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 .
Priority
Acknowledgement is made of Applicant’s claim for priority as a continuation of non-provisional application no. 18/414,257 (now U.S. Patent No. 12,257,475) filed 16 February 2024 which is a continuation of non-provisional application no. 17/701,992 (now U.S. Patent No. 11,925,832) filed 23 March 2022 which is a continuation of PCT/US2020/052191 filed 23 September 2020 which claims priority to provisional application no. 62/905,060 filed 24 September 2019.
Information Disclosure Statement
The information disclosure statement filed 11 February 2025 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. Copies of each of the foreign patent documents and non-patent literature documents have not been provided.
Claim Objections
Claims 1, 3, 11-12, and 20 are objected to because of the following informalities:
Claim 1, line 5, “the front and the rear shaft assemblies” should read --the front shaft assembly and the rear shaft assembly--
Claim 1, line 7, “the first and second bumpers” should read --the first bumper and the second bumper--
Claim 1, line 8, “the first and second bumpers” should read --the first bumper and the second bumper--
Claim 3, line 3, “the first and second bumpers” should read --the first bumper and the second bumper--
Claim 11, line 1, “the first and second bumpers” should read --the first bumper and the second bumper--
Claim 12, line 5, “the front and rear shaft assemblies” should read --the front shaft assembly and the rear shaft assembly--
Claim 20, line 4, “the flat portion” should read --the flat or substantially flat portion--
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 18 recites the limitations “a frame” and “a running belt” in lines 3 and 5, respectively. It is unclear if these limitations are referring to the same “frame” and “running belt” recited in line 1 or to other, separate structures.
The term “substantially” in claims 1-2, 5-7, 12-13, 15-17, and 19-20 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is noted that paragraph [0089] of the specification attempts to give a definition to the term, but the disclosure does not give a clear definition and simply states that it is intended to “have a broad meaning,” which renders the claim indefinite as the metes and bounds of the term cannot be readily ascertained. Each of the following limitations is rendered indefinite by use of the term “substantially.”
“substantially opposite the front end” in claim 1
“substantially adjacent the curved portion” in claim 2
“substantially parallel with the angled portion” in claim 5
“a flat or substantially flat portion” in claim 6
“substantially parallel with the flat or substantially flat portion” in claim 7
“substantially opposite the front end” in claim 12
“substantially adjacent the curved portion” in claim 13
“substantially parallel with the angled portion” in claim 15
“a flat or substantially flat portion” in claim 16
“substantially parallel with the flat or substantially flat portion” in claim 17
“substantially adjacent the curved portion” in claim 19
“a flat or substantially flat portion” in claim 20
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.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lo (US 2012/0231934).
Regarding claim 1, Lo teaches a treadmill (treadmill 10), comprising;
a frame (frame 20) having a front end and a rear end, substantially opposite the front end (Fig. 1);
a front shaft assembly (front roller 30) coupled to the frame proximate the front end of the frame (Fig. 1);
a rear shaft assembly (rear roller 40) coupled to the frame proximate the rear end of the frame (Fig. 1);
a running belt (belt 50) disposed about the front and the rear shaft assemblies, wherein the running belt defines a running surface including a curved portion (Figs. 1, 2);
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a first bumper and a second bumper (upper guiding units 60), the first and second bumpers coupled to the frame proximate the running belt such that the first and second bumpers are each disposed between the running belt and the frame (Fig. 3 shows an upper guiding unit 60 coupled to the frame 20 such that it goes between the belt 50 and frame 20.).
Regarding claim 2, Lo teaches the treadmill of claim 1, wherein the first bumper comprises a first top surface substantially adjacent the curved portion (Figs. 1, 2 show the first bumper adjacent the curved portion of the frame 20 and belt 50.).
Regarding claim 3, Lo teaches the treadmill of claim 1, wherein the frame comprises a right side and a left side opposite the right side, and wherein one of the right side or the left side is coupled to both of the first and second bumpers (Figs. 1, 2).
Regarding claim 4, Lo teaches the treadmill of claim 1, wherein the frame further comprises an angled portion, and wherein the first bumper is coupled to the angled portion (Figs. 1, 2 show the first bumper coupled to a portion of the frame 20 that is angled upwards.).
