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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 “components” of Claim 7 must be shown or the feature(s) canceled from the claim(s). 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.
Claim Objections
Claims 1-15 are objected to because of the following informalities:
Claims 1-15 contain reference numbers, the Office reminds Applicant that the references numbers do not provide patentably weight and therefore it is suggested that Applicant remove the references numbers.
Claims 2-13 recite “Exercise machine” and Claims 14&15 recite “Machine”, however they appear to be dependent claims and therefore should be replaced with –The exercise machine--. Appropriate correction is required.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means,” 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: “movement means“ in claim 1.
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. Page 15 Lines 28:” the movement means 14 comprise a slide 26 disposed facing the winding member 19”.
This application includes one or more claim limitations that use the word “means,” 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: “sliding means“ in claim 2.
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. Page 14 Line 13:” the sliding means 18 comprise at least one pulley 25”.
This application includes one or more claim limitations that use the word “means,” 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: “alignment means“ in claim 6.
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. Page 15 Line 12:” alignment means 42 can be provided, for example springs or other elastic elements”.
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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means of cable traction means” in claim 1 and “means of a belt” in claim 8.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1-15 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 Line 5 recites “it”. it is unclear what the metes and bounds of it are and therefore “it” should be replaced with --the exercise machine--.
Claim 4 recites the limitation "said support element" in line 2. There is insufficient antecedent basis for this limitation in the claim. It would appear Claim 4 should be dependent of Claims 2&3 which teaches a support element. In order to proceed, “said” should be replaced with --a--.
Claim 4 Lines 3-4 recites “horizontally pivoting support element”, however there has only been recited a support element. It appears that Applicant is referring to the same support element and suggested that Applicant replace the limitation with –said support element being horizontally pivoting--.
Claim 6 Line 4 recites “it”, it is unclear what the metes and bounds of it are and therefore “it” should be replaced with --the support element--.
Claim 7 recites “said support element (23) has a flat or box-shaped conformation and said first axis (Y) of horizontal pivoting is disposed passing through in correspondence with or in proximity to a lateral edge thereof and is able to oscillate on one side and the other with respect to said first axis (Y), together with components connected thereto, as a function of the position of said first cable segment (12a).”, it is unclear what the metes and bounds of the limitation are. In order to proceed, the Officer will interpret the claim such as -- said support element has a flat or box-shaped conformation and said first axis (Y) of horizontal pivoting is disposed passing through in correspondence with or in proximity to a lateral edge of the support element and is able to oscillate on one side and the other side with respect to said first axis (Y), together with components connected thereto the support element, as a function of the position of said first cable segment--.
Claim 10 Line 3 recites “it”. it is unclear what the metes and bounds of it are and therefore “it” should be replaced with –said slide--.
Claim 11 Line 5 recites “its”. it is unclear what the metes and bounds of it are and therefore “it” should be replaced with –the worm screws--.
Claim 15 Line 1 recites “it”. it is unclear what the metes and bounds of it are and therefore “it” should be replaced with --the exercise machine--.
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.
(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.
Claim(s) 1-4, 6, 9, 10, and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 20210370123).
Regarding Claim 1, Chen teaches an exercise machine 1 comprising a grip handle 7’ connected to a winding member 2, connected to an electronically controllable actuator member 1, by means of cable traction means 3 which are provided with at least a first segment of the cable 3 defined between said winding member 2 and a transmission member 4, wherein it comprises a guide device 01,011,012,42,0121 disposed between said winding member 2 and said transmission member 4, configured to guide the winding of said first segment of the cable 3 on said winding member 6 and comprising movement means 42 which are disposed in cooperation with said first cable segment 3 and are able to move at least one of either said first cable segment 3 or said winding member 2 with respect to a plane substantially parallel to an axis of rotation (X) of said winding member 2 (Refer to Fig. 3 Paragraph [0036]:” Further, the base 01 is fixedly arranged above the sliding block 5. The base 01 is provided with the through hole 011, and the other end of the draw rope 3 protrudes out of the through hole 011. The secondary fixed pulley 012 with the groove 0121 is arranged at one side of the through hole 011, and the draw rope 3 is clamped into the groove 0121 of the secondary fixed pulley 012. The movable pulley 042 is arranged on at the other side of the through hole 011 to facilitate the application of force to the draw rope 3, reduce the resistance of the draw rope 3, and enable the other end of the draw rope 3 to be linked with the sliding block 5.”) .
