticality on the specified shapes (see MPEP 2144.04).
Regarding claim 3, Rothschild in view of Albert teaches the weight plate of claim 2, wherein each of the first recesses in the alternating annular configuration has a flat side that is generally parallel with a closest adjacent flat side of an immediately adjacent recess of the second recesses in the alternating annular configuration (Albert: Fig. 7 above shows wherein the flat sides of the recesses are parallel to an adjacent flat side of an adjacent recess.).
Regarding claim 4, Rothschild in view of Albert teaches the weight plate of claim 2, wherein each of the first recesses in the alternating annular configuration has a first flat side and a second flat side converging to form the first point, and wherein the first flat side of each of the first recesses is generally parallel with a first adjacent flat side of a first immediately adjacent recess of the second recesses, and the second flat side of each of the first recesses is generally parallel with a second adjacent flat side of a second immediately adjacent recess of the second recesses (Albert: See annotated Fig. 7 above with regards to claim 2.).
Regarding claim 6, Rothschild in view of Albert teaches the weight plate of claim 2, wherein the first recesses each have a first perimeter defined at the first outer surface or the second outer surface and a first volume, and the second recesses each have a second perimeter defined at the first outer surface or the second outer surface that is different from the first perimeter and a second volume that is different from the first volume (Rothschild: Fig. 9: Holes 912 have a smaller perimeter and volume than holes 910. The combination of Rothschild and Albert as discussed above with regards to claim 2 would teach wherein the holes have different sizes as taught by Rothschild and the shape as taught by Albert.).
Regarding claim 10, Rothschild in view of Albert teaches the weight plate of claim 2, wherein the plurality of recesses extend axially inward from the first and second outer surfaces through a portion of the axial thickness.
Rothschild does not teach wherein each of the first recesses on the first outer surface is axially aligned with another of the first recesses on the second outer surface to form a pair of first recesses separated by a first inner wall, and each of the second recesses on the first outer surface is axially aligned with another of the second recesses on the second outer surface to form a pair of second recesses separated by a second inner wall.
However, in a similar field of endeavor, Albert teaches a load bearing structure comprising an outer periphery, a first outer surface, and a second outer surface; and a plurality of recesses extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the axial thickness, wherein each of the first recesses on the first outer surface is axially aligned with another of the first recesses on the second outer surface to form a pair of first recesses separated by a first inner wall (web 41), and each of the second recesses on the first outer surface is axially aligned with another of the second recesses on the second outer surface to form a pair of second recesses separated by a second inner wall (web 41) (Fig. 7 shows wherein the web 41 separates a recess on a first outer surface from a recess on a second outer surface.).
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 recesses of Rothschild by including the web of Albert. One of ordinary skill in the art would have been motivated to make this modification in order to “reinforc[e] the resistance of the load-bearing structure,” as suggested by Albert (Col. 8, lines 41-45).
Regarding claim 11, Rothschild in view of Albert teaches the weight plate of claim 2, wherein the weight plate body further comprises:
an inner section having an annular shape with the passage extending axially through the inner section, the inner section having an inner section axial thickness (Rothschild: See annotated Fig. 9 below.);
a middle section (second region 908) having an annular shape with a circular inner periphery and a circular outer periphery and positioned radially outward of the inner section, wherein the axial thickness is defined in the middle section, and the plurality of recesses are located in the middle section (Rothschild: Fig. 9); and
an outer section (first region 902) having an annular shape and positioned radially outward of the middle section and forming the outer periphery of the weight plate, wherein the outer section has an outer section axial thickness (Rothschild: Fig. 9), wherein the inner section axial thickness and the outer section axial thickness are greater than the axial thickness of the middle section (Rothschild: Figs. 2 and 9 show wherein the inner section and outer section have greater thicknesses than the middle section. Para. [0070] states “Referring to FIG. 9, another example of a quiet bumper plate 900 is illustrated that is similar to the quiet bumper plate of FIG. 2…”).
