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. As such, the earliest date of priority of 10/22/2024 is granted to the instant application.
Claim Objections
Claim 1 objected to because of the following informalities:
On line 5, “each having a bearing connecting arm” should be –each pedal assembly of the left and right pedal assemblies having a bearing connecting arm--.
On line 9, “a pedal fixed at a rear end of the bearing connecting arm” should be –a pedal fixed at a rear end of each respective bearing connecting arm--.
On line 10, “each including a sliding sleeve” should be –each stride adjustment mechanism of the left and right stride adjustment mechanisms including a sliding sleeve--.
Claim 8 objected to because of the following informalities:
On line 7, “each having a bearing connecting arm” should be –each pedal assembly of the left and right pedal assemblies having a bearing connecting arm--.
On line 11, “a pedal fixed at a rear end of the bearing connecting arm” should be –a pedal fixed at a rear end of each respective bearing connecting arm--.
Claim 13 objected to because of the following informalities:
On line 7, “each having a bearing connecting arm” should be –each pedal assembly of the left and right pedal assemblies having a bearing connecting arm--.
On line 11, “a pedal fixed at a rear end of the bearing connecting arm” should be –a pedal fixed at a rear end of each respective bearing connecting arm--.
On line 12, “each including a sliding sleeve” should be –each stride adjustment mechanism of the left and right stride adjustment mechanisms including a sliding sleeve--.
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.
Claim 1-7, 9-11, and 13-20 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 “a top end of the frame” on line 5. It is unclear if this is the same area/structure of the device as the “a top of the frame” claimed on line 2.
Furthermore, on line 12, claim 1 recites “the rear side of the sliding sleeve member”. There is insufficient antecedent basis for this limitation in the claim as a rear side of the sliding sleeve member has not yet been claimed.
Claim 4 recites the limitation “ a bearing beam” on line 6. It is unclear if this is the same bearing beam as that originally claimed in claim 1, or if this is a second separate structure.
Furthermore, on line 4, the claim recites “a rear post”. It is unclear if this is the same structure as the rear post claimed in claim 1 or if this is a second separate structure.
Claim 9 recites “a rear post” on line 5. It is unclear if this is the same structure as the rear post claimed in claim 8 or if this is a second separate structure.
Claim 10 recites the limitation “a part near the top end of the rear swing arm”. The term “near” in claim 10 is a relative term which renders the claim indefinite. The term “near” 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. In addition it is unclear what specific structure “a part” in the limitation is referring to.
Claim 11 recites “a rear post” on line 4. It is unclear if this is the same structure as the rear post claimed in claim 8 or if this is a second separate structure.
Claim 13, on line 4, recites the limitation “the top of the rear post”. There is insufficient antecedent basis for this limitation in the claim as a top of the rear post has not yet been claimed.
Furthermore, the claim recites the limitation “the rear side of the sliding sleeve member” on line 14. There is insufficient antecedent basis for this limitation in the claim as a rear side of the sliding sleeve member has not yet been claimed.
Claim 14 recites “a top of a rear post” on line 5. It is unclear if this is the same structure as the top of the rear post, or in addition merely the rear post, claimed in claim 13, or if this is a second separate structure.
Claim 15 recites the limitation, “a part near the top end of the rear swing arm” on line 6. The term “near” in claim 15 is a relative term which renders the claim indefinite. The term “near” 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. In addition it is unclear what specific structure “a part” in the limitation is referring to.
Claim 16 recites “a rear post” on line 4. It is unclear if this is the same structure as the rear post claimed in claim 13 or if this is a second separate structure.
Dependent claims 2-3,5-7,12, and 17-20 are rejected due to their dependency on a rejected base claim.
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) 1-3, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. US 9138614 B2, and further in view of Liu et al. US 11154748 B2.
