DETAILED ACTION
This is the first Office Action on the merits based on the 18/974,397 application filed on 12/09/2024. 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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
None of the drawings have reference numbers and the drawings should have black and white lines
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. 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.
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.
Claim Objections
Claims 1, 9, 11, and 20 are objected to because of the following informalities:
In Claim 1, Line 4, the limitation “each zone” should be corrected to --- each zone of the plurality of zones ----
In Claim 9, Line 1, the limitation “the swivel assemble” should be corrected to ------ the swivel assembly ---
In Claim 11, Line 1, the limitation “the swivel assemble” should be corrected to ---- the swivel assembly ---
In Claim 20, Line 1, the limitation “the swivel assemble” should be corrected to ---- the swivel assembly ---
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 1-20 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 1 recites the limitation “swivel” in line 13 lacks antecedent basis and clarity. It is unclear if the “swivel” is the same as the “swivel assembly” in line 12 of claim 1. Applicant is advised to change the limitation ”swivel” to --- swivel assembly ---. Claims 2-11 are rejected as being dependent off of rejected claim 1.
Claim 1 recites the limitation “each slider is configured to receive a second cable at ta first end of the second cable” in lines 6-7. The limitation renders the claim indefinite because it is unclear since there is a second cable if this same cable is received by both slider since there are two sliders.
Claim 12 recites the limitation “swivel” in line 6 lacks antecedent basis and clarity. It is unclear if the “swivel” is the same as the “swivel assembly” in line 5 of claim 12. Applicant is advised to change the limitation ”swivel” to --- swivel assembly ---. Claims 13-20 are rejected as being dependent off of rejected claim 1.
Claim 12 recites the limitation "the first or the second cable" in line 6. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kristiansen (US Patent No. 9,463,347; FD: 11/28/2012).
PNG
media_image1.png
327
401
media_image1.png
Greyscale
Regarding claim 12, Kristiansen discloses a handheld handle device (Ergonomic pull handle 1; Figure 1), comprising: a handle frame (Groove frame 12A; Figure 1; i.e., the groove 12A forms a frame where the rest of the structures of the handle 1 are connected to); a cable grip (Handle 10; Figure 1) revolving around a front portion (i.e., the front of the groove 12A at the Axis X) of the handle frame (i.e., the handle 10 can rotate around the axis X as seen by the arrows in Figure 1); a hood (Curved member 12; Figure 1; i.e., the hood that forms around the groove 12A to form a track) fixedly attached to the handle frame (i.e., the hood of the tracked member 12 is attached to the groove 12A); and a swivel assembly (Bracket 14; Figure 1; i.e., the bracket 14 can swivel based on mechanism 14E, 14F, 14H; Col. 4 Lines 55-62) fixedly attached to a top of the hood (i.e., the top portion of bracket 14 is fixedly attached above the hood of the track 12 by wheels 14A), wherein the swivel is configured to receive either the first or the second cable at a second end of the first or the second cable (i.e., the hole 14C of the swivel 14 can receive a cable; Col. 3 Lines 59-61).
PNG
media_image2.png
730
844
media_image2.png
Greyscale
Regarding claim 13, Kristiansen discloses an attachment point (Bores 12D; Figure 8A; i.e., the bores 12D attach the handle 10 the frame).
Regarding claim 14, Kristiansen discloses the attachment point is in the handle frame (i.e., the attachment point/bores 12D are in the handle frame/groove frame 12A as seen in Figure 8A).
Regarding claim 15, Kristiansen discloses the front portion of the handle frame comprises a cylindrical portion (Rod 10A; Figure 1), the cable grip revolving around the cylindrical portion (i.e., the handle 10 revolves around the rod 10A).
Regarding claim 16, Kristiansen discloses the handle frame comprises steel (i.e., the groove 12A can be made of steel; Col. 8 Lines 29-35 “The handle 1 of the current invention and the components thereof are preferably comprised of suitably strong materials such as those typically used in the construction of exercise equipment, e.g., steel, aluminum and/or other metals, plastic, PVC, fiberglass and/or other composite type materials, or any other suitable materials that may add to the function, strength, and/or comfort of the invention.”).