Regarding Claim 2, Chen continues to teach wherein said guide device 01,011,012,42,0121 comprises sliding means 5 disposed in cooperation with said movement means 042 and able to guide the sliding of said cable 3 with respect to said movement means 042 (Refer to Fig. 3 Paragraph [0036]:” Further, the base 01 is fixedly arranged above the sliding block 5. The base 01 is provided with the through hole 011, and the other end of the draw rope 3 protrudes out of the through hole 011. The secondary fixed pulley 012 with the groove 0121 is arranged at one side of the through hole 011, and the draw rope 3 is clamped into the groove 0121 of the secondary fixed pulley 012. The movable pulley 042 is arranged on at the other side of the through hole 011 to facilitate the application of force to the draw rope 3, reduce the resistance of the draw rope 3, and enable the other end of the draw rope 3 to be linked with the sliding block 5.”).
Regarding Claim 3, Chen continues to teach wherein said movement means 42 comprise at least one support element (Refer to annotate Fig. 2 below to depict axle of movement means 42) horizontally pivoting with respect to a first axis (Y) substantially orthogonal with respect to said axis of rotation (X) of said winding member 2.
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Regarding Claim 4, Chen continues to teach said sliding means 5 comprise at least one pulley 42 mounted on said support element (axle) and able to guide the sliding of said cable 3 with respect to said horizontally pivoting support element (axle).
Regarding Claim 6, Chen continues to teach wherein there is provided at least one of either alignment means 02 or a counterweight, which are associated and cooperating with said support element (axle) and are configured to bring it back in alignment with said first axis (Y) (Refer to Paragraph [0037]:” One end of the spring 02 is fixedly arranged on the base 01, the supporting frame 03 is fixedly arranged on the motor 1, and the other end of the spring 02 is fixedly arranged on the supporting frame 03, so that when a force is applied to enable the draw rope 3 to be loosened from the winch 2, the sliding block 5 drives the base 01 to move toward the fixed plate 7 and stretches the spring 02, and when no force is applied, the sliding block 5 moves toward the other end of the spring 02 under the action of the elastic force of the spring 02, so that the length of the draw wire 6 between the movable pulley 42 and the fixed pulley 41 is gradually extended, The other end of the draw rope 3 is linked with the sliding block 5, so that the sliding block 5 drives the draw rope 3 to be automatically wound again on the winch 2 to automatically reset.”).
Regarding Claim 9, Chen continues to teach said movement means 042 comprise at least one slide 5 mobile in a direction substantially parallel with respect to said axis of rotation (X) of said winding member 2 (Refer to Fig. 3)
Regarding Claim 10, Chen continues to teach said sliding means 01 comprise at least one intermediate control element 012 attached on said slide 01 and mobile together with it, able to guide the sliding of said first cable segment 3 from said slide 01 to said winding member 20 and vice versa.
Regarding Claim 13, Chen continues to teach said actuator member 1 and said winding member 2 are disposed substantially coaxial to each other (Refer to Fig. 3).
Regarding Claim 14, Chen continues to teach comprises a containing body 2’, inside which at least said winding member 2, actuator member 1 and guide device 01,011,012,42,0121 are able to be housed.
Regarding Claim 15, Chen continues to teach comprises a head end in correspondence with which said transmission member 1 is provided, wherein said head end comprises at least one cap rotatable with respect to a longitudinal axis (Z) of said containing body 2’ (Refer to annotated Fig. 2 below).
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Claim(s) 1, 2, 4, 5, and 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu, Han (CN 114470620 A).