Regarding claim 5, Lo teaches the treadmill of claim 4, wherein a top surface of the first bumper is substantially parallel with the angled portion (Figs. 1, 2).
Regarding claim 6, Lo teaches the treadmill of claim 4, wherein the frame further comprises a flat or substantially flat portion, and wherein the second bumper is coupled to the flat or substantially flat portion (Figs. 1, 2 show the second bumper coupled to a substantially flat portion of the frame 20.).
Regarding claim 7, Lo teaches the treadmill of claim 6, wherein a top surface of the second bumper is substantially parallel with the flat or substantially flat portion (Figs. 1, 2).
Regarding claim 8, Lo teaches the treadmill of claim 4, further comprising a third bumper coupled to the angled portion (Fig. 1 shows a third bumper opposite the first bumper coupled to a portion of the frame that is angled upwards.).
Regarding claim 9, Lo teaches the treadmill of claim 1, wherein the first bumper has a first orientation relative to the frame and the second bumper has a second orientation relative to the frame different than the first orientation (Figs. 1, 2 show the first bumper and second bumper having different orientations.).
Regarding claim 11, Lo teaches the treadmill of claim 1, wherein in use, each of the first and second bumpers are each configured to selectively engage and restrict movement of the running belt towards at least a portion of the frame (Fig. 3 shows wherein the block 62 of the guiding unit 60 is configured to selectively engage and restrict movement of the belt 50 towards the frame 20. The block 62 selectively engages and restricts movement in as much as Applicant has described selective engagement and restriction. The block 62 would restrict lateral movement of the belt 50.).
Regarding claim 12, Lo teaches a treadmill (treadmill 10), comprising:
a frame (frame 20) having a front end and a rear end substantially opposite the front end (Fig. 1);
a front shaft assembly (front roller 30) coupled to the frame proximate the front end of the frame (Fig. 1);
a rear shaft assembly (rear roller 40) coupled to the frame proximate the rear end of the frame (Fig. 1);
a running belt (belt 50) disposed about the front and rear shaft assemblies, wherein the running belt defines a running surface including a curved portion (Figs. 1, 2);
a first left side bumper (guiding unit 60) coupled to the frame proximate the running belt such that the first left side bumper is disposed between the frame and the running belt, wherein in use, the first left side bumper is configured to selectively restrict movement of the running belt toward the frame (See annotated Fig. 1 below. Fig. 3 shows wherein the block 62 of the guiding unit 60 is configured to selectively restrict movement of the belt 50 toward the frame 20. The block selectively restricts movement in as much as Applicant has described selective restriction. The block 62 would restrict lateral movement of the belt 50.); and
a first right side bumper (guiding unit 60) coupled to the frame proximate the running belt such that the first right side bumper is disposed between the frame and the running belt, wherein in use, the first right side bumper is configured to selectively restrict movement of the running belt toward the frame (See annotated Fig. 1 below.),
wherein each of the first left side bumper and the first right side bumper are configured to selectively engage the running belt (Fig. 3 shows wherein the block 62 of the guiding unit 60 is configured to selectively engage the belt 50. The block 62 selectively engages in as much as Applicant has described selective engagement.).
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Regarding claim 13, Lo teaches the treadmill of claim 12, wherein at least one of the first left side bumper or the first right side bumper comprises a first top surface (rod 61) substantially adjacent the curved portion (Figs. 1-3).
Regarding claim 14, Lo teaches the treadmill of claim 12, wherein the frame further comprises an angled portion, and wherein one of the first left side bumper or the first right side bumper is coupled to the angled portion (Figs. 1, 2 show the first left bumper coupled to a portion of the frame 20 that is angled upwards.).
Regarding claim 15, Lo teaches the treadmill of claim 14, wherein a top surface of the one of the first left side bumper or the first right side bumper is substantially parallel with the angled portion (Figs. 1, 2).
Regarding claim 16, Lo teaches the treadmill of claim 14, wherein the frame further comprises a flat or substantially flat portion, and wherein the other of the one of the first left side bumper or the first right side bumper is coupled to the flat or substantially flat portion (Figs. 1, 2 show the first right bumper coupled to a substantially flat portion of the frame 20.).