Regarding claim 17, Kristiansen discloses the handle frame comprises plastic (i.e., the groove 12A can be made of steel; Col. 8 Lines 29-35 “The handle 1 of the current invention and the components thereof are preferably comprised of suitably strong materials such as those typically used in the construction of exercise equipment, e.g., steel, aluminum and/or other metals, plastic, PVC, fiberglass and/or other composite type materials, or any other suitable materials that may add to the function, strength, and/or comfort of the invention.”).
Regarding claim 18, Kristiansen discloses the hood comprises steel (i.e., the hood of the track 12 can be made of steel; Col. 8 Lines 29-35 “The handle 1 of the current invention and the components thereof are preferably comprised of suitably strong materials such as those typically used in the construction of exercise equipment, e.g., steel, aluminum and/or other metals, plastic, PVC, fiberglass and/or other composite type materials, or any other suitable materials that may add to the function, strength, and/or comfort of the invention.”).
Regarding claim 19, Kristiansen discloses the hood comprises plastic (i.e., the hood of the track 12 can be made of plastic; Col. 8 Lines 29-35 “The handle 1 of the current invention and the components thereof are preferably comprised of suitably strong materials such as those typically used in the construction of exercise equipment, e.g., steel, aluminum and/or other metals, plastic, PVC, fiberglass and/or other composite type materials, or any other suitable materials that may add to the function, strength, and/or comfort of the invention.”).
Regarding claim 20, Kristiansen discloses the swivel assemble is configured to rotate freely (Bracket 14; Figure 1; i.e., the bracket 14 can swivel/rotate freely using the rotatable mechanisms 14E, 14F, 14H; Col. 4 Lines 55-62).
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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Carle (US Patent No. 8,727,952; FD: 02/02/2012) in view of Kristiansen (US Patent No. 9,463,347; FD: 11/28/2012).
PNG
media_image3.png
377
460
media_image3.png
Greyscale
Regarding claim 1, Carle discloses a torque force directional cable-based system (Exercise apparatus 210; Figure 15), comprising: a cage (Loops 111L and 111R; Figure 15; i.e., the loops 111L, 111R form a cage) comprising: a top horizontal bar (Bar 182; Figure 15) and two vertical side bars (Inner vertical members 155; Figure 15), the top horizontal bar includes a plurality of zones (i.e., openings for slotted collar assemblies of the pullies 302 on bar 182), wherein each zone is configured to receive a first cable (Left or right cable 30 of the pulleys 302; Figure 15) at a first end of the first cable (i.e., the end connected to the handles 34’), each of the two vertical bars includes a slider (Collar assemblies 200; Figure 15), wherein each slider is configured to receive a second cable (Left or right cable 30 of the collars 200; Figure 15) at a first end of the second cable (i.e., the end connected to the handles 34); one or more handheld handle devices (Handles 34; Figure 1).
Carle does not disclose one or more handheld handle devices, each handheld handle device comprising: a handle frame; a cable grip revolving around a front portion of the handle frame; a hood fixedly attached to the handle frame; and a swivel assembly fixedly attached to a top of the hood, wherein the swivel is configured to receive either the first or the second cable at a second end of the first or the second cable. each handheld handle device comprising: a handle frame; a cable grip revolving around a front portion of the handle frame; a hood fixedly attached to the handle frame; and a swivel assembly fixedly attached to a top of the hood, wherein the swivel is configured to receive either the first or the second cable at a second end of the first or the second cable.
Kristiansen teaches a exercise handle (See Figure 1) comprising one or more handheld handle devices (Ergonomic pull handle 1; Figure 1), each handheld handle device comprising: a handle frame (Groove frame 12A; Figure 1; i.e., the groove 12A forms a frame where the rest of the structures of the handle 1 are connected to); a cable grip (Handle 10; Figure 1) revolving around a front portion (i.e., the front of the groove 12A at the Axis X) of the handle frame (i.e., the handle 10 can rotate around the axis X as seen by the arrows in Figure 1); a hood (Curved member 12; Figure 1; i.e., the hood that forms around the groove 12A to form a track) fixedly attached to the handle frame (i.e., the hood of the tracked member 12 is attached to the groove 12A); and a swivel assembly (Bracket 14; Figure 1; i.e., the bracket 14 can swivel based on mechanism 14E, 14F, 14H; Col. 4 Lines 55-62) fixedly attached to a top of the hood (i.e., the bracket 14 is attached above the hood of the track 12 by wheels 14A), wherein the swivel is configured to receive either the first or the second cable at a second end of the first or the second cable (i.e., the hole 14C of the swivel 14 can receive a cable from the vertical sliders of Carle; Col. 3 Lines 59-61).