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Regarding claim 12, Rothschild teaches a weight plate (bumper plate 900) comprising:
a weight plate body having an outer periphery, a first outer surface and a second outer surface on opposite axial sides of the weight plate body with an axial thickness defined between the first and second outer surfaces (Fig. 9), and a passage extending axially through the weight plate body and configured to receive an elongated member therethrough, wherein the first outer surface and the second outer surface extend from the passage radially outward to the outer periphery (Fig. 9 shows a passage in a center of the bumper plate 900 configured to receive a barbell.); and
a plurality of recesses (holes 910, 912) extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the axial thickness, wherein the plurality of recesses comprise a plurality of first recesses (holes 910) having a first peripheral shape with a first number of sides and a plurality of second recesses (holes 912) having a second peripheral shape and a second number of sides (Fig. 9),
wherein the first peripheral shape narrows to a first point, and the first recesses are oriented such that the first points are directed radially inward toward the passage (Fig. 9: The hexagonal shapes of the holes 910 have a point that is directed toward the passage.),
wherein the second peripheral shape narrows to a second point, and the second recesses are oriented such that the second points are directed radially outward away from the passage (Fig. 9: The hexagonal shapes of the holes 912 have a point that is directed away from the passage.), and
wherein the first recesses and the second recesses are arranged in an alternating annular configuration and are annularly interspersed with one another in the alternating annular configuration (Fig. 9).
Rothschild teaches “the holes in this example are hexagonal, but any shape may be used. Some shapes which may be used for the hole include, but are not limited to, circle, square, triangle, trapezoidal among any other shapes including irregular shapes” (Para. [0054]), but does not expressly teach wherein the second peripheral shape is different from the first peripheral shape and the second number of sides is different from the first number of sides.
However, in a similar field of endeavor, Albert teaches a load bearing structure comprising an outer periphery, a first outer surface, and a second outer surface; and a plurality of recesses extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the axial thickness, wherein the plurality of recesses comprise a plurality of first recesses and a plurality of second recesses, wherein the plurality of first recesses have a first peripheral shape with a first number of sides and the plurality of second recesses have a second peripheral shape that is different from the first peripheral shape and a second number of sides that is different from the first number of sides, wherein the first peripheral shape narrows to a first point, and the first recesses are oriented such that the first points are directed radially inward toward the passage, wherein the second peripheral shape narrows to a second point, and the second recesses are oriented such that the second points are directed radially outward away from the passage (Annotated Fig. 13 below shows the first shapes as having three sides and the second shapes having four sides.).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the recesses of Rothschild to the shape of the recesses of Albert. One of ordinary skill in the art would have been motivated to make this modification, because the weight plate of Rothschild would not operate differently with the claimed shapes of the recesses and the recesses would function appropriately as shock absorbers, as desired by Rothschild. Such modifications involve a mere change in shape which fails to distinguish the invention over the prior art. Further, Applicant places no criticality on the specified shapes (see MPEP 2144.04).
Regarding claim 13, Rothschild in view of Albert teaches the weight plate of claim 12, wherein each of the first recesses in the alternating annular configuration has a flat side that is generally parallel with a closest adjacent flat side of an immediately adjacent recess of the second recesses in the alternating annular configuration (Albert: Fig. 13).
Regarding claim 14, Rothschild in view of Albert teaches the weight plate of claim 12, wherein each of the first recesses in the alternating annular configuration has a first flat side and a second flat side converging to form the first point, and wherein the first flat side of each of the first recesses is generally parallel with a first adjacent flat side of a first immediately adjacent recess of the second recesses, and the second flat side of each of the first recesses is generally parallel with a second adjacent flat side of a second immediately adjacent recess of the second recesses (Albert: Fig. 13).
Regarding claim 15, Rothschild in view of Albert teaches the weight plate of claim 12, wherein the first recesses each have a first perimeter defined at the first outer surface or the second outer surface and a first volume, and the second recesses each have a second perimeter defined at the first outer surface or the second outer surface that is different from the first perimeter and a second volume that is different from the first volume (Albert: Fig. 13 shows the second recesses having smaller volumes and perimeters than the first recesses.).
Regarding claim 19, Rothschild in view of Albert teaches the weight plate of claim 12, wherein the plurality of recesses extend axially inward from the first and second outer surfaces through a portion of the axial thickness.