Regarding claim 17, Lo teaches the treadmill of claim 16, wherein a top surface of the other of the one of the first left side bumper or the first right side bumper is substantially parallel with the flat or substantially flat portion (Figs. 1, 2).
Regarding claim 18, Lo teaches a method of restricting movement of a running belt (belt 50) of a treadmill (treadmill 10) relative to a frame (frame 20) of the treadmill, the method comprising:
providing a frame (frame 20) including a left side member and a right side member, the left side member spaced apart from the right side member (Fig. 1 shows the frame 20 having a left and a right side.);
providing a running belt (belt 50) coupled to the frame, wherein the running belt defines a running surface including a curved portion (Fig. 1 shows the belt 50 being curved.);
disposing a first bumper (guiding unit 60) between the right side member of the frame and the running belt;
disposing a second bumper (guiding unit 60) between the left side member of the frame and the running belt (See annotated Fig. 1 below.); and
selectively engaging, by at least one of the first bumper or the second bumper, the running belt to restrict movement of the running belt toward at least one of the right side member or the left side member of the frame (Fig. 3 shows wherein the block 62 of the guiding unit 60 is configured to selectively engage and restrict movement of the belt 50 towards the frame 20. The block 62 selectively engages and restricts movement in as much as Applicant has described selective engagement and restriction. The block 62 would restrict lateral movement of the belt 50.).
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Regarding claim 19, Lo teaches the method of claim 18, wherein at least one of the first bumper or the second member comprises a first top surface (rod 61) substantially adjacent the curved portion (Fig. 3 shows the rod 61 substantially adjacent the curved portion of the belt 50.).
Regarding claim 20, Lo teaches the method of claim 19, wherein each of the left side member and the right side member comprises a flat or substantially flat portion and an angled portion, and wherein one of the first or second bumper is coupled to the angled portion and the other of the first or second bumper is coupled to the flat portion (Figs. 1, 2 show the guiding units 60 coupled to various portions of the frame 20, including a portion of the frame that is angled upwards and a substantially flat portion.).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lo (US 2012/0231934) as applied to claim 1 above, and further in view of Dalebout (US 2001/0016543).
Regarding claim 10, Lo teaches the treadmill of claim 1.
Lo does not teach wherein the first bumper and the second bumper are at least partially constructed from at least one of Nylon or ultra-high molecular weight Polyethylene.
However, in a similar field of endeavor, Dalebout teaches a treadmill with a bumper (impact absorbing mechanism 250) wherein the bumper is at least partially constructed from at least one of Nylon or ultra-high molecular weight polyethylene (Fig. 5. The impact absorbing mechanism 250 includes bas 254 and nylon hub 260. Para. [0064]: “base 254 comprises a flexible polyvinylchloride material which is molded onto a nylon or glass-filled nylon hub 260.”).
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 bumpers of Lo by including the nylon material of Dalebout with the predicted result of providing a material that is protected against wear (see MPEP 2141(III)).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10 and 15 of U.S. Patent No. 11,925,832.
Claims 1-11 and 13-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-4, 10, 15, and 17-18 of U.S. Patent No. 11,925,832 in view of Lo (US 2012/0231934).
Regarding claim 1, Claims 1 and 3 of U.S. Patent No. 11,925,832 claim a treadmill, comprising; a frame having a front end and a rear end, substantially opposite the front end; a front shaft assembly coupled to the frame proximate the front end of the frame; a rear shaft assembly coupled to the frame proximate the rear end of the frame; a running belt disposed about the front and the rear shaft assemblies; a first bumper and a second bumper, the first and second bumpers coupled to the frame proximate the running belt such that the first and second bumpers are each disposed between the running belt and the frame.
U.S. Patent No. 11,925,832 does not recite wherein the running belt defines a running surface including a curved portion.
However, in a similar field of endeavor, Lo teaches a treadmill (treadmill 10) comprising a running belt (belt 50), a first bumper (guiding unit 60), and a second bumper (guiding unit 60), wherein the running belt defines a running surface including a curved portion (Fig. 1).
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 treadmill of U.S. Patent No. 11,925,832 by making the belt curved with the predicted result of providing a treadmill that allows a user to have a more natural running form (see MPEP 2141(III)).
