DETAILED ACTION
This is the first Office Action on the merits based on the 18/955,813 application filed on 11/21/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20, as originally filed, are currently pending and considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/30/2025 and 07/03/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
The claim limitation “lock mechanisms” present in claim 6 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “mechanisms” for performing the claimed function;
b) The term “mechanisms” is modified by the functional language “lock”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “lock mechanisms” present in claim 6, this limitation is taken to describe “spring loaded button 226” (Para. [0069]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 4 is objected to because of the following informalities:
On line 3, “a resistance band” should be corrected to --- the resistance band ---
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.
Claim 7 is 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.
Claim 7 recites the limitation “a plurality of adjustable levelers for a plurality of feet of the base” in lines 1-2. The limitation renders the claim indefinite because it is unclear if the plurality of adjustable levers are a part of each individual foot of the plurality of feet or if there is multiple adjustable levers for each individual foot of the plurality of feet. Applicant is suggested to change the limitation “a plurality of adjustable levelers for a plurality of feet of the base” to “a respective leveler of a plurality of adjustable levelers for each foot of a plurality of feet of the base”.
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 (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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4, and 9-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Parvarandeh (US Patent Pub. No. 2024/0139578; CIP Filing Date: 07/27/2021).
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Regarding claim 1, Parvarandeh discloses an exercise station (Exercise equipment seen in Figure 19A above; i.e., the embodiment of the exercise equipment of Figure 19A has the same hinge structures as the embodiment of Figure 4) comprising: a base (Base platform 82; Figure 19A) configured to rest on a floor (i.e., the base platform 82 lies on a ground surface); a first stand (Left members of the first frame section 85 and second frame section 87; Figure 19A) comprising: a first lower stand member (Left member of the first frame section 85; Figure 19A) coupled to a first side (i.e., the left side of the base 82) of the base at a lower end of the first lower stand member via a first lower hinge (i.e., the left first lower hinge is annotated in Figure 19A above); and a first upper stand member (Left member of the second frame section 87; Figure 19A) coupled to an upper end of the first lower stand member at a lower end of the first upper stand member via a first middle hinge (i.e., the left middle hinge annotated in Figure 19A above); a second stand (Right members of the first frame section 85 and second frame section 87; Figure 19A) comprising: a second lower stand member (Right member of the first frame section 85; Figure 19A) coupled to a second side (i.e., right side of the base 82) of the base at a lower end of the second lower stand member via a second lower hinge (i.e., the right lower hinge as annotated in Figure 19A above); and a second upper stand member (Right member of the second frame section 87; Figure 19A) coupled to an upper end of the second lower stand member at a lower end of the second upper stand member via a second middle hinge (i.e., the right middle hinge annotated in Figure 19A above); a pull-up bar (Third frame section 89; Figure 19A) coupled to an upper end of the first upper stand member at a first side of the pull-up bar via a first upper hinge, and coupled to an upper end of the second upper stand member at a second side of the pull-up bar via a second upper hinge (i.e., the first upper and lower hinges are annotated above in Figure 19A); and a resistance band anchor (Fastener 106 placed within fastener sites 86; Figures 20 and 21) coupled to the base, wherein the resistance band anchor is configured to couple a resistance band to the exercise station (i.e., the fastener 106 can fasten to the fastener sites 86 to allow for a resistance band to be attached; Para. [0076] “The fastener 106 includes a fastener base 108 with fastener protrusions 114 and a screw or pin 116 on one side and an accessory fastener 110 on another side. The accessory fastener 110 includes an eye hole 112 enabling connection to an accessory having a complementary attachment means. For example, a resistance band can have a clamp or hook configured to attach at the eye hole 112.”).
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Regarding claim 2, Parvarandeh discloses the resistance band anchor is coupled to a base bar (i.e., the left base bar of the base 82) of the base at an inside location (i.e., see annotation above) of the base bar closer to the first stand than to the second stand (i.e., the resistance band anchor/fastener 106 can attach to the annotated location seen in Figure 19A above that is close to the first stand/left members 85, 87 than the second stand/right members 85, 87).
Regarding claim 4, Parvarandeh discloses a hook portion (Fastener protrusions 114; Figure 21) of the resistance band anchor is configured to ascend above a base bar (i.e., the hook portion/fastener protrusions 114 extend into the fastener locations 86 of the either left or right bars of the base 82) of the base when in the resistance band anchor is in use with a resistance band, and wherein the hook portion of the resistance band anchor is configured to lay against the base bar when the resistance band anchor is not in use (i.e., when placed within the fastener sites 86, the fastener 106 can lay on against the base bar of the base 82).
