DETAILED 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 .
Claims 1-20 have been examined.
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. It is unclear how the claimed article is an abdominal wheel, as set forth in the preamble, if no wheel structure is actually set forth in the body of the claim as part of the claimed article. The first mention of a wheel is set forth in Claim 8 (‘universal wheel’), which raises the question as to whether or not this ‘universal wheel’ is part of, or in addition to the wheel structure set forth in the preamble of claim 1. In other words, it appears that the preamble sets forth limiting structure to give life, meaning, and vitality to the claim as it is only by the phrase ‘abdominal wheel’ that it can be known that the subject matter defined by the claims is comprised as an abdominal wheel. However, no wheel structure is actually claimed in the body of the claim creating a lack of clarity as to what structure actually constitutes the abdominal wheel. See MPEP 2111.02
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, 8, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US Patent 9,623,273).
1. Chen discloses an abdominal wheel, comprising a main body part (Fig 1), wherein the main body part comprises:
a first abdominal wheel main body (Fig 6); and
a second abdominal wheel main body (Fig 6), wherein the second abdominal wheel main body is detachably connected to the first abdominal wheel main body (via 19 & 24), so that the second abdominal wheel main body and the first abdominal wheel main body are combined to form a whole (fig 8).
2. Chen discloses the abdominal wheel according to claim 1, wherein the second abdominal wheel main body is detachably connected to the first abdominal wheel main body through a buckle, a rivet, a screw fastener, a screw nail, a suction member, an adhesive layer, a bolt, a rope, a pin, a clamp, or a mortise and tenon joint (19 & 24).
3. Chen discloses the abdominal wheel according to claim 1, further comprising a first locking device (19/24), wherein the second abdominal wheel main body is detachably connected to the first abdominal wheel main body through the first locking device (19/24); the first locking device is movable between a first locking position and a first unlocking position (Fig 6); when the first locking device moves to the first locking position (Fig 8), the first locking device locks the second abdominal wheel main body to the first abdominal wheel main body, so that the second abdominal wheel main body and the first abdominal wheel main body are combined to form a whole; and when the first locking device moves to the first unlocking position, the locking between the second abdominal wheel main body and the first abdominal wheel main body is released, so that the first abdominal wheel main body and the second abdominal wheel main body are separable from each other (Fig 6).
8. Chen discloses the abdominal wheel according to claim 1, wherein the main body part is equipped with a first mounting housing and a universal wheel (11), the universal wheel is equipped with a first mounting member (12) and a wheel part (11), the wheel part is rotatably connected to the first mounting member, and the first mounting member is rotatably connected to the first mounting housing.
16. Chen discloses the abdominal wheel according to claim 1, further comprising a grip (20), wherein the grip is detachably connected to the main body part.
17. Chen discloses the abdominal wheel according to claim 16, wherein a top surface (15) of the main body part is provided with a first mounting portion (13/14), a side surface of the main body part is provided with a second mounting portion (side face of 16 which allows handles 20 to be maintained in a stored position (as in Fig 6)), and the grip is selectively and detachably connected to the first mounting portion or the second mounting portion (Examiner considers the grip to be connected to the first and second mounting portions as they physically abut these portions in the use and non-use positions of the grip, respectively).
Allowable Subject Matter
Claims 4-7, 9-15, and 18-20 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. Lee, Reque, and Jeon all disclose similar abdominal wheels having removable handles and Howard, Macias, and Liu all disclose similar abdominal wheel having platforms that can operate both separately and connected together.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 7/9/2026
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