Rothschild does not teach wherein each of the first recesses on the first outer surface is axially aligned with another of the first recesses on the second outer surface to form a pair of first recesses separated by a first inner wall, and each of the second recesses on the first outer surface is axially aligned with another of the second recesses on the second outer surface to form a pair of second recesses separated by a second inner wall.
However, in a similar field of endeavor, Albert teaches a load bearing structure comprising an outer periphery, a first outer surface, and a second outer surface; and a plurality of recesses extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the axial thickness, wherein each of the first recesses on the first outer surface is axially aligned with another of the first recesses on the second outer surface to form a pair of first recesses separated by a first inner wall (web 41), and each of the second recesses on the first outer surface is axially aligned with another of the second recesses on the second outer surface to form a pair of second recesses separated by a second inner wall (web 41) (Fig. 7 shows wherein the web 41 separates a recess on a first outer surface from a recess on a second outer surface.).
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 recesses of Rothschild by including the web of Albert. One of ordinary skill in the art would have been motivated to make this modification in order to “reinforc[e] the resistance of the load-bearing structure,” as suggested by Albert (Col. 8, lines 41-45).
Regarding claim 20, Rothschild in view of Albert teaches the weight plate of claim 12, wherein the weight plate body further comprises:
an inner section having an annular shape with the passage extending axially through the inner section, the inner section having an inner section axial thickness (Rothschild: See annotated Fig. 9 above with regards to claim 11.);
a middle section (second region 908) having an annular shape with a circular inner periphery and a circular outer periphery and positioned radially outward of the inner section, wherein the axial thickness is defined in the middle section, and the plurality of recesses are located in the middle section (Rothschild: Fig. 9); and
an outer section (first region 902) having an annular shape and positioned radially outward of the middle section and forming the outer periphery of the weight plate, wherein the outer section has an outer section axial thickness (Rothschild: Fig. 9), wherein the inner section axial thickness and the outer section axial thickness are greater than the axial thickness of the middle section (Rothschild: Figs. 2 and 9 show wherein the inner section and outer section have greater thicknesses than the middle section. Para. [0070] states “Referring to FIG. 9, another example of a quiet bumper plate 900 is illustrated that is similar to the quiet bumper plate of FIG. 2…”).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Rothschild (US 2019/0232100) in view of Laskowitz (US 2017/0334245).
Regarding claim 21, Rothschild teaches a weight plate (bumper plate 900) comprising:
a weight plate body comprising:
an inner section having an annular shape with a passage extending axially through the inner section and configured to receive an elongated member therethrough, the inner section having a first axial thickness (Annotated Fig. 9 above with regards to claim 11 shows a passage in an inner section of the bumper plate configured to receive a barbell.);
a middle (second region 908) section having an annular shape with a circular inner periphery and a circular outer periphery and positioned radially outward of the inner section, wherein the middle section includes first and second outer surfaces on opposite axial sides of the weight plate, with a second axial thickness defined between the first outer surface and the second outer surface (Fig. 9);
an outer section having an annular shape and positioned radially outward of the middle section and forming an outer radial periphery of the weight plate, wherein the outer section has a third axial thickness (Fig. 9), wherein the first axial thickness and the third axial thickness are greater than the second axial thickness (Figs. 2 and 9 show wherein the inner section and outer section have greater thicknesses than the middle section. Para. [0070] states “Referring to FIG. 9, another example of a quiet bumper plate 900 is illustrated that is similar to the quiet bumper plate of FIG. 2…”); and
a plurality of recesses (holes 910, 912) located in the middle section and extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the second axial thickness, wherein the plurality of recesses comprise a plurality of first recesses (holes 910) having a first peripheral shape with a first number of sides and a plurality of second recesses (holes 912) having a second peripheral shape and a second number of sides (Fig. 9), and
wherein the first recesses and the second recesses are arranged in an alternating annular configuration and are annularly interspersed with one another in the alternating annular configuration (Fig. 9).