Regarding claim 9, Parvarandeh discloses a platform (Seat arrangement 95; Figure 19A; i.e., the bottom flat platform of the seat 95 is coupled to the base 82 as seen in Figure 19A) configured to be coupled to the base of the exercise station.
Regarding claim 10, Parvarandeh discloses the first stand and the second stand each have an adjustable height whereby an overall height of the exercise station is selectively changeable (i.e., the height of the stands are adjustable based on the hinges annotated in Figure 19A either being extended or contracted).
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Regarding claim 11, Parvarandeh discloses an exercise station (Exercise equipment seen in Figure 19A above; i.e., the embodiment of the exercise equipment of Figure 19A has the same hinge structures as the embodiment of Figure 4) comprising: a base (Base platform 82; Figure 19A) configured to rest on a floor (i.e., the base platform 82 lies on a ground surface); a first stand (Left members of the first frame section 85 and second frame section 87; Figure 19A) comprising: a first lower stand member (Left member of the first frame section 85; Figure 19A) coupled to a first side (i.e., the left side of the base 82) of the base at a lower end of the first lower stand member via a first lower hinge (i.e., the left first lower hinge is annotated in Figure 19A above); and a first upper stand member (Left member of the second frame section 87; Figure 19A) coupled to an upper end of the first lower stand member at a lower end of the first upper stand member via a first middle hinge (i.e., the left middle hinge annotated in Figure 19A above); a second stand (Right members of the first frame section 85 and second frame section 87; Figure 19A) comprising: a second lower stand member (Right member of the first frame section 85; Figure 19A) coupled to a second side (i.e., right side of the base 82) of the base at a lower end of the second lower stand member via a second lower hinge (i.e., the right lower hinge as annotated in Figure 19A above); and a second upper stand member (Right member of the second frame section 87; Figure 19A) coupled to an upper end of the second lower stand member at a lower end of the second upper stand member via a second middle hinge (i.e., the right middle hinge annotated in Figure 19A above); a pull-up bar (Third frame section 89; Figure 19A) coupled to an upper end of the first upper stand member at a first side of the pull-up bar via a first upper hinge, and coupled to an upper end of the second upper stand member at a second side of the pull-up bar via a second upper hinge (i.e., the first upper and lower hinges are annotated above in Figure 19A); a first additional handle (Left arm bar accessory 90; Figure 19A) configured to be selectively coupled to the first stand, wherein the first additional handle comprises a first U shape; and a second additional handle configured to be selectively coupled to the second stand, wherein the second additional handle comprises a second U shape (i.e., each respective first and second additional handle/left arm bar accessory 90 is selectively connected to the first stand/left member of the second frame section 87 and the second stand/right member by way of the board accessory 88, the u shape of the additional handles is annotated in Figure 19A).
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 (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.
(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 11-12 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiaochun (JP-3237914; DP: 06/16/2022).
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Regarding claim 11, Xiaochun discloses an exercise station (See Figure 2 above) comprising: a base (Base 11; Figure 2) configured to rest on a floor; a first stand (Left fixing base 3; Figure 2) comprising: a first lower stand member (Left folding rod 7; Figure 2) coupled to a first side of the base at a lower end of the first lower stand member via a first lower hinge (Left U-shaped support connection base 10; Figure 2); and a first upper stand member (Left upper folding rod 3; Figure 2) coupled to an upper end of the first lower stand member at a lower end of the first upper stand member via a first middle hinge (Left central connection base 5; Figure 2); a second stand (Right fixing base 3; Figure 2) comprising: a second lower stand member (Right folding rod 7; Figure 2) coupled to a second side of the base at a lower end of the second lower stand member via a second lower hinge (U-shaped right support connection base 10; Figure 2); and a second upper stand member (Right upper folding rod 3; Figure 2) coupled to an upper end of the second lower stand member at a lower end of the second upper stand member via a second middle hinge (Right central connection base 5; Figure 2); a pull-up bar (Single bar 1; Figure 2) coupled to an upper end of the first upper stand member at a first side of the pull-up bar via a first upper hinge (i.e., the left upper hinge annotated in Figure 2 above), and coupled to an upper end of the second upper stand member at a second side of the pull-up bar via a second upper hinge (i.e., the right upper hinge annotated in Figure 2 above); a first additional handle (Left support handle 14; Figure 2; i.e., the left support handle 14 is selectively coupled to the left folding rod 7 of the left fixing base 3) configured to be selectively coupled to the first stand, wherein the first additional handle comprises a first U shape (Left u-shaped lock 15; Figure 2); and a second additional handle (Right support handle 14; Figure 2; i.e., the right support handle 14 is selectively coupled to the right folding rod 7 of the right fixing base 3) configured to be selectively coupled to the second stand, wherein the second additional handle comprises a second U shape (Right u-shaped lock 15; Figure 2).
