DETAILED ACTION
This is the first Office Action on the merits based on the 18/956,263 application filed on 11/22/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-8, as originally filed, are currently pending and considered below.
Claim Objections
Claim 2 is objected to because of the following informalities:
On line 1, “formed in the U” should be corrected to --- formed in the U of the U-shaped spacer ---
Claim 3 is objected to because of the following informalities:
On line 2, “comprising” should be corrected to --- comprising of ---
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 and 7-8 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.
Claim 3 recites the limitation "two grooves" in line 1. The limitation renders the claim indefinite because it is unclear if the “two grooves” is part of the “at least one groove” of claim 2 or a separate structure. Applicant is advised to change the limitation “comprising two grooves” to --- wherein the at least one groove comprises two grooves ---.
Claim 3 recites the limitation "a connector" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is suggested to change the limitation “a connector” to “the connector”.
Claim 7 recites the limitation "the group" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant is suggested to change the limitation “the group” to “a group”. Claim 8 is rejected as being dependent off of rejected claim 7.
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)(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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US Patent Pub. No. 2003/0130099; FD: 02/21/2003).
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Regarding claim 1, Chen discloses a spacer (Handles piece 20; Figure 5; i.e., the handle 20 serves as a spacer between the longitudinal member 60 and the cable 10; The preamble of the claim is not considered a limitation and is of no significance to claim construction, therefore, the claims limitation “a connector supporting an arm supporting an elastic band serving as a resistance element in an apparatus used for resistance training” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention' s limitations. See MPEP § 2111.02.; Additionally, the terms “spacer” and “connector” are being interpreted under the broadest reasonable interpretation of the respective terms) for effectively shortening a connector (Elastic band 10; Figure 5) supporting an arm supporting an elastic band serving as a resistance element in an apparatus used for resistance training, wherein: the spacer is U-shaped (i.e., the spacer/handle piece 20 forms a u shaped as seen in Figure 5); the spacer has a substantially flat lower surface (i.e., the bottom surface of the handle portion 20 is circular flat portion) and a sloped upper surface (i.e., the top surface of either side of the handle portion 20 is a sloped upper surface as seen in Figure 5 by the different height annotations) opposite the lower surface; the spacer has a first height and a second height that differs from the first height (i.e., both heights are annotated in Figure 5 above); and the spacer is configured to be capable of shortening the connector consequent to being removably clipped to the connector (i.e., the spacer/handle portion 20 shortens the connector by clipping the connector/band 10 with the impringer head 30).
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.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Patent Pub. No. 2003/0130099; FD: 02/21/2003) in view of Porterfield (US Patent Pub. No. 2019/0015696; FD: 07/11/2018).
Regarding claim 7, Chen discloses a spacer (Handles piece 20; Figure 5).
Chen does not disclose the spacer is made of a material selected from the group that consists of polyoxymethylene, epoxy resin, and polycarbonate.
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Porterfield teaches an analogous exercise device (See Figure 5 above) comprising the spacer (Handle 42 having grip body 68; Figure 5) is made of a material selected from the group that consists of polyoxymethylene, epoxy resin, and polycarbonate (Para. [0049] “The grip body 68, 70 may be formed from a resilient polymeric material such as nylon or polyoxymethylene, as non-limiting examples.”).
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 spacer/handle portion of Chen to be made of polyoxymethylene as taught by Porterfield in order to have a suitable material that is both light weight and durable for exercise use.
Regarding claim 8, Chen in view of Porterfield teaches the spacer is made of polyoxymethylene (Para. [0049] “The grip body 68, 70 may be formed from a resilient polymeric material such as nylon or polyoxymethylene, as non-limiting examples.”).
Allowable Subject Matter
Claims 2 and 4-6 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 prior art of record Hinds (US Patent No. 6,923,750; FD: 08/28/2002), Bon-Rabee (US Patent Pub. No. 2022/0134169; FD: 10/29/2021), Falahi (US Patent Pub. No. 2022/0176187; FD: 12/09/2021), Hinds (US Patent No. 6,398,698; FD: 09/01/1999), and Moore (DE10 2024118350; FD: 06/28/2024) fail to teach or render obvious the independent claim.
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Bon-Rabee discloses a spacer (Para. [0041] “one or more spacers (not pictured) may be supplied for insertion between the knot and the bottom of the arm 430, effectively shortening the cord 440.”) for effectively shortening a connector supporting an arm (Slings 135; Figure 1) supporting an elastic band (Elastic band 140; Figure 1) serving as a resistance element in an apparatus (Apparatus 110; Figure 1) used for resistance training but does not teach the spacer is U-shaped; the spacer has a substantially flat lower surface and a sloped upper surface opposite the lower surface; the spacer has a first height and a second height that differs from the first height; and the spacer is configured to be capable of shortening the connector consequent to being removably clipped to the connector.
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Kim discloses a spacer (Band fitting 60; Figures 4 and 5) for effectively shortening a connector (Connector 30; Figures 4 and 5); an elastic band (Elastic band 20; Figures 4 and 5) serving as a resistance element in an apparatus (Exercise device seen in Figure 4) used for resistance training; the spacer has a first height (i.e., the spacer/band fitting 60 has a singular height as seen in Figures 4 and 5) but does not teach a connector supporting an arm supporting; the spacer is U-shaped; the spacer has a substantially flat lower surface and a sloped upper surface opposite the lower surface; a second height that differs from the first height; and the spacer is configured to be capable of shortening the connector consequent to being removably clipped to the connector.
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Moore discloses a spacer (Locking mechanism 10alr; Figure 10C) for effectively shortening an elastic band (Flexible tubing 20etf; Figure 10C) serving as a resistance element in an apparatus (Apparatus 200; Figure 10C) used for resistance training, a first height (i.e., the mechanism 10alr has a singular height) but does not teach the spacer is U-shaped; the spacer has a substantially flat lower surface and a sloped upper surface opposite the lower surface; the spacer has a second height that differs from the first height; and the spacer is configured to be capable of shortening the connector consequent to being removably clipped to the connector.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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