Rothschild teaches “the holes in this example are hexagonal, but any shape may be used. Some shapes which may be used for the hole include, but are not limited to, circle, square, triangle, trapezoidal among any other shapes including irregular shapes” (Para. [0054]), but does not expressly teach wherein the second peripheral shape is different from the first peripheral shape, the second number of sides is different from the first number of sides, wherein the first peripheral shape has a first end and a second end opposite the first end, wherein the first peripheral shape narrows to a first point at the first end, and the first recesses are oriented such that the first points are directed radially inward toward the passage, and wherein the second end of the first peripheral shape faces radially outward and is wider in a circumferential direction than the first end, and wherein the second peripheral shape has a first end and a second end opposite the first end, wherein the second peripheral shape narrows to a second point at the second end, and the second recesses are oriented such that the second points are directed radially outward away from the passage, and wherein the first end of the second peripheral shape faces radially inward and is wider in the circumferential direction than the second end.
However, in a similar field of endeavor, Laskowitz teaches a non-pneumatic tire configured to absorb shock comprising a body comprising a plurality of recesses, wherein the plurality of recesses comprise a plurality of first recesses having a first peripheral shape with a first number of sides and a plurality of second recesses having a second peripheral shape that is different from the first peripheral shape and a second number of sides that is different from the first number of sides (Annotated Fig. 9 below shows the first recesses having a pentagonal shape with five sides and the second recesses having a triangular shape with three sides.), wherein the first peripheral shape has a first end and a second end opposite the first end, wherein the first peripheral shape narrows to a first point at the first end, and the first recesses are oriented such that the first points are directed radially inward toward the passage, and wherein the second end of the first peripheral shape faces radially outward and is wider in a circumferential direction than the first end, and wherein the second peripheral shape has a first end and a second end opposite the first end, wherein the second peripheral shape narrows to a second point at the second end, and the second recesses are oriented such that the second points are directed radially outward away from the passage, and wherein the first end of the second peripheral shape faces radially inward and is wider in the circumferential direction than the second end (Annotated Fig. 9 below shows the first recesses having points that point inward toward the center passage and a wider end opposite the point and the second recesses having points that point outward away from the center passage and a wider end opposite the point.).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the recesses of Rothschild to the shape of the recesses of Laskowitz. One of ordinary skill in the art would have been motivated to make this modification, because the weight plate of Rothschild would not operate differently with the claimed shapes of the recesses and the recesses would function appropriately as shock absorbers, as desired by Rothschild. Such modifications involve a mere change in shape which fails to distinguish the invention over the prior art. Further, Applicant places no criticality on the specified shapes (see MPEP 2144.04).
Claims 2-9 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Laskowitz (US 2017/0334245) in view of Poscaps (NPL, a copy of which is provided with this office action.).
Regarding claim 2, Laskowitz teaches a tire comprising:
a body having an outer periphery, a first outer surface and a second outer surface on opposite axial sides of the weight plate body with an axial thickness defined between the first and second outer surfaces, and a passage extending axially through the weight plate body and configured to receive an elongated member therethrough (Fig. 9: The passage in the center of the tire is capable of receiving an elongated member.), wherein the first outer surface and the second outer surface extend from the passage radially outward to the outer periphery (Fig. 9); and
a plurality of recesses extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the axial thickness, wherein the plurality of recesses comprise a plurality of first recesses having a first peripheral shape with a first number of sides and a plurality of second recesses having a second peripheral shape and a second number of sides (Enlarged Fig. 9 has been annotated below to label the plurality of first recesses and the plurality of second recesses.),
wherein the first peripheral shape has a first end and a second end opposite the first end, wherein the first peripheral shape narrows to a first point at the first end, and the first recesses are oriented such that the first points are directed radially inward toward the passage, and wherein the second end of the first peripheral shape faces radially outward and is wider in a circumferential direction than the first end (Annotated Fig. 9 below shows each of the plurality of first recesses having a point that is directed inward toward the passage with a wider opposite end.),
wherein the second peripheral shape has a first end and a second end opposite the first end, wherein the second peripheral shape narrows to a second point at the second end, and the second recesses are oriented such that the second points are directed radially outward away from the passage, and wherein the first end of the second peripheral shape faces radially inward and is wider in the circumferential direction than the second end (Annotated Fig. 9 below shows each of the plurality of second recesses having a point that is directed outward away from the passage with a wider opposite end.), and
wherein the first recesses and the second recesses are arranged in an alternating annular configuration and are annularly interspersed with one another in the alternating annular configuration (Fig. 9 shows the first and second recesses being annular interspersed.).