Regarding claim 1:
Lu teaches an elliptical machine (exercise assembly 10), characterized in that the elliptical machine comprises: a frame body (frame body 12), with a bearing beam (see annotated figure 3) provided at the top of the frame body (See figure 1); a crank transmission mechanism (resistance device 92. The examiner notes that the resistance device includes an assembly of structures working cooperatively, which will be discussed below. ) having oppositely arranged cranks (cranks 18) coaxially and pivotally connected to left and right sides of the frame body (“Each crank member 18 has a first end or portion 62 that is pivotally connected to the front portion 22 of one of the pair of foot pedal members 14 and also has a second end or portion 64 that is pivotally connected to the lower portion 58 of one of the pair of coupler arms 16.” See col. 4 lines 51-55); left and right pedal swing assemblies (pedal members 14), each having a bearing connecting arm (front portion 22), a front swing arm (coupler arm 16) pivotally connected between a top end of the frame body (“The front cross-shaft 72 has opposing ends 76, 78 on which the upper portions 60 of the coupler arms 16 freely pivotally rotate.” See col. 4 line 66-col. 5 line 1 and figure 1) and a front end of the bearing connecting arm (“Connection of the second portion 64 of the crank member 18 to the lower portion 58 of the coupler arm 16 is facilitated by a bearing and through shaft assembly 68, wherein a through shaft 70 extends through a hub 59 in the lower portion 58 of the coupler arm 16 so that the coupler arm 16 can freely pivot with respect to the through shaft 70.” See col. 4 lines 59-64 and figure 1), a rear swing arm (elongated rocker arm 20) pivotally connected between a corresponding one of the cranks (The examiner notes that the elongated rocker arm is pivotally connected to one of the cranks via the pedal member since it is connected to extension member 32, which is connected to the pedal member, which connects to the crank 18 as shown in figure 3) and a middle section of the bearing connecting arm (See figure 4), and a pedal (foot pad 26) fixed at a rear end of the bearing connecting arm (See figure 1); wherein a pivotal connection point of the rear swing arm and the corresponding one of the cranks is defined as a first pivot point (The examiner notes that as stated above the rear swing arm does pivot about the cranks via intermediary structures at the bottom of the swing arm and therefore the point it meets the pedal arm can be considered a first pivot point as shown in annotate figure 1), and a pivotal connection point of the rear swing arm and the bearing connecting arm is defined as a third pivot point (See annotated figure 1).
[AltContent: textbox (Middle Point pivotal connection)][AltContent: arrow]
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Lu fails to teach left and right stride adjustment mechanisms, each including a sliding sleeve member slidably arranged on the top of the rear swing arm, a positioning member locked on the rear side of the sliding sleeve member, and a connecting rod with a front end pivotally connected to a front end of the bearing beam and a rear end pivotally connected to a front side of the sliding sleeve member; a pivotal connection point of the sliding sleeve member and the connecting rod is defined as a second pivot point, and that the elliptical machine adjusts a length ratio between a length from the first pivot point to the third pivot point and a length from the second pivot point to the third pivot point through the positioning member.
Liu, however, teaches an elliptical trainer including structures featuring a first amplitude, a second amplitude, and a third amplitude (See abstract), and further teaches left and right stride adjustment mechanisms (amplitude linking mechanism 638), each including a sliding sleeve member (collar 6381) slidably arranged on the top of the rear swing arm (“Taking FIG. 4 as an example, the first end 6383 of the amplitude-linking mechanism 638 is pivotally connected to a collar 6381 sleeved on the middle swing rod 636.” See col. 3 line 66- col. 4 line2), a positioning member (positioning member 6382) locked on the rear side of the sliding sleeve member (see figure 6A), and a connecting rod with a front end pivotally connected to a front end of the bearing beam (second end 6384) and a rear end pivotally connected to a front side of the sliding sleeve member (front end 6383); a pivotal connection point of the sliding sleeve member and the connecting rod is defined as a second pivot point (The examiner notes that as depicted in figures 7A and 7B the sliding sleeve member has a pivotal connection with the connecting rod and therefore can be considered the second pivot point.), and that the elliptical machine adjusts a length ratio between a length from the first pivot point to the third pivot point and a length from the second pivot point to the third pivot point through the positioning member (“The longer the distance between the positioning member 6382 and the third pivot 633, the greater the stride of the pedal 630. In some embodiments, the distance between the second end 6384 (FIG. 6A) of the amplitude-linking mechanism 638 and the first pivot 631 is less than the distance between the first end 6383 (or the positioning member 6382) of the amplitude-linking mechanism 638 and the third pivot 633.” See col.4 lines 6-14).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the pedal members of Lu to include a stride adjustment mechanism as taught by Liu, as this allows for a wider variety of exercises and more customization for the user to tailor their workout to specific goals or body types.
Regarding claim 2:
Lu as modified teaches the elliptical machine as claimed in claim 1, but fails to teach it is characterized in that the elliptical machine further comprises: left and right reciprocating linkage assemblies, each reciprocating linkage assembly having two opposite ends, one of the two opposite ends is pivotally connected to a top of a rear post of the frame body, and the other one of the two opposite ends is pivotally connected to the rear swing arm.