Regarding claim 2, U.S. Patent No. 11,925,832 in view of Lo teaches the treadmill of claim 1, wherein the first bumper comprises a first top surface substantially adjacent the curved portion (Lo: Figs. 1, 2).
Regarding claim 3, U.S. Patent No. 11,925,832 in view of Lo teaches the treadmill of claim 1, wherein the frame comprises a right side and a left side opposite the right side, and wherein one of the right side or the left side is coupled to both of the first and second bumpers (Lo: Figs. 1, 2).
Regarding claim 4, U.S. Patent No. 11,925,832 in view of Lo teaches the treadmill of claim 1, wherein the frame further comprises an angled portion, and wherein the first bumper is coupled to the angled portion (Lo: Figs. 1, 2 show the frame 20 having a portion angled upwards with a guiding unit 60 attached to it.).
Regarding claim 5, U.S. Patent No. 11,925,832 in view of Lo teaches the treadmill of claim 4, wherein a top surface of the first bumper is substantially parallel with the angled portion (Lo: Fig. 3).
Regarding claim 6, U.S. Patent No. 11,925,832 in view of Lo teaches the treadmill of claim 4, wherein the frame further comprises a flat or substantially flat portion, and wherein the second bumper is coupled to the flat or substantially flat portion (Lo: Figs. 1, 2).
Regarding claim 7, U.S. Patent No. 11,925,832 in view of Lo teaches the treadmill of claim 6, wherein a top surface of the second bumper is substantially parallel with the flat or substantially flat portion (Lo: Figs. 2, 3).
Regarding claim 8, U.S. Patent No. 11,925,832 in view of Lo teaches the treadmill of claim 4, further comprising a third bumper coupled to the angled portion (Lo: Figs. 1, 2 show a third bumper opposite the first bumper coupled to the angled portion.).
Regarding claim 9, U.S. Patent No. 11,925,832 in view of Lo teaches the treadmill of claim 1, wherein the first bumper has a first orientation relative to the frame and the second bumper has a second orientation relative to the frame different than the first orientation (Lo: Figs. 1, 2).
Regarding claim 10, claim 4 of U.S. Patent No. 11,925,832 claims the treadmill of claim 1, wherein the first bumper and the second bumper are at least partially constructed from at least one of Nylon or ultra-high molecular weight Polyethylene.
Regarding claim 11, claims 1 and 3 of U.S. Patent No. 11,925,832 claims the treadmill of claim 1, wherein in use, each of the first and second bumpers are each configured to selectively engage and restrict movement of the running belt towards at least a portion of the frame.
Regarding claim 12, claims 10 and 15 of U.S. Patent No. 11,925,832 claims a treadmill, comprising: a frame having a front end and a rear end substantially opposite the front end; a front shaft assembly coupled to the frame proximate the front end of the frame; a rear shaft assembly coupled to the frame proximate the rear end of the frame; a running belt disposed about the front and rear shaft assemblies, wherein the running belt defines a running surface including a curved portion; a first left side bumper coupled to the frame proximate the running belt such that the first left side bumper is disposed between the frame and the running belt, wherein in use, the first left side bumper is configured to selectively restrict movement of the running belt toward the frame; and a first right side bumper coupled to the frame proximate the running belt such that the first right side bumper is disposed between the frame and the running belt, wherein in use, the first right side bumper is configured to selectively restrict movement of the running belt toward the frame, wherein each of the first left side bumper and the first right side bumper are configured to selectively engage the running belt.
Regarding claim 13, U.S. Patent No. 11,925,832 claims the treadmill of claim 12.
U.S. Patent No. 11,925,832 does not claim wherein at least one of the first left side bumper or the first right side bumper comprises a first top surface substantially adjacent the curved portion.
However, in a similar field of endeavor, Lo teaches a treadmill (treadmill 10) comprising a running belt (belt 50) having a curved portion, a first left side bumper (guiding unit 60), and a first right side bumper (guiding unit 60), wherein at least one of the first left side bumper or the first right side bumper comprises a first top surface substantially adjacent the curved portion (Figs. 1, 2 show the guiding units 60 substantially adjacent the curved portion of the belt 50.).