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Laskowitz does not expressly teach a weight plate and a weight plate body. However, it is noted that the claimed structure of the weight plate is taught by Laskowitz and the weight plate is not claimed with the specific function of weightlifting.
However, in a similar field of endeavor, Poscaps teaches using tire weights as weight plates.
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 tire of Laskowitz by using it as a weight plate for a barbell. One of ordinary skill in the art would have been motivated to make this modification in order to provide a DIY alternative to traditional barbells “for strongman training,” as suggested by Poscaps.
Regarding claim 3, Laskowitz in view of Poscaps teaches the weight plate of claim 2, wherein each of the first recesses in the alternating annular configuration has a flat side that is generally parallel with a closest adjacent flat side of an immediately adjacent recess of the second recesses in the alternating annular configuration (Laskowitz: See annotated Fig. 9 above with regards to claim 2. The sides of the first recesses are parallel to the sides of the second recesses.).
Regarding claim 4, Laskowitz in view of Poscaps teaches the weight plate of claim 2, wherein each of the first recesses in the alternating annular configuration has a first flat side and a second flat side converging to form the first point, and wherein the first flat side of each of the first recesses is generally parallel with a first adjacent flat side of a first immediately adjacent recess of the second recesses, and the second flat side of each of the first recesses is generally parallel with a second adjacent flat side of a second immediately adjacent recess of the second recesses (Laskowitz: See annotated Fig. 9 above with regards to claim 2. The sides of the first recesses are parallel to the sides of the second recesses.).
Regarding claim 5, Laskowitz in view of Poscaps teaches the weight plate of claim 2, wherein the second peripheral shape is different than the first peripheral shape, and the second number of sides is different from the first number of sides (Laskowitz: Annotated Fig. 9 above shows the first peripheral shape being a pentagon with five sides and the second peripheral shape being a triangle with three sides.).
Regarding claim 6, Laskowitz in view of Poscaps teaches the weight plate of claim 2, wherein the first recesses each have a first perimeter defined at the first outer surface or the second outer surface and a first volume, and the second recesses each have a second perimeter defined at the first outer surface or the second outer surface that is different from the first perimeter and a second volume that is different from the first volume (Laskowitz: Annotated Fig. 9 shows the first recesses having larger perimeters and volumes than the second recesses.).
Regarding claim 7, Laskowitz in view of Poscaps teaches the weight plate of claim 2, wherein the plurality of recesses further comprises a plurality of third recesses having a third peripheral shape that is different from the first peripheral shape and the second peripheral shape and a third number of sides (Laskowitz: Annotated Fig. 9 above shows a third plurality of recesses having a kite shape with four sides. The first recesses are pentagonal and the second recesses are triangular.).
Regarding claim 8, Laskowitz in view of Poscaps teaches the weight plate of claim 7, wherein the plurality of recesses further comprises a plurality of fourth recesses having a fourth peripheral shape that is different from the third peripheral shape and a fourth number of sides that is different from the third number of sides (Laskowitz: Annotated Fig. 9 shows a plurality of fourth recesses having a triangular shape with three sides that is different from the kite shape with four sides of the plurality of third recesses.).
Regarding claim 9, Laskowitz in view of Poscaps teaches the weight plate of claim 8, wherein the third recesses and the fourth recesses are arranged in a second alternating annular configuration and are annularly interspersed with one another in the second alternating annular configuration (Laskowitz: Fig. 9 shows the third and fourth recesses being annularly interspersed.).