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Regarding claim 12, Xiaochun discloses the first additional handle is coupled to the first stand, the first U shape of the first additional handle comprises a tail slanting inward (i.e., both additional handles have a tail slanting inward).
Regarding claim 16, Xiaochun discloses an exercise station (Exercise device of Figure 2 above) comprising: a base (Base 11; Figure 2) configured to rest on a floor; a first stand (Left fixing base 3; Figure 3) comprising: a first lower stand member (Left folding rod 7; Figure 2) coupled to a first side of the base at a lower end of the first lower stand member via a first lower U-shaped channel hinge (Left U-shaped support connection base 10; Figure 2); and a first upper stand member (Left upper folding rod 3; Figure 2) coupled to an upper end of the first lower stand member at a lower end of the first upper stand member via a first middle U-shaped channel hinge (Left central connection base 5; Figure 2); a second stand (Right fixing base 3; Figure 2) comprising: a second lower stand member (Right folding rod 7; Figure 2) coupled to a second side of the base at a lower end of the second lower stand member via a second lower U-shaped channel hinge (U-shaped right support connection base 10; Figure 2); and a second upper stand member (Right upper folding rod 3; Figure 2) coupled to an upper end of the second lower stand member at a lower end of the second upper stand member via a second middle U-shaped channel hinge (Right central connection base 5; Figure 2); and a pull-up bar (Single bar 1; Figure 2) coupled to an upper end of the first upper stand member at a first side of the pull-up bar via a first upper hinge (i.e., the left upper hinge annotated in Figure 2 above), and coupled to an upper end of the second upper stand member at a second side of the pull-up bar via a second upper hinge (i.e., the right upper hinge annotated in Figure 2 above).
Regarding claim 17, Xiaochun discloses the first middle U-shaped channel hinge is attached to one of the first lower stand member or the first upper stand member, and is hingedly coupled to the other of the first lower stand member or the first upper stand member (i.e., the first middle u-shaped channel hinge/left center connection base 5 connects the lower stand member/left folding rod 7 to the upper stand member/left upper folding rod 3).
Regarding claim 18, Xiaochun discloses the first middle U-shaped channel hinge is, in an expanded state of the exercise station, seated directly against the first lower stand member and the first upper stand member (i.e., the first middle u-shaped channel hinge/left center connection base 5 connects the lower stand member/left folding rod 7 to the upper stand member/left upper folding rod 3 in the extended state as seen in Figure 2).
Allowable Subject Matter
Claims 3, 5-6, 8, 13-15 and 19-20 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.
Claim 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art of record Henderson (US Patent Pub. No. 2005/0003938; PD:01/06/2005), Ivanov (US Patent No. 11,896,863; DP: 02/13/2024), Xiaochun (JP-3237914-U; DP: 06/16/2022) Lomas (GB 2544483; DP: 05/24/2017), and Lawton (US Patent No. 10,987,532; DP: 04/27/2021) fail to teach or render obvious claims 3, 5-8, 13-15 and 19-20.
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Ivanov discloses an exercise station (Training system 100; Figure 1A) comprising: a base (Base 102; Figure 1A) configured to rest on a floor; a first stand (Left support member 114; Figure 1A) comprising: a first lower stand member (Left support member 114; Figure 1A) coupled to a first side of the base at a lower end of the first lower stand member via a first lower hinge (Gussets 104A-B; Figure 1A); a second stand (Right support member 114; Figure 1A) comprising: a second lower stand member (Right support member 114; Figure 1A) coupled to a second side of the base at a lower end of the second lower stand member via a second lower hinge (Gussets 104C-D); and a resistance band anchor (One of the connectors 126; Figure 1A) coupled to the base, wherein the resistance band anchor is configured to couple a resistance band to the exercise station (Col. 3 Lines 12-15 “Connectors 226 may be hooks, cleats, holes for receiving pins, etc. that can allow straps and/or mat 208 to be secured to base 302.”) but does not teach a first upper stand member coupled to an upper end of the first lower stand member at a lower end of the first upper stand member via a first middle hinge; and a second upper stand member coupled to an upper end of the second lower stand member at a lower end of the second upper stand member via a second middle hinge; a pull-up bar coupled to an upper end of the first upper stand member at a first side of the pull-up bar via a first upper hinge, and coupled to an upper end of the second upper stand member at a second side of the pull-up bar via a second upper hinge.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Notice of References Cited for additional pertinent prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784