Regarding Claim 1, Xu teaches an exercise machine 1 comprising a grip handle 5 connected to a winding member 23, connected to an electronically controllable actuator member 24, by means of cable traction means 8 which are provided with at least a first segment of the cable 8 defined between said winding member 23 and a transmission member 254, wherein it comprises a guide device 25 disposed between said winding member 23 and said transmission member 4, configured to guide the winding of said first segment of the cable 8 on said winding member 23 and comprising movement means 251,255 which are disposed in cooperation with said first cable segment 8 and are able to move at least one of either said first cable segment 8 or said winding member 23 with respect to a plane substantially parallel to an axis of rotation (X) of said winding member 23 (Refer to Figs. 3-6 English Translation :” Specifically, in this embodiment, the guide structure comprises a slide block 251, the guide drive structure comprises a belt transmission assembly 254. screw 255 and rod 256, the screw 255 and rod 256 are set on the frame 21, the driving wheel of the belt transmission assembly 254 is set on the drum 23, the driven wheel of the belt transmission assembly 254 is set on the screw 255; the frame 21 is provided with a tension belt transmission assembly 254 of the transmission belt tension wheel, the sliding block 251 is set on the screw 255 and rod 256, the sliding block 251 is provided with two first guide wheel 252, two of the first guide wheel 252 is formed between the guide passage 253. the pulling rope 8 is always retracted along the tangent direction of the winding drum 23”).
Regarding Claim 2, Xu continues to teach said guide device 25 comprises sliding means 252 disposed in cooperation with said movement means 251,255 and able to guide the sliding of said cable 8 with respect to said movement means 251,255.
Regarding Claim 4, Xu continues to teach said sliding means 252 comprise at least one pulley 252 mounted on said support element (axle) and able to guide the sliding of said cable 8 with respect to said horizontally pivoting support element (axle).
Regarding Claim 5, Xu continues to teach said sliding means 252 comprise a first and a second pulley 252 mounted idle on said support element (axles) and horizontally pivoting in an integral manner with said support element (axle). (Refer to Figs. 3&4)
Regarding Claim 9, Xu continues to teach said movement means 251,255 comprises at least one slide 251 mobile in a direction substantially parallel with respect to said axis of rotation (X) of said winding member 23.
Regarding Claim 10, Xu continues to teach said sliding means 252 comprise at least one intermediate control element 253 attached on said slide 251 and mobile together with it, able to guide the sliding of said first cable segment 8 from said slide 251 to said winding member 23 and vice versa.
Regarding Claim 11, Xu continues to teach said movement means 251,255 comprise at least one fixed worm screw 255, positioned coaxial to said axis of rotation (X) and cooperating axially with said winding member 23, in such a way as to allow the screwing/unscrewing of the latter along said axis of rotation (X) during its rotation (Refer to Fig. 3-6 English Translation:” Specifically, in this embodiment, the guide structure comprises a slide block 251, the guide drive structure comprises a belt transmission assembly 254. screw 255 and rod 256, the screw 255 and rod 256 are set on the frame 21, the driving wheel of the belt transmission assembly 254 is set on the drum 23, the driven wheel of the belt transmission assembly 254 is set on the screw 255;”).
Regarding Claim 12, Xu continues to teach said sliding means 251 comprise at least one intermediate control element 253 disposed in a fixed position outside said winding member 23 and able to guide the sliding of said first cable segment 8 with respect to said winding member 23.
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu, Han (CN 114470620 A) in view of (JP H0713358 U).
Regarding Claim 8, Xu teaches the claimed invention as noted above but fails to teach said actuator member 24 and said winding member 23 are disposed with respective axes of rotation parallel to each other and are kinematically connected by means of a belt. (JP H0713358 U) teaches a rope exercise resistance transmission device comprising a actuator member 20 and a winding member 30 disposed either coaxially (Refer to Fig. 7) or are disposed with respective axes of rotation parallel to each other and are kinematically connected by means of a belt 42. Prior art (JP H0713358 U) is analogous with Applicants invention in that they both teach such resistance transmissions comprising a winding member and therefore it would have been obvious to modify the actuator and winding member of Xu to be disposed with respective axes of rotation parallel to each other and are kinematically connected by means of a belt 42, since such orientations are known in the art to be suitable substitution to produce the same expected results and therefore does not patentably distinguish the invention over prior arts.
Allowable Subject Matter
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attach list of references cited for prior arts pertinent to claimed and unclaimed subject matter.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784