Regarding claim 12, Laskowitz teaches a tire comprising:
a body having an outer periphery, a first outer surface and a second outer surface on opposite axial sides of the weight plate body with an axial thickness defined between the first and second outer surfaces, and a passage extending axially through the weight plate body and configured to receive an elongated member therethrough (Fig. 9: The passage in the center of the tire is capable of receiving an elongated member.), wherein the first outer surface and the second outer surface extend from the passage radially outward to the outer periphery (Fig. 9); and
a plurality of recesses extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the axial thickness, wherein the plurality of recesses comprise a plurality of first recesses having a first peripheral shape with a first number of sides and a plurality of second recesses having a second peripheral shape that is different from the first peripheral shape and a second number of sides that is different from the first number of sides (Enlarged Fig. 9 has been annotated above with regards to claim 2 to label the plurality of first recesses and the plurality of second recesses. The plurality of first recesses have a pentagonal shape with five sides and the plurality of second recesses have a triangular shape with three sides.),
wherein the first peripheral shape narrows to a first point, and the first recesses are oriented such that the first points are directed radially inward toward the passage (Annotated Fig. 9 shows the first recesses having points directed radially inward.),
wherein the second peripheral shape narrows to a second point, and the second recesses are oriented such that the second points are directed radially outward away from the passage (Annotated Fig. 9 shows the second recesses having points directed radially outward.), and
wherein the first recesses and the second recesses are arranged in an alternating annular configuration and are annularly interspersed with one another in the alternating annular configuration (Fig. 9 shows the first and second recesses being annular interspersed.).
Laskowitz does not expressly teach a weight plate and a weight plate body. However, it is noted that the claimed structure of the weight plate is taught by Laskowitz and the weight plate is not claimed with the specific function of weightlifting.
However, in a similar field of endeavor, Poscaps teaches using tire weights as weight plates.
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 tire of Laskowitz by using it as a weight plate for a barbell. One of ordinary skill in the art would have been motivated to make this modification in order to provide a DIY alternative to traditional barbells “for strongman training,” as suggested by Poscaps.
Regarding claim 13, Laskowitz in view of Poscaps teaches the weight plate of claim 12, wherein each of the first recesses in the alternating annular configuration has a flat side that is generally parallel with a closest adjacent flat side of an immediately adjacent recess of the second recesses in the alternating annular configuration (Laskowitz: See annotated Fig. 9 above with regards to claim 2. The sides of the first recesses are parallel to the sides of the second recesses.).
Regarding claim 14, Laskowitz in view of Poscaps teaches the weight plate of claim 12, wherein each of the first recesses in the alternating annular configuration has a first flat side and a second flat side converging to form the first point, and wherein the first flat side of each of the first recesses is generally parallel with a first adjacent flat side of a first immediately adjacent recess of the second recesses, and the second flat side of each of the first recesses is generally parallel with a second adjacent flat side of a second immediately adjacent recess of the second recesses (Laskowitz: See annotated Fig. 9 above with regards to claim 2. The sides of the first recesses are parallel to the sides of the second recesses.).
Regarding claim 15, Laskowitz in view of Poscaps teaches the weight plate of claim 12, wherein the first recesses each have a first perimeter defined at the first outer surface or the second outer surface and a first volume, and the second recesses each have a second perimeter defined at the first outer surface or the second outer surface that is different from the first perimeter and a second volume that is different from the first volume (Laskowitz: Annotated Fig. 9 shows the first recesses having larger perimeters and volumes than the second recesses.).
Regarding claim 16, Laskowitz in view of Poscaps teaches the weight plate of claim 12, wherein the plurality of recesses further comprises a plurality of third recesses having a third peripheral shape that is different from the first peripheral shape and the second peripheral shape and a third number of sides (Laskowitz: Annotated Fig. 9 above shows a third plurality of recesses having a kite shape with four sides. The first recesses are pentagonal and the second recesses are triangular.).
Regarding claim 17, Laskowitz in view of Poscaps teaches the weight plate of claim 16, wherein the plurality of recesses further comprises a plurality of fourth recesses having a fourth peripheral shape that is different from the third peripheral shape and a fourth number of sides that is different from the third number of sides (Laskowitz: Annotated Fig. 9 shows a plurality of fourth recesses having a triangular shape with three sides that is different from the kite shape with four sides of the plurality of third recesses.).
Regarding claim 18, Laskowitz in view of Poscaps teaches the weight plate of claim 17, wherein the third recesses and the fourth recesses are arranged in a second alternating annular configuration and are annularly interspersed with one another in the second alternating annular configuration (Laskowitz: Fig. 9 shows the third and fourth recesses being annularly interspersed.).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-6, 11-15, and 20-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 9 of U.S. Patent No. 12,145,018 in view of Laskowitz (US 2017/0334245).