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 treadmill of U.S. Patent No. 11,925,832 by placing the bumpers adjacent the curved portion of the belt. One of ordinary skill in the art would have been motivated to make this modification in order to “alleviate suspension of the upper section of the belt above the frame,” as suggested by Lo (abstract).
Regarding claim 14, the combination of U.S. Patent No. 11,925,832 and Lo as discussed above with regards to claim 13 teaches the treadmill of claim 12, wherein the frame further comprises an angled portion, and wherein one of the first left side bumper or the first right side bumper is coupled to the angled portion (Lo: Figs. 1, 2 show the guiding units 60 coupled to at least one portion of the frame that is angled upwards.).
Regarding claim 15, the combination of U.S. Patent No. 11,925,832 and Lo as discussed above with regards to claim 13 teaches the treadmill of claim 14, wherein a top surface of the one of the first left side bumper or the first right side bumper is substantially parallel with the angled portion (Lo: Figs. 1, 2).
Regarding claim 16, the combination of U.S. Patent No. 11,925,832 and Lo as discussed above with regards to claim 13 teaches the treadmill of claim 14, wherein the frame further comprises a flat or substantially flat portion, and wherein the other of the one of the first left side bumper or the first right side bumper is coupled to the flat or substantially flat portion (Lo: Figs. 1, 2).
Regarding claim 17, the combination of U.S. Patent No. 11,925,832 and Lo as discussed above with regards to claim 13 teaches the treadmill of claim 16, wherein a top surface of the other of the one of the first left side bumper or the first right side bumper is substantially parallel with the flat or substantially flat portion (Lo: Figs. 1, 2).
Regarding claim 18, claims 1, 17, and 18 of U.S. Patent No. 11,925,832 claims a method of restricting movement of a running belt of a treadmill relative to a frame of the treadmill, the method comprising: providing a frame; providing a running belt coupled to the frame, wherein the running belt defines a running surface including a curved portion; disposing a first bumper between the right side member of the frame and the running belt; selectively engaging, by a first bumper, the running belt to restrict movement of the running belt toward at least one of the right side member or the left side member of the frame.
U.S. Patent No. 11,925,832 does not claim a frame including a left side member and a right side member, the left side member spaced apart from the right side member; and disposing a second bumper between the left side member of the frame and the running belt.
However, in a similar field of endeavor, Lo teaches a treadmill (treadmill 10) comprising a running belt (belt 50) having a curved portion, a frame (frame 20) including a left side member and a right side member, the left side member spaced apart from the right side member (Fig. 1); a first bumper (guiding unit 60), and a second bumper (guiding unit 60), wherein the second bumper is disposed between the left side member of the frame and the running belt (Fig. 1).
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 treadmill of U.S. Patent No. 11,925,832 by including a second bumper on a left side member of the frame. One of ordinary skill in the art would have been motivated to make this modification in order to “alleviate suspension of the upper section of the belt above the frame,” as suggested by Lo (abstract).
Regarding claim 19, U.S. Patent No. 11,925,832 in view of Lo teaches the method of claim 18, wherein at least one of the first bumper or the second member comprises a first top surface substantially adjacent the curved portion (Lo: Fig. 3).
Regarding claim 20, U.S. Patent No. 11,925,832 in view of Lo teaches the method of claim 19, wherein each of the left side member and the right side member comprises a flat or substantially flat portion and an angled portion, and wherein one of the first or second bumper is coupled to the angled portion and the other of the first or second bumper is coupled to the flat portion (Lo: Figs. 1, 2).
Claims 12 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10, 15, and 17-18 of U.S. Patent No. 12,257,475.
Claims 1-11, 13-17, and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-4, 10, 15, and 17-18 of U.S. Patent No. 12,257,475 in view of Lo (US 2012/0231934).
Regarding claim 1, claims 1 and 3 of U.S. Patent No. 12,257,475 claim a treadmill, comprising; a frame having a front end and a rear end, substantially opposite the front end; a front shaft assembly coupled to the frame proximate the front end of the frame; a rear shaft assembly coupled to the frame proximate the rear end of the frame; a running belt disposed about the front and the rear shaft assemblies; a first bumper and a second bumper, the first and second bumpers coupled to the frame proximate the running belt such that the first and second bumpers are each disposed between the running belt and the frame.
