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 to the instant application’s claim for priority to provisional application 63/559,128, and as such the independent claims, claims 1 and 6, are granted the priority date of 02/28/2024. The examiner notes that the subject matter of dependent claims 2-5, and 7-9 are not supported in the provisional application, and therefore will use the filing date of 02/28/2025 to apply prior art.
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 “mount comprising a keyway and J-hook cam track” of dependent claims 3 and 8, “the mount further comprising an boss and internal spring-actuated plunger with a cam peg extending from a surface of the boss” of dependent claims 4, and 9, “racket, sport stick, and cesta” of dependent claim 5, 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
Claim 4 is objected to because of the following informalities:
On line 1, “an boss” should be –a boss--.
Claim 9 is objected to because of the following informalities:
On line 1, “an boss” should be –a boss--.
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 1-9 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 “at least one modular weight, attachable to the mount and each weight also attachable to other weights” on lines 6-7. It is unclear how many weights are necessary for the invention, as previously in the claim only one weight has been claimed.
In addition, claim 1 recites the limitation “the same means for attachment as needed to attach to the mount” on lines 7-8. There is insufficient antecedent basis for this limitations as a means for attachment has not yet been claimed. Furthermore, the claim is made more unclear due there not being any specific limitations regarding the mount for the weight claimed yet.
Claim 2 recites the limitation “each weight” on line 1, “the weight” on lines 2 and 6, and “to secure weights together” on line 7. Due to the unclear nature of claim 1 regarding the number of weights and the means of attachment claim 2 is made unclear as to how many weights are necessary for the invention, and whether or not the structures of the claim apply to all, some, or just one of the possible weights claimed.
Claim 5 recites the limitation "the set of sports equipment" on line 2. There is insufficient antecedent basis for this limitation in the claim, as a set of sports equipment has not yet been claimed.
Claim 6 recites the limitation “each weight also attachable to other weights” on lines 6-7. It is unclear how many weights are necessary for the invention, as previously in the claim only one weight has been claimed.
In addition, claim 6 recites the limitation “the same means for attachment as needed to attach to the mount” on lines 7-8. There is insufficient antecedent basis for this limitations as a means for attachment has not yet been claimed. Furthermore, the claim is made more unclear due there not being any specific limitations regarding the mount for the weight claimed yet.
Claim 7 recites the limitation “each weight” on line 1, “the weight” on lines 2 and 6, and “to secure weights together” on line 7. Due to the unclear nature of claim 6 regarding the number of weights and the means of attachment claim 7 is unclear as to how many weights are necessary for the invention, and whether or not the structures of the claim apply to all, some, or just one of the possible weights claimed.
Dependent claims 3-4, and 8-9 are rejected due to their dependency on a rejected base claim.
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.
Claim(s) 1, and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kehlenbach et al. US 20220331643 A1.
Regarding claim 1:
Kehlenbach discloses a resistance system (system 700) comprising: a clamp (“The clamping system of the left and right jaws 702, 706 allow additional weight to be added to a clamped bar, without removal of the collar function of the system 700.” See paragraph [0044]), further comprising: two opposed jaws (left jaw 702, and right jaw 706); a locking mechanism (closure 716) to secure the jaws in a fixed position (The hinge 704 is formed with a closure 716, such as a latch, catch or other device. The closure 716 is capable of disengagingly locking the right jaw 706 to the left jaw 702 to grip a bar in the internal cylinder 712.” See paragraph [0040]); and a mount for at least one modular weight (ribs 708,710. “The weights surround the outer surface of the system 700 and nest with the ribs 708, 710 with corresponding features of the weights. The nib 720 of each rib 708, 710 further retains these weights in connection to the system 700.” See paragraph [0041]); at least one modular weight (“In operation, a wide variety of the weight 802 are possible in the embodiments” See paragraph [0044]), attachable to the mount (See above citation of paragraph [0041]) and each weight also attachable to other weights by the same means for attachment as needed to attach to the mount (The examiner notes that due to the unclear nature of the claim language, see 35 USC 112(b) rejections above, the clamp system of Kehlenbach having two ribs to accept weights, which would be attached to the clamp in the same way as discussed in paragraph [0041] is being considered under the broadest reasonable interpretation, with no further structural or functional limitations, as multiple weights being attached to other weights with the same means of attachment as the mount.); and an item of sports equipment, upon which the clamp is affixed (“The left jaw 702 and right jaw 706 when so closed forms an internal cylinder 712 for retaining a bar (not shown), as non-exclusive example, a weight lifting bar.” See paragraph [0039]).
[AltContent: textbox (a front and left side perspective view of an alternate system, with two ribs and a latch engaged, for clamping a bar with option of adding weight to the alternate system.)]
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[AltContent: textbox (a left side view of an alternate system, with added half-circular weight to the system, including a latch engaged for clamping a bar)][AltContent: textbox (a left side view of an alternate system, with added circular weight to the system, including a latch engaged for clamping a bar)]
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Regarding claim 6:
Kehlenbach discloses a resistance device (“A system for adding weight and clamping a bar, as non-exclusive example, a barbell collar, includes a weighted collar attachable to a clamp” See abstract) comprising: a clamp(“The clamping system of the left and right jaws 702, 706 allow additional weight to be added to a clamped bar, without removal of the collar function of the system 700.” See paragraph [0044]), further comprising: two opposed jaws (left jaw 702, and right jaw 706); a locking mechanism (closure 716) to secure the jaws in a fixed position (The hinge 704 is formed with a closure 716, such as a latch, catch or other device. The closure 716 is capable of disengagingly locking the right jaw 706 to the left jaw 702 to grip a bar in the internal cylinder 712.” See paragraph [0040]); and a mount for at least one modular weight (ribs 708,710. “The weights surround the outer surface of the system 700 and nest with the ribs 708, 710 with corresponding features of the weights. The nib 720 of each rib 708, 710 further retains these weights in connection to the system 700.” See paragraph [0041]); at least one modular weight (“In operation, a wide variety of the weight 802 are possible in the embodiments” See paragraph [0044]), attachable to the mount (See above citation of paragraph [0041]) and each weight also attachable to other weights by the same means for attachment as needed to attach to the mount (The examiner notes that due to the unclear nature of the claim language, see 35 USC 112(b) rejections above, the clamp system of Kehlenbach having two ribs to accept weights, which would be attached to the clamp in the same way as discussed in paragraph [0041] is being considered under the broadest reasonable interpretation, with no further structural or functional limitations, as multiple weights being attached to other weights with the same means of attachment as the mount.).
Claim Rejections - 35 USC § 103
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kehlenbach et al. US 20220331643 A1, as evidenced by Trygg et al. US 20190015723 A1.
Regarding claim 5:
Kehlenbach teaches the resistance system of claim 1, but fails to teach the item of sports equipment being selected from the set of sports equipment consisting of: a racket, a paddle, a sport stick, and a cesta.
The examiner notes that Kehlenbach does teach that the clamp is meant to enclose around an exercise bar, and using it to instead fit around/ mount a weight to a sport stick such as a lacrosse stick would be simply using the invention for its intended use with a different attachment and is common in the art of adding weights to exercise/sport implements as shown by Trygg where the lacrosse training aid 10 is used to add weight to the stick and is in the form of a clamp with two opposing jaws, and a hinged locking mechanism and is further stated in paragraph [0019] as performing the same function as Kehlenbach where it states, “In other embodiments, the first and second body portions may be configured to releasably receive weights (e.g., slugs, plates, etc.) that allow the user to adjust the weight of the lacrosse training aid by changing the weight configuration attached to one or both of the first body portion 12 and the second body portion 14.”
It would have been obvious to a person of ordinary skill in the art to attach the clamp of Kehlenbach to various exercise devices, as attaching the clamp system of Kehlenbach to different base structures such as lacrosse sticks, hockey sticks, etc. does not add to or change the function of the system in a new or novel way.
Allowable Subject Matter
Claims 2-4, and 7-9 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, and once the outstanding rejections under 35 USC 112(b), drawing objections, and claim objections have been overcome.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record fails to teach or disclose the resistance system of dependent claim 2, and the resistance device of dependent claim 7 including specifically each weight further comprising: a boss on one surface of the weight; an internal spring-actuated plunger with a portion extending outside a perimeter of the weight, the plunger also comprising a cam peg extending from a surface of the boss; and a keyway on an opposite surface of the weight, made to interface with the boss of another weight and further comprising a J-hook cam track; wherein, the boss is slid into the keyway and the cam peg interfaces with the J-hook cam track to secure weights together.
The closest prior art of record for dependent claims 2 and 7 includes Larson et al. US 20250090890 A1, Pohl et al. US 20240252873 A1, Chen US 7811212 B2, and Aly et al. US 20220355163 A1.
Larson et al. US 20250090890 A1: Adjustable Weight Dumbbell, which teaches a boss (outer weight mount 262) on one surface of the weight (See figure 7); an internal spring-actuated plunger (knob 292) with a portion extending outside a perimeter of the weight (See figure 8), the plunger also comprising a cam peg (locking pin 286); and a keyway (outer weight receiver 272) on an opposite surface of the weight (See figure 8), made to interface with the boss of another weight (“In the example, the outer weight receiver 272 is defined with a cavity that is shaped and sized to receive the outer weight mount 262 of another outer weight 110b-d or the plates of the handle assembly 104” See paragraph [0048]).
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Larson fails to teach, the cam peg extending from a surface of the boss, and further comprising a J-hook cam track; wherein, the boss is slid into the keyway and the cam peg interfaces with the J-hook cam track to secure weights together.
Pohl et al. US 20240252873 A1: Adjustable Dumbbell System, which teaches a boss (protrusion 228) on one surface of the weight (See figure 5A); and a keyway (recess 226) on an opposite surface of the weight (See figure 5B), made to interface with the boss of another weight (“On the outward-facing side of the main weight 102, a recess 226 (such as for example a recessed portion, protrusion-receiving portion, or axially-inwardly-recessed portion) can be defined axially offset from a surrounding face 227 that extends around three sides of the recess 226 on the outward-facing side. “ See paragraph [0269]) and further comprising a J-hook cam track (“The cover 210 does not fully enclose all portions of the pawls 202, 204, and permits respective weight engagement portions 205, 207 (such as for example bird-beak-shaped portions or substantially triangular portions) of the pawls 202, 204 to protrude laterally from the compartment 220, as seen in at least FIGS. 5A and 6B.” See paragraph [0274]).
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Pohl fails to teach an internal spring-actuated plunger with a portion extending outside a perimeter of the weight, the plunger also comprising a cam peg extending from a surface of the boss, and wherein, the boss is slid into the keyway and the cam peg interfaces with the J-hook cam track to secure weights together.
The examiner notes that there are multiple embodiments of Pohl, some of which include an internal spring actuated plunger with a portion extending outside a perimeter of the weight, with the plunger also comprising a cam peg. However, these embodiments fail to teach a boss, keyway, J-hook cam track, and the limitations relating these structures together.
Chen US 7811212 B2: Adjustable Kettlebell, which teaches an adjustable kettlebell includes a shaft having a narrowed neck segment formed on one end portion and having a base plate attached to the other end portion, two or more weight members each having a slot for receiving the narrowed neck segment of the shaft, and each having an enlarged opening communicating with the slot for receiving the shaft and for retaining the weight members to the shaft when the weight members are offset from the narrowed neck segment of the shaft, and a sliding member is slidably attached onto the shaft for engaging with the weight members after the weight members have been disengaged from the narrowed neck segment of the shaft and for retaining the weight members to the shaft.
Chen fails to teach each weight further comprising: a boss on one surface of the weight; an internal spring-actuated plunger with a portion extending outside a perimeter of the weight, the plunger also comprising a cam peg extending from a surface of the boss; and a keyway on an opposite surface of the weight, made to interface with the boss of another weight and further comprising a J-hook cam track; wherein, the boss is slid into the keyway and the cam peg interfaces with the J-hook cam track to secure weights together.
Aly et al. US 20220355163 A1: Dynamic Adjustable Exercise System, which teaches a permanent weight assembly and a plurality of interlocking weights, with a base comprises an interlocking weight carrier, wherein the interlocking weights are supported on the interlocking weight carrier and an interlocking weight selector, wherein the interlocking weight selector is adapted to cause interlocking weights to be set to be locked to the permanent weight assembly while the permanent weight assembly is not on the base, wherein placement of the permanent weight assembly on the base causes interlocking weights that are set to be locked to the permanent weight assembly to be locked to the permanent weight assembly, and wherein placement of the permanent weight assembly on the base does not cause interlocking weights that are not set to be locked to the permanent weight assembly to be locked to the permanent weight assembly.
Aly fails to teach each weight further comprising: a boss on one surface of the weight; an internal spring-actuated plunger with a portion extending outside a perimeter of the weight, the plunger also comprising a cam peg extending from a surface of the boss; and a keyway on an opposite surface of the weight, made to interface with the boss of another weight and further comprising a J-hook cam track; wherein, the boss is slid into the keyway and the cam peg interfaces with the J-hook cam track to secure weights together.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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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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/JONATHAN A DICUIA/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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