DETAILED ACTION
This is the First Office Action on the Merits based on the 19/015,501 application filed on 01/09/2025 and which claims as originally filed have been considered in the ensuing 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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Species A (Fig. 2-5) directed to Leg exercise apparatus in the reply filed on 06/04/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement filed 02/06/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claim 3 is objected to because of the following informalities:
On line 2, “each first” should be corrected to ---each of the first---
On line 3, “each second” should be corrected to ---each of the second---
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-3 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liao et al (US 10,933,273).
Regarding claim 1:
Liao et al disclose an exercise apparatus for leg exercises, comprising: a frame (frame 20); two first link rods (left and right connecting members 60L,R), each having a rotating portion (first portion 61), a first reciprocating portion (third portion 63) and a first pivot portion (second portion 62), the rotating portions of the two first link rods being restricted to moving along a circular path with respect to the frame (see Fig. 2), the first reciprocating portions of the two first link rods being restricted to moving along a first reciprocating path with respect to the frame (see Fig. 2); two second link rods (left and right swing members 50L,R), each having a second reciprocating portion (first portion 51) and a second pivot portion (second portion 52), the second reciprocating portions of the two second link rods being restricted to moving along a second reciprocating path with respect to the frame (the first portions move in an arc path around axis A2), the second pivot portions of the two second link rods respectively pivotally connected to the first pivot portions of the two first link rods (see Fig. 2); and two pedals (pedals 70L,R), respectively coupled to the two second link rods (see Fig. 2), each of the two pedals defining a toe end, a heel end, and a central portion between the toe end and the heel end (see Fig. 2); wherein when the rotating portions of the two first link rods move along the circular path, the first reciprocating portions of the two first link rods and the second reciprocating portions of the two second link rods respectively move along the first reciprocating path and the second reciprocating path (see Fig. 2), and the central portions of the two pedals move along a closed path (CP2); and wherein a vertical distance between an uppermost position and a lowermost position of the closed path is greater than a horizontal distance between a foremost position and a rearmost position of the closed path (see Fig. 2); wherein the first reciprocating path, the second reciprocating path and the closed path are located below a lowermost position of the circular path, and height ranges of the first reciprocating path and the second reciprocating path at least partially overlap (see Fig .2).
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Regarding claim 2:
Liao et al disclose that the height ranges of the first reciprocating path and the second reciprocating path at least partially overlap with a height range of the closed path (see Fig. 2).
Regarding claim 3:
Liao et al disclose that a distance between the first pivot portion and the rotating portion of each first link rod is greater than a distance between the second pivot portion and the second reciprocating portion of each second link rod (see Fig. 2).
Regarding claim 11:
Liao et al disclose that when the central portion of each pedal is located at the lowermost position, the toe end and the heel end are substantially at the same height (see Fig. 3); and wherein when the central portion of each pedal is located at the uppermost position, the heel end is significantly higher than the toe end (see Fig. 2).
Allowable Subject Matter
Claims 4-10 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.
Claims 12-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to teach or disclose a stationary leg exercise apparatus in combination with all of the structural limitations of claim 4 and particularly comprising two first swing arms and two second swing arms; each of the two first swing arms having an axial end and a swing end, the axial ends of the two first swing arms respectively pivotally mounted to the frame, the swing ends of the two first swing arms respectively pivotally mounted to the first reciprocating portions of the two first link rods; each of the two second swing arms having an axial end and a swing end, the axial ends of the two second swing arms respectively mounted to the frame, the swing ends of the two second swing arms respectively pivotally mounted to the second reciprocating portions of the two second link rods.
The prior art of record fails to teach or disclose a stationary leg exercise apparatus in combination with all of the structural limitations of claim 12 and particularly comprising two first swing arms and two second swing arms; each of the two first swing arms having an axial end and a swing end, the axial ends of the two first swing arms respectively pivotally mounted to the frame, the swing ends of the two first swing arms respectively pivotally mounted to the first reciprocating portions of the two first link rods; each of the two second swing arms having an axial end and a swing end, the axial ends of the two second swing arms respectively mounted to the frame, the swing ends of the two second swing arms respectively pivotally mounted to the second reciprocating portions of the two second link rods.
The closest prior art of record includes Liao et al (US 10,933,273).
Liao et al is discussed in detail above but fails to disclose two first swing arms and two second swing arms; each of the two first swing arms having an axial end and a swing end, the axial ends of the two first swing arms respectively pivotally mounted to the frame, the swing ends of the two first swing arms respectively pivotally mounted to the first reciprocating portions of the two first link rods; each of the two second swing arms having an axial end and a swing end, the axial ends of the two second swing arms respectively mounted to the frame, the swing ends of the two second swing arms respectively pivotally mounted to the second reciprocating portions of the two second link rods.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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/Megan Anderson/ Primary Examiner, Art Unit 3784