[AltContent: textbox (1st end pivotally connected to a top of a rear post of the frame)]Liu, however, teaches an elliptical trainer including structures featuring a first amplitude, a second amplitude, and a third amplitude (See abstract), and further teaches that the elliptical machine further comprises: left and right reciprocating linkage assemblies (the combination of push rod 637 and middle swing rod 636 together comprise a reciprocating linkage assembly), each reciprocating linkage assembly having two opposite ends, one of the two opposite ends is pivotally connected to a top of a rear post of the frame body (See annotated figure 5), and the other one of the two opposite ends is pivotally connected to the rear swing arm (See annotated figure 5).
[AltContent: arrow][AltContent: textbox (2nd end pivotally connected to rear swing arm)][AltContent: arrow]
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Liu, further teaches that each reciprocating linkage assembly has a vertical rod (middle swing rod 636) and a horizontal rod (push rod 637); top and bottom ends of the vertical rod are respectively pivotally connected between the top of the rear post and a front end of the horizontal rod (See annotated figure 4), a rear end of the horizontal rod is pivotally connected to a part near the top end of the rear swing arm and is located below the corresponding one of the crank (See annotated figure 5).
[AltContent: textbox (Crank)][AltContent: arrow][AltContent: textbox (Top of vertical rod and rear end of horizontal rod)][AltContent: arrow]
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the elliptical machine of Lu to include left and right reciprocating linkages with vertical and horizontal rods connected to the rear post and pedal members as taught by Liu, as Lu already includes horizontal elongated link members 48 between the rear swing arm and an upper portion of the frame body to the rear, so having both would allow for smoother movement and maintain alignment during use.
Regarding claim 3:
Lu as modified by Liu teaches the elliptical machine as claimed in claim 2, characterized in that the elliptical machine further comprises: each of the reciprocating linkage assemblies has a vertical rod and a horizontal rod (See rejection of claim 2); top and bottom ends of the vertical rod are respectively pivotally connected between the top of the rear post and a front end of the horizontal rod (See rejection of claim 2), a rear end of the horizontal rod is pivotally connected to a part near the top end of the rear swing arm and is located below the corresponding one of the cranks (See rejection of claim 2).
Regarding claim 5:
Lu as modified teaches the elliptical machine as claimed in claim 1, but fails to teach that the elliptical machine is characterized in that: the rear swing arm of each of the pedal swing assemblies is provided with a high-positioning point and a low-positioning point close to a top end thereof; the sliding sleeve member is restricted and fixed to the high-positioning point or the low-positioning point by the positioning member to adjust the position of the second pivot point, thereby changing the length ratio between the length from the first pivot point to the third pivot point and the length from the second pivot point to the third pivot point, thereby linking the pedal swing assemblies and causing the pedals to move along a small-stride trajectory or a large-stride trajectory.
Liu, however, teaches an elliptical trainer including structures featuring a first amplitude, a second amplitude, and a third amplitude (See abstract), and further teaches that the rear swing arm of each of the pedal swing assemblies is provided with a high-positioning point and a low-positioning point close to a top end thereof (“In addition, the middle swing rod 636 has a plurality of positioning holes 6361, and a positioning member 6382 passes through a perforation (not shown) of the collar 6381 and is fixed to one certain positioning hole 6361. The longer the distance between the positioning member 6382 and the third pivot 633, the greater the stride of the pedal 630” See col. 4 lines 2-8. The examiner notes that each positioning hole is a different positioning point with the topmost being a high position point and the bottommost being a low positioning point, and that the rear swing arm is linked to the middle swing rod via the horizontal rod and therefore when each positioning point is selected has the different high or low points) ; the sliding sleeve member is restricted and fixed to the high-positioning point or the low-positioning point by the positioning member to adjust the position of the second pivot point (See above citation of col.4 lines 2-8), thereby changing the length ratio between the length from the first pivot point to the third pivot point and the length from the second pivot point to the third pivot point, thereby linking the pedal swing assemblies and causing the pedals to move along a small-stride trajectory or a large-stride trajectory (“According to the elliptical trainer 6 provided by embodiments of the present invention, the combination of the three amplitudes makes the pedal 630 moving along a closed elliptical trajectory, and the stride of the pedal 630 can be adjusted in a wide range.” See col. 4 lines 18-22 and figure 5 which shows the elliptical path of the stride which is adjusted as discussed above via the sliding sleeve member).