U.S. Patent No. 11,925,832 does not recite wherein the running belt defines a running surface including a curved portion.
However, in a similar field of endeavor, Lo teaches a treadmill (treadmill 10) comprising a running belt (belt 50), a first bumper (guiding unit 60), and a second bumper (guiding unit 60), wherein the running belt defines a running surface including a curved portion (Fig. 1).
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 treadmill of U.S. Patent No. 11,925,832 by making the belt curved with the predicted result of providing a treadmill that allows a user to have a more natural running form (see MPEP 2141(III)).
Regarding claim 2, U.S. Patent No. 12,257,475 in view of Lo teaches the treadmill of claim 1, wherein the first bumper comprises a first top surface substantially adjacent the curved portion (Lo: Figs. 1, 2).
Regarding claim 3, U.S. Patent No. 12,257,475 in view of Lo teaches the treadmill of claim 1, wherein the frame comprises a right side and a left side opposite the right side, and wherein one of the right side or the left side is coupled to both of the first and second bumpers (Lo: Figs. 1, 2).
Regarding claim 4, U.S. Patent No. 12,257,475 in view of Lo teaches the treadmill of claim 1, wherein the frame further comprises an angled portion, and wherein the first bumper is coupled to the angled portion (Lo: Figs. 1, 2 show the frame 20 having a portion angled upwards with a guiding unit 60 attached to it.).
Regarding claim 5, U.S. Patent No. 12,257,475 in view of Lo teaches the treadmill of claim 4, wherein a top surface of the first bumper is substantially parallel with the angled portion (Lo: Fig. 3).
Regarding claim 6, U.S. Patent No. 12,257,475 in view of Lo teaches the treadmill of claim 4, wherein the frame further comprises a flat or substantially flat portion, and wherein the second bumper is coupled to the flat or substantially flat portion (Lo: Figs. 1, 2).
Regarding claim 7, U.S. Patent No. 12,257,475 in view of Lo teaches the treadmill of claim 6, wherein a top surface of the second bumper is substantially parallel with the flat or substantially flat portion (Lo: Figs. 2, 3).
Regarding claim 8, U.S. Patent No. 12,257,475 in view of Lo teaches the treadmill of claim 4, further comprising a third bumper coupled to the angled portion (Lo: Figs. 1, 2 show a third bumper opposite the first bumper coupled to the angled portion.).
Regarding claim 9, U.S. Patent No. 12,257,475 in view of Lo teaches the treadmill of claim 1, wherein the first bumper has a first orientation relative to the frame and the second bumper has a second orientation relative to the frame different than the first orientation (Lo: Figs. 1, 2).
Regarding claim 10, claims 1 and 4 of U.S. Patent No. 12,257,475 claims the treadmill of claim 1, wherein the first bumper and the second bumper are at least partially constructed from at least one of Nylon or ultra-high molecular weight Polyethylene.
Regarding claim 11, claims 1 and 3 of U.S. Patent No. 12,257,475 claims the treadmill of claim 1, wherein in use, each of the first and second bumpers are each configured to selectively engage and restrict movement of the running belt towards at least a portion of the frame.
Regarding claim 12, claims 10 and 15 of U.S. Patent No. 12,257,475 teaches a treadmill, comprising: a frame having a front end and a rear end substantially opposite the front end; a front shaft assembly coupled to the frame proximate the front end of the frame; a rear shaft assembly coupled to the frame proximate the rear end of the frame; a running belt disposed about the front and rear shaft assemblies, wherein the running belt defines a running surface including a curved portion; a first left side bumper coupled to the frame proximate the running belt such that the first left side bumper is disposed between the frame and the running belt, wherein in use, the first left side bumper is configured to selectively restrict movement of the running belt toward the frame; and a first right side bumper coupled to the frame proximate the running belt such that the first right side bumper is disposed between the frame and the running belt, wherein in use, the first right side bumper is configured to selectively restrict movement of the running belt toward the frame, wherein each of the first left side bumper and the first right side bumper are configured to selectively engage the running belt.
Regarding claim 13, U.S. Patent No. 12,257,475 claims the treadmill of claim 12.
U.S. Patent No. 12,257,475 does not teach wherein at least one of the first left side bumper or the first right side bumper comprises a first top surface substantially adjacent the curved portion.
However, in a similar field of endeavor, Lo teaches a treadmill (treadmill 10) comprising a running belt (belt 50) having a curved portion, a first left side bumper (guiding unit 60), and a first right side bumper (guiding unit 60), wherein at least one of the first left side bumper or the first right side bumper comprises a first top surface substantially adjacent the curved portion (Figs. 1, 2 show the guiding units 60 substantially adjacent the curved portion of the belt 50.).
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 treadmill of U.S. Patent No. 11,925,832 by placing the bumpers adjacent the curved portion of the belt. One of ordinary skill in the art would have been motivated to make this modification in order to “alleviate suspension of the upper section of the belt above the frame,” as suggested by Lo (abstract).
Regarding claim 14, the combination of U.S. Patent No. 12,257,475 and Lo as discussed above with regards to claim 13 teaches the treadmill of claim 12, wherein the frame further comprises an angled portion, and wherein one of the first left side bumper or the first right side bumper is coupled to the angled portion (Lo: Figs. 1, 2 show the guiding units 60 coupled to at least one portion of the frame that is angled upwards.).
Regarding claim 15, the combination of U.S. Patent No. 12,257,475 and Lo as discussed above with regards to claim 13 teaches the treadmill of claim 14, wherein a top surface of the one of the first left side bumper or the first right side bumper is substantially parallel with the angled portion (Lo: Figs. 1, 2).
Regarding claim 16, the combination of U.S. Patent No. 12,257,475 and Lo as discussed above with regards to claim 13 teaches the treadmill of claim 14, wherein the frame further comprises a flat or substantially flat portion, and wherein the other of the one of the first left side bumper or the first right side bumper is coupled to the flat or substantially flat portion (Lo: Figs. 1, 2).
Regarding claim 17, the combination of U.S. Patent No. 12,257,475 and Lo as discussed above with regards to claim 13 teaches the treadmill of claim 16, wherein a top surface of the other of the one of the first left side bumper or the first right side bumper is substantially parallel with the flat or substantially flat portion (Lo: Figs. 1, 2).
Regarding claim 18, claims 17 and 18 of U.S. Patent No. 12,257,475 claims a method of restricting movement of a running belt of a treadmill relative to a frame of the treadmill, the method comprising: providing a frame including a left side member and a right side member, the left side member spaced apart from the right side member; providing a running belt coupled to the frame, wherein the running belt defines a running surface including a curved portion; disposing a first bumper between the right side member of the frame and the running belt; disposing a second bumper between the left side member of the frame and the running belt; and selectively engaging, by at least one of the first bumper or the second bumper, the running belt to restrict movement of the running belt toward at least one of the right side member or the left side member of the frame.
Regarding claim 19, U.S. Patent No. 12,257,475 claims the method of claim 18.
U.S. Patent No. 12,257,475 does not claim wherein at least one of the first bumper or the second member comprises a first top surface substantially adjacent the curved portion.
However, in a similar field of endeavor, Lo teaches a treadmill (treadmill 10) comprising a running belt (belt 50) having a curved portion, a first left side bumper (guiding unit 60), and a first right side bumper (guiding unit 60), wherein at least one of the first left side bumper or the first right side bumper comprises a first top surface substantially adjacent the curved portion (Figs. 1, 2 show the guiding units 60 substantially adjacent the curved portion of the belt 50.).
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 treadmill of U.S. Patent No. 11,925,832 by placing the bumpers adjacent the curved portion of the belt. One of ordinary skill in the art would have been motivated to make this modification in order to “alleviate suspension of the upper section of the belt above the frame,” as suggested by Lo (abstract).
Regarding claim 20, the combination of U.S. Patent No. 12,257,475 and Lo as discussed above with regards to claim 19 teaches the method of claim 19, wherein each of the left side member and the right side member comprises a flat or substantially flat portion and an angled portion, and wherein one of the first or second bumper is coupled to the angled portion and the other of the first or second bumper is coupled to the flat portion (Lo: Figs. 1, 2).
Conclusion
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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