U.S. Patent No. 12,145,018 has been linked via Terminal Disclaimer to prior U.S. Patent No. 11,565,142. When filing the Terminal Disclaimer to overcome the instant rejection, Applicant is recommended to list the already linked Patents on the Terminal Disclaimer as well for the purpose of ensuring a clear record.
Regarding independent claims 2, 12, and 21 of the instant application, claims 2 and 9 of U.S. Patent No. 12,145,018 claim “a weight plate comprising: an inner section having an annular shape with a passage extending axially through the inner section and configured to receive an elongated member therethrough, the inner section having a first axial thickness; a middle section having an annular shape with a circular inner periphery and a circular outer periphery and positioned radially outward of the inner section, wherein the middle section includes first and second outer surfaces on opposite axial sides of the weight plate, with a second axial thickness defined between the first outer surface and the second outer surface; an outer section having an annular shape and positioned radially outward of the middle section and forming an outer radial periphery of the weight plate, wherein the outer section has a third axial thickness, wherein the first axial thickness and the third axial thickness are greater than the second axial thickness; and a plurality of recesses located in the middle section and extending axially inward from at least one of the first outer surface and the second outer surface through at least a portion of the second axial thickness, wherein the plurality of recesses comprise a plurality of first recesses having a first peripheral shape with a first number of sides and a plurality of second recesses having a second peripheral shape that is different from the first peripheral shape and a second number of sides that is different from the first number of sides, wherein the first recesses and the second recesses are arranged in an alternating annular configuration and are annularly interspersed with one another in the alternating annular configuration.”
U.S. Patent No. 12,145,018 does not claim wherein the first peripheral shape has a first end and a second end opposite the first end, wherein the first peripheral shape narrows to a first point at the first end, and the first recesses are oriented such that the first points are directed radially inward toward the passage, and wherein the second end of the first peripheral shape faces radially outward and is wider in a circumferential direction than the first end, wherein the first peripheral shape has a first end and a second end opposite the first end, wherein the first peripheral shape narrows to a first point at the first end, and the first recesses are oriented such that the first points are directed radially inward toward the passage, and wherein the second end of the first peripheral shape faces radially outward and is wider in a circumferential direction than the first end.
However, in a similar field of endeavor, a non-pneumatic tire configured to absorb shock comprising a body comprising a plurality of recesses, wherein the plurality of recesses comprise a plurality of first recesses having a first peripheral shape with a first number of sides and a plurality of second recesses having a second peripheral shape that is different from the first peripheral shape and a second number of sides that is different from the first number of sides (Annotated Fig. 9 above shows the first recesses having a pentagonal shape with five sides and the second recesses having a triangular shape with three sides.), wherein the first peripheral shape has a first end and a second end opposite the first end, wherein the first peripheral shape narrows to a first point at the first end, and the first recesses are oriented such that the first points are directed radially inward toward the passage, and wherein the second end of the first peripheral shape faces radially outward and is wider in a circumferential direction than the first end, and wherein the second peripheral shape has a first end and a second end opposite the first end, wherein the second peripheral shape narrows to a second point at the second end, and the second recesses are oriented such that the second points are directed radially outward away from the passage, and wherein the first end of the second peripheral shape faces radially inward and is wider in the circumferential direction than the second end (Annotated Fig. 9 above shows the first recesses having points that point inward toward the center passage and a wider end opposite the point and the second recesses having points that point outward away from the center passage and a wider end opposite the point.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the recesses of U.S. Patent No. 12,145,018 to the shape of the recesses of Laskowitz. One of ordinary skill in the art would have been motivated to make this modification, because the weight plate would not operate differently with the claimed shapes of the recesses and the recesses would function appropriately as shock absorbers, as desired. Such modifications involve a mere change in shape which fails to distinguish the invention over the prior art (see MPEP 2144.04).
Regarding claim 3 of the instant application, U.S. Patent No. 12,145,018 in view of Laskowitz teaches “the weight plate of claim 2, wherein each of the first recesses in the alternating annular configuration has a flat side that is generally parallel with a closest adjacent flat side of an immediately adjacent recess of the second recesses in the alternating annular configuration” (Laskowitz: Fig. 9).
Regarding claim 4 of the instant application, U.S. Patent No. 12,145,018 in view of Laskowitz teaches “the weight plate of claim 2, wherein each of the first recesses in the alternating annular configuration has a first flat side and a second flat side converging to form the first point, and wherein the first flat side of each of the first recesses is generally parallel with a first adjacent flat side of a first immediately adjacent recess of the second recesses, and the second flat side of each of the first recesses is generally parallel with a second adjacent flat side of a second immediately adjacent recess of the second recesses” (Laskowitz: Fig. 9. The sides of the first recesses are parallel to the sides of the second recesses.).
Regarding claim 5 of the instant application, claim 2 of U.S. Patent No. 12,145,018 claims “wherein the second peripheral shape is different than the first peripheral shape, and the second number of sides is different from the first number of sides.”
Regarding claim 6 of the instant application, U.S. Patent No. 12,145,018 in view of Laskowitz teaches “the weight plate of claim 2, wherein the first recesses each have a first perimeter defined at the first outer surface or the second outer surface and a first volume, and the second recesses each have a second perimeter defined at the first outer surface or the second outer surface that is different from the first perimeter and a second volume that is different from the first volume” (Laskowitz: Fig. 9).
Regarding claim 11 of the instant application, claim 2 of U.S. Patent No. 12,145,018 claims “wherein the weight plate body further comprises: an inner section having an annular shape with the passage extending axially through the inner section, the inner section having an inner section axial thickness; a middle section having an annular shape with a circular inner periphery and a circular outer periphery and positioned radially outward of the inner section, wherein the axial thickness is defined in the middle section, and the plurality of recesses are located in the middle section; and an outer section having an annular shape and positioned radially outward of the middle section and forming the outer periphery of the weight plate, wherein the outer section has an outer section axial thickness, wherein the inner section axial thickness and the outer section axial thickness are greater than the axial thickness of the middle section.”
Regarding claim 13 of the instant application, U.S. Patent No. 12,145,018 in view of Laskowitz teaches “the weight plate of claim 12, wherein each of the first recesses in the alternating annular configuration has a flat side that is generally parallel with a closest adjacent flat side of an immediately adjacent recess of the second recesses in the alternating annular configuration” (Laskowitz: Fig. 9. The sides of the first recesses are parallel to the sides of the second recesses.).
Regarding claim 14 of the instant application, U.S. Patent No. 12,145,018 in view of Laskowitz teaches “the weight plate of claim 12, wherein each of the first recesses in the alternating annular configuration has a first flat side and a second flat side converging to form the first point, and wherein the first flat side of each of the first recesses is generally parallel with a first adjacent flat side of a first immediately adjacent recess of the second recesses, and the second flat side of each of the first recesses is generally parallel with a second adjacent flat side of a second immediately adjacent recess of the second recesses” (Laskowitz: Fig. 9. The sides of the first recesses are parallel to the sides of the second recesses.).
Regarding claim 15 of the instant application, U.S. Patent No. 12,145,018 in view of Laskowitz teaches “the weight plate of claim 12, wherein the first recesses each have a first perimeter defined at the first outer surface or the second outer surface and a first volume, and the second recesses each have a second perimeter defined at the first outer surface or the second outer surface that is different from the first perimeter and a second volume that is different from the first volume” (Laskowitz: Fig. 9 shows the first recesses having larger perimeters and volumes than the second recesses.).
Regarding claim 20 of the instant application, claim 2 of U.S. Patent No. 12,145,018 claims “wherein the weight plate body further comprises: an inner section having an annular shape with the passage extending axially through the inner section, the inner section having an inner section axial thickness; a middle section having an annular shape with a circular inner periphery and a circular outer periphery and positioned radially outward of the inner section, wherein the axial thickness is defined in the middle section, and the plurality of recesses are located in the middle section; and an outer section having an annular shape and positioned radially outward of the middle section and forming the outer periphery of the weight plate, wherein the outer section has an outer section axial thickness, wherein the inner section axial thickness and the outer section axial thickness are greater than the axial thickness of the middle section.”
Conclusion
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784