It would have been obvious to a person of ordinary skill in the art to modify the rear swing arm of Lu to include different positioning points which are selected by the positioning member as taught by Liu, since as noted above in the rejection of claim 1, which claim 5 depends on which includes the sliding sleeve member and the stride length adjustment in order to allows for a wider variety of exercises and more customization for the user to tailor their workout to specific goals or body types, and therefore the positioning members will allow for the customization to take place.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. US 9138614 B2, in view of Liu et al. US 11154748 B2, and in further view of Kuo US 9873014 B1.
Lu as modified teaches the invention as substantially claimed above.
Regarding claim 4:
Lu as modified teaches the elliptical machine as claimed in claim 1, characterized in that: the frame body includes a chassis unit, an upright frame unit fixed on an upper side of the chassis unit.
Lu fails to teach that the upright frame unit includes left and right side posts, a front post arranged between the side posts, a rear post located behind the front post, and a crossbar with a middle section fixedly connected to a front end of the rear post and two ends fixedly connected to the side posts, and a bearing beam disposed at a top end of the rear post, the left and right side posts, the front post and the rear post have their bottom ends connected to the chassis unit.
The examiner notes that Lu does teach front and rear posts with frame 12 as depicted in 1, as well as a cross bar via cross link 56, but the side posts specifically are not taught.
Kuo, however, teaches an arm and leg compound exercise machine using a pair of crank units and a lifting device to adjust leg motion track and exercise tension and allow users to timely adjust the exercise strength for leg exercise (See abstract), and further teaches that the upright frame unit includes left and right side posts (vertical bars 111), a front post arranged between the side posts (Front bracket 14), a rear post located behind the front post (pole 18), and a crossbar (pivot shaft 16) with a middle section fixedly connected to a front end of the rear post (See annotated figure 2 where the middle section of the pivot shaft is connected to the rear post via the front connection stand 191) and two ends fixedly connected to the side posts (See figure 2), and a bearing beam (front connection stand 191) disposed at a top end of the rear post (See figure 2), the left and right side posts, the front post and the rear post have their bottom ends connected to the chassis unit (See figure 2, where all of the structures are connected at the bottom to the chassis 10).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the chassis of Lu to include the side posts and connect them to the chassis and crossbar and front and rear posts, in order to provide more stability to the frame of the elliptical machine and prevent it from unwanted movement during use.
Claim(s) 8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogus US 20210170224 A1, and further in view of Chen US 8840529 B2.
Regarding claim 8:
Rogus teaches an elliptical machine (exercise machine 20a), characterized in that the elliptical machine comprises: a frame body (frame 22) including: a front post (front link arm 52a) with a bottom end pivoted to the frame body and a top end capable of pivotally swinging (“first and second front link arms 52a, 52b are pivotally coupled at a first pivot axis 54 to a lower portion of a respective one of the rocker arms 38a, 38b, and pivotally coupled at a second pivot axis 58 to a forward portion of a respective one of the pedal members 44a, 44b.” See paragraph [0039]), and a rear post (stanchion 114) located behind the front post and fixed to the frame body (See figure 2); a crank transmission mechanism having oppositely arranged cranks (first and second crank arms 110/b) coaxially and pivotally connected to left and right sides of the rear post (“Specifically, first and second crank arms 110a, 110b each have a first end portion 112 that is pivotally coupled to a stanchion 114 that upwardly extends on the rear frame portion 28.” See paragraph [0045]); left and right pedal swing assemblies (first and second pedal members 44a/b), each having a bearing connecting arm (See annotated figure 2), a front swing arm (first and second rocker arms 38a/b) pivotally connected between a top end of the front post (See figure 2) and a front end of the bearing connecting arm (See figure 2), a rear swing arm (rear link arm 118a) pivotally connected between a corresponding one of the cranks (“First and second rear link arms 118a, 118b pivotally couple the crank arms 110a, 110b to the rear portions of the respective pedal members 44a, 44b.” See paragraph [0045]) and a middle section of the bearing connecting arm, the examiner notes that the rear link arm is connected to a middle section of the bearing arm through intermediate structures extension member 128, which is connected to first and second guide members 136a/b, which are connected to crank extensions 130a/b, which are connected to the rear link members), and a pedal (foot pads 46a/b) fixed at a rear end of the bearing connecting arm (The examiner notes that as depicted in figure 1 the pedals appear to be closer to the rear of the exercise machine than the front); a pedal elevation angle adjustment mechanism (first and second adjustment devices 82a/b) including: a screw rod (positioning screw 90), and a drive motor (electric motor 86) with a front end power-connected to a rear end of the screw rod (See figure 3) and a rear end pivoted to the rear post (“A second end portion 71 of the positioning screw 90 is engaged via a threaded engagement with an engagement nut 92 that is pivotally mounted within the respective first or second supporting brackets 74a, 74b.” See paragraph [0042]), so that a position of a top end of the front swing arm of each of the pedal swing assemblies is adjusted by extension and retraction of the screw rod caused by the drive motor (“Operation of the electric motor 86 causes rotation of the motor output shaft, which in turn operates the gear set, which in turn causes rotation of the positioning screw 90. A second end portion 71 of the positioning screw 90 is engaged via a threaded engagement with an engagement nut 92 that is pivotally mounted within the respective first or second supporting brackets 74a, 74b. Thus, each adjustment device 82a, 82b is coupled to a respective one of the pedal members 44a, 44b at a second adjustment device pivot axis 55 (see FIG. 2), which is located above and rearwardly of the second pivot axis 58.” See paragraph [0042]).
Rogus fails to teach that the pedal elevation angle adjustment mechanism includes an outer sleeve with a front end pivoted to the front post and that the screw rod has a front end telescopically screwed into the outer sleeve.
Chen, however, teaches an adjustable elliptical trainer having a base, two driving brackets, two handles, two pedal assemblies and an adjustment assembly (See abstract), and further teaches that the pedal elevation angle adjustment mechanism includes an outer sleeve with a front end pivoted to the front post (“Furthermore, a positioning sleeve 541 is mounted on the base 10 and rotatably receives a bottom end of the bolt 54.” See col.3 lines 22-24) and that the screw rod has a front end telescopically screwed into the outer sleeve (See figure 3 and col. 3 lines 25-31, which discuss how the bolt moves through the guiding bracket and into the positioning sleeve).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the adjustment mechanism of Rogus to include an outer sleeve as taught by Chen, in order for the screw rod to mount to the front post more securely than just screwing into the post, and the screw would move not just one point on the post since it is pushing through the sleeve as it is connected to the front post.
Regarding claim 12:
Rogus as modified by Chen teaches the elliptical machine as claimed in claim 8, characterized in that: the pedal elevation angle adjustment mechanism drives the screw rod to retract into the outer sleeve through the drive motor, so that the front post rotates to a first angular position near the rear post, to link the pedal swing assemblies and make the pedal move along a lower-level trajectory, or, the pedal elevation angle adjustment mechanism drives the screw rod to extend out of the outer sleeve through the drive motor, so that the front post rotates to a second angular position away from the rear post, to link the pedal swing assemblies and make the pedal move along an upper-level trajectory, wherein a front end of the upper-level trajectory is upwardly raised and positioned higher than a front end of the lower-level trajectory (“operation of the electric motor 86 in a first direction causes rotation of the positioning screw 90 about its own axis in a first direction and operation of the electric motor 86 in an opposite direction causes opposite rotation of the positioning screw 90 about its own axis in an opposite, second direction. Rotation of the positioning screw 90 in the first direction causes the positioning screw 90 to travel outwardly relative to the engagement nut 92, thus lengthening the linear actuator 84. Rotation of the positioning screw 90 in the second direction causes the positioning screw 90 to travel further into engagement with the engagement nut 92, thus shortening the linear actuator 84.” See paragraph [0043]. The examiner notes that once the outer sleeve is included as discussed above in the rejection of claim 8, the screw rod of Rogus would still complete the claimed function as discussed in the recitation of paragraph [0043]).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogus US 20210170224 A1, in view of Chen US 8840529 B2, and in further view of Liu et al. US 11154748 B2.
Regarding claim 9:
Rogus as modified teaches the elliptical machine as claimed in claim 8, but fails to teach that it is characterized in that the elliptical machine further comprises: left and right reciprocating linkage assemblies, each reciprocating linkage assembly having two opposite ends, one of the two opposite ends is pivotally connected to a top of a rear post of the frame body, and the other one of the two opposite ends is pivotally connected to the rear swing arm.
Liu, however, teaches an elliptical trainer including structures featuring a first amplitude, a second amplitude, and a third amplitude (See abstract), and further teaches that the elliptical machine further comprises: left and right reciprocating linkage assemblies (the combination of push rod 637 and middle swing rod 636 together comprise a reciprocating linkage assembly), each reciprocating linkage assembly having two opposite ends, one of the two opposite ends is pivotally connected to a top of a rear post of the frame body (See annotated figure 5), and the other one of the two opposite ends is pivotally connected to the rear swing arm (See annotated figure 5).
Liu, further teaches that each reciprocating linkage assembly has a vertical rod (middle swing rod 636) and a horizontal rod (push rod 637); top and bottom ends of the vertical rod are respectively pivotally connected between the top of the rear post and a front end of the horizontal rod (See annotated figure 4), a rear end of the horizontal rod is pivotally connected to a part near the top end of the rear swing arm and is located below the corresponding one of the crank (See annotated figure 5).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the elliptical machine of Rogus to include left and right reciprocating linkages with vertical and horizontal rods connected to the rear post and pedal members as taught by Liu to allow for smoother movement and maintain alignment during use.
Regarding claim 10:
Rogus as modified by Liu teaches the elliptical machine as claimed in claim 9, characterized in that the elliptical machine further comprises: each of the reciprocating linkage assemblies has a vertical rod and a horizontal rod (See rejection of claim 9); top and bottom ends of the vertical rod are respectively pivotally connected between the top of the rear post and a front end of the horizontal rod, a rear end of the horizontal rod is pivotally connected to a part near the top end of the rear swing arm and is located below the corresponding one of the cranks (See rejection of claim 9).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogus US 20210170224 A1, in view of Chen US 8840529 B2, and in further view of Kuo US 9873014 B1.
Rogus as modified teaches the invention as substantially claimed above.
Regarding claim 11:
Rogus as modified teaches the elliptical machine as claimed in claim 8, characterized in that: the frame body includes a chassis unit (front frame portion 24), an upright frame unit (support column 32) fixed on an upper side of the chassis unit (See figure 4).
Rogus fails to teach the upright frame unit includes left and right side posts, a front post arranged between the side posts, a rear post arranged between the side posts and located behind the front post, and a crossbar with a middle section fixedly connected to a front end of the rear post and two ends fixedly connected to the side posts, and a bearing beam disposed at a top end of the rear post, the left and right side posts, the front post and the rear post have their bottom ends connected to the chassis unit.
Kuo, however, teaches an arm and leg compound exercise machine using a pair of crank units and a lifting device to adjust leg motion track and exercise tension and allow users to timely adjust the exercise strength for leg exercise (See abstract), and further teaches that the upright frame unit includes left and right side posts (vertical bars 111), a front post arranged between the side posts (Front bracket 14), a rear post located behind the front post (pole 18), and a crossbar (pivot shaft 16) with a middle section fixedly connected to a front end of the rear post (See annotated figure 2 where ethe middle section of the pivot shaft is connected to the rear post via the front connection stand 191) and two ends fixedly connected to the side posts (See figure 2), and a bearing beam (front connection stand 191) disposed at a top end of the rear post (See figure 2), the left and right side posts, the front post and the rear post have their bottom ends connected to the chassis unit (See figure 2, where all of the structures are connected at the bottom to the chassis 10).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the chassis of Rogus to include the side posts and connect them to the chassis at the extending leg braces 26 and crossbar and front and rear posts, in order to provide more stability to the frame of the elliptical machine and prevent it from unwanted movement during use.
Allowable Subject Matter
Claims 13-20 include allowable subject matter.
Claims 6-7 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.
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).
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 elliptical machine as claimed in dependent claim 6, characterized in that: the sliding sleeve member of each of the stride adjustment mechanisms includes a sleeve and upper and lower collar fasteners; the sliding sleeve member is provided with a boss with an internal threaded hole on a rear side of a top end of the sleeve, and the positioning member is adjustably locked on the sliding sleeve member through the boss; a clearance space is provided between an inner surface of the sleeve and an outer surface of the rear swing arm, for the positioning member to withdraw from the high-positioning point or the low-positioning point to adjust a position of the second pivot point. Furthermore the closest prior art of record fails to teach that: a limit bump is arranged on a front side of the rear swing arm of each of the pedal swing assemblies, an elongated vertical groove is formed in a front side surface of the sleeve, so that the sliding sleeve member is slidably arranged on the top of the rear swing arm as claimed in dependent claim 7.
In regards to independent claim 13 the closest prior art fails to teach an elliptical machine, characterized in that the elliptical machine comprises: a frame body including: a front post with a bottom end pivoted to the frame body and a top end capable of pivotally swinging, a rear post located behind the front post and fixed to the frame body, and a bearing beam provided at the top of the rear post; a crank transmission mechanism having oppositely arranged cranks coaxially and pivotally connected to left and right sides of the rear post; left and right pedal swing assemblies, each having a bearing connecting arm, a front swing arm pivotally connected between a top end of the front post and a front end of the bearing connecting arm, a rear swing arm pivotally connected between a corresponding one of the cranks and a middle section of the bearing connecting arm, and a pedal fixed at a rear end of the bearing connecting arm; left and right stride adjustment mechanisms, each including a sliding sleeve member slidably arranged on the top of the rear swing arm, a positioning member locked on the rear side of the sliding sleeve member, and a connecting rod with a front end pivotally connected to a front end of the bearing beam and a rear end pivotally connected to a front side of the sliding sleeve member, wherein a pivotal connection point of the rear swing arm and the corresponding one of the cranks is defined as a first pivot point, a pivotal connection point of the sliding sleeve member and the connecting rod is defined as a second pivot point, and a pivotal connection point of the rear swing arm and the bearing connecting arm is defined as a third pivot point, so that the elliptical machine adjusts a length ratio between a length from the first pivot point to the third pivot point and a length from the second pivot point to the third pivot point through the positioning member; a pedal elevation angle adjustment mechanism including: an outer sleeve with a front end pivoted to the front post, a screw rod with a front end telescopically screwed into the outer sleeve, and a drive motor with a front end power-connected to a rear end of the screw rod and a rear end pivoted to the rear post, so that a position of a top end of the front swing arm of each of the pedal swing assemblies is adjusted by extension and retraction of the screw rod caused by the drive motor.
The closest prior art of record includes Lu et al. US 9138614 B2, Rogus US 20210170224 A1, Tracy US 20200346069 A1, and Chang et al. US 20170274244 A1.
Lu et al. US 9138614 B2: Exercise Assemblies Having Linear Motion synchronizing Mechanism, which as discussed in the rejections above teaches an elliptical machine (exercise assembly 10), characterized in that the elliptical machine comprises: a frame body (frame body 12), with a bearing beam (see annotated figure 3) provided at the top of the frame body (See figure 1); a crank transmission mechanism (resistance device 92. The examiner notes that the resistance device includes an assembly of structures working cooperatively, which will be discussed below. ) having oppositely arranged cranks (cranks 18) coaxially and pivotally connected to left and right sides of the frame body (“Each crank member 18 has a first end or portion 62 that is pivotally connected to the front portion 22 of one of the pair of foot pedal members 14 and also has a second end or portion 64 that is pivotally connected to the lower portion 58 of one of the pair of coupler arms 16.” See col. 4 lines 51-55); left and right pedal swing assemblies (pedal members 14), each having a bearing connecting arm (front portion 22), a front swing arm (coupler arm 16) pivotally connected between a top end of the frame body (“The front cross-shaft 72 has opposing ends 76, 78 on which the upper portions 60 of the coupler arms 16 freely pivotally rotate.” See col. 4 line 66-col. 5 line 1 and figure 1) and a front end of the bearing connecting arm (“Connection of the second portion 64 of the crank member 18 to the lower portion 58 of the coupler arm 16 is facilitated by a bearing and through shaft assembly 68, wherein a through shaft 70 extends through a hub 59 in the lower portion 58 of the coupler arm 16 so that the coupler arm 16 can freely pivot with respect to the through shaft 70.” See col. 4 lines 59-64 and figure 1), a rear swing arm (elongated rocker arm 20) pivotally connected between a corresponding one of the cranks (The examiner notes that the elongated rocker arm is pivotally connected to one of the cranks via the pedal member since it is connected to extension member 32, which is connected to the pedal member, which connects to the crank 18 as shown in figure 3) and a middle section of the bearing connecting arm (See figure 4), and a pedal (foot pad 26) fixed at a rear end of the bearing connecting arm (See figure 1); wherein a pivotal connection point of the rear swing arm and the corresponding one of the cranks is defined as a first pivot point (The examiner notes that as stated above the rear swing arm does pivot about the cranks via intermediary structures at the bottom of the swing arm and therefore the point it meets the pedal arm can be considered a first pivot point as shown in annotate figure 1), and a pivotal connection point of the rear swing arm and the bearing connecting arm is defined as a third pivot point (See annotated figure 1).
Lu, however fails to teach left and right stride adjustment mechanisms, each including a sliding sleeve member slidably arranged on the top of the rear swing arm, a positioning member locked on the rear side of the sliding sleeve member, and a connecting rod with a front end pivotally connected to a front end of the bearing beam and a rear end pivotally connected to a front side of the sliding sleeve member, wherein a pivotal connection point of the rear swing arm and the corresponding one of the cranks is defined as a first pivot point, a pivotal connection point of the sliding sleeve member and the connecting rod is defined as a second pivot point, and a pivotal connection point of the rear swing arm and the bearing connecting arm is defined as a third pivot point, so that the elliptical machine adjusts a length ratio between a length from the first pivot point to the third pivot point and a length from the second pivot point to the third pivot point through the positioning member; a pedal elevation angle adjustment mechanism including: an outer sleeve with a front end pivoted to the front post, a screw rod with a front end telescopically screwed into the outer sleeve, and a drive motor with a front end power-connected to a rear end of the screw rod and a rear end pivoted to the rear post, so that a position of a top end of the front swing arm of each of the pedal swing assemblies is adjusted by extension and retraction of the screw rod caused by the drive motor.
In addition, Lu as modified above in the rejection of claim 1 fails to teach the sliding sleeve member of each of the stride adjustment mechanisms includes a sleeve and upper and lower collar fasteners; the sliding sleeve member is provided with a boss with an internal threaded hole on a rear side of a top end of the sleeve, and the positioning member is adjustably locked on the sliding sleeve member through the boss; a clearance space is provided between an inner surface of the sleeve and an outer surface of the rear swing arm, for the positioning member to withdraw from the high-positioning point or the low-positioning point to adjust a position of the second pivot point. Furthermore the closest prior art of record fails to teach that: a limit bump is arranged on a front side of the rear swing arm of each of the pedal swing assemblies, an elongated vertical groove is formed in a front side surface of the sleeve, so that the sliding sleeve member is slidably arranged on the top of the rear swing arm
The examiner notes that while above for claim 1 a modification to Lu was made in view of Liu et al. to include the left and right stride adjustment mechanisms, however it would not be obvious to a person of ordinary skill in the art to further modify Lu to now include the pedal elevation angle adjustment mechanism as Lu has no reason to incline or adjust the elevation angle, and to modify the already modified sliding sleeve members to include the structures of dependent claim 6, would not be modifying the primary reference but would be an additional modification to the secondary reference which is not a proper rejection under 35 USC 103.
Rogus US 20210170224 A1: Exercise Machines Having Adjustable Elliptical Striding Motion, which teaches an elliptical machine (exercise machine 20a), characterized in that the elliptical machine comprises: a frame body (frame 22) including: a front post (front link arm 52a) with a bottom end pivoted to the frame body and a top end capable of pivotally swinging (“first and second front link arms 52a, 52b are pivotally coupled at a first pivot axis 54 to a lower portion of a respective one of the rocker arms 38a, 38b, and pivotally coupled at a second pivot axis 58 to a forward portion of a respective one of the pedal members 44a, 44b.” See paragraph [0039]), and a rear post (stanchion 114) located behind the front post and fixed to the frame body (See figure 2); a crank transmission mechanism having oppositely arranged cranks (first and second crank arms 110/b) coaxially and pivotally connected to left and right sides of the rear post (“Specifically, first and second crank arms 110a, 110b each have a first end portion 112 that is pivotally coupled to a stanchion 114 that upwardly extends on the rear frame portion 28.” See paragraph [0045]); left and right pedal swing assemblies (first and second pedal members 44a/b), each having a bearing connecting arm (See annotated figure 2), a front swing arm (first and second rocker arms 38a/b) pivotally connected between a top end of the front post (See figure 2) and a front end of the bearing connecting arm (See figure 2), a rear swing arm (rear link arm 118a) pivotally connected between a corresponding one of the cranks (“First and second rear link arms 118a, 118b pivotally couple the crank arms 110a, 110b to the rear portions of the respective pedal members 44a, 44b.” See paragraph [0045]) and a middle section of the bearing connecting arm 9the examiner notes that the rear link arm is connected to a middle section of the bearing arm through intermediate structures extension member 128, which is connected to first and second guide members 136a/b, which are connected to crank extensions 130a/b, which are connected to the rear link members), and a pedal (foot pads 46a/b) fixed at a rear end of the bearing connecting arm (The examiner