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 handle of Carle to be the handle of Kristiansen in order to allow for one or more axes of rotation or flexibility in the pull handle so that the user's hand, wrist and/or arm (or foot, ankle and/or leg) may bend and/or rotate more naturally through the user's range of motion (Col. 1 Lines 46-50).
Regarding claim 2, Carle in view of Kristiansen teaches an attachment point (Bores 12D; Figure 8A of Kristiansen; i.e., the bores 12D attach the handle 10 the frame).
Regarding claim 3, Carle in view of Kristiansen teaches the attachment point is in the handle frame (i.e., the bores 12D are in the frame 12A as seen in Figure 8A of Kristiansen).
Regarding claim 4, Carle in view of Kristiansen teaches the front portion of the handle frame comprises a cylindrical portion (Rod 10A; Figure 1 of Kristiansen), the cable grip revolving around the cylindrical portion (i.e., the handle 10 revolves around the rod 10A of Kristiansen).
Regarding claim 5, Carle in view of Kristiansen teaches the handle frame comprises steel (i.e., the groove 12A can be made of steel; Col. 8 Lines 29-35 of Kristiansen “The handle 1 of the current invention and the components thereof are preferably comprised of suitably strong materials such as those typically used in the construction of exercise equipment, e.g., steel, aluminum and/or other metals, plastic, PVC, fiberglass and/or other composite type materials, or any other suitable materials that may add to the function, strength, and/or comfort of the invention.”).
Regarding claim 6, Carle in view of Kristiansen teaches the handle frame comprises plastic (i.e., the groove 12A can be made of steel; Col. 8 Lines 29-35 of Kristiansen “The handle 1 of the current invention and the components thereof are preferably comprised of suitably strong materials such as those typically used in the construction of exercise equipment, e.g., steel, aluminum and/or other metals, plastic, PVC, fiberglass and/or other composite type materials, or any other suitable materials that may add to the function, strength, and/or comfort of the invention.”).
Regarding claim 7, Carle in view of Kristiansen teaches the hood comprises steel (i.e., the hood of the track 12 can be made of steel; Col. 8 Lines 29-35 of Kristiansen “The handle 1 of the current invention and the components thereof are preferably comprised of suitably strong materials such as those typically used in the construction of exercise equipment, e.g., steel, aluminum and/or other metals, plastic, PVC, fiberglass and/or other composite type materials, or any other suitable materials that may add to the function, strength, and/or comfort of the invention.”).
Regarding claim 8, Carle in view of Kristiansen teaches the hood comprises plastic (i.e., the hood of the track 12 can be made of plastic; Col. 8 Lines 29-35 of Kristiansen “The handle 1 of the current invention and the components thereof are preferably comprised of suitably strong materials such as those typically used in the construction of exercise equipment, e.g., steel, aluminum and/or other metals, plastic, PVC, fiberglass and/or other composite type materials, or any other suitable materials that may add to the function, strength, and/or comfort of the invention.”).
Regarding claim 9, Carle in view of Kristiansen teaches the swivel assemble is configured to rotate freely (i.e., the bracket 14 can swivel freely based on mechanism 14E, 14F, 14H; Col. 4 Lines 55-62 of Kristiansen).
Regarding claim 10, Carle in view of Kristiansen teaches the swivel assembly is configured to rotate 360 degrees (he bracket 14 can swivel freely around 360 degrees based on mechanism 14E, 14F, 14H; Col. 4 Lines 55-62 of Kristiansen).
Regarding claim 11, Carle in view of Kristiansen teaches the swivel assemble comprises steel (i.e., the swivel assembly of the track 12 can be made of steel; Col. 8 Lines 29-35 of Kristiansen “The handle 1 of the current invention and the components thereof are preferably comprised of suitably strong materials such as those typically used in the construction of exercise equipment, e.g., steel, aluminum and/or other metals, plastic, PVC, fiberglass and/or other composite type materials, or any other suitable materials that may add to the function, strength, and/or comfort of the invention.”).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached on (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW M KOBYLARZ/Examiner, Art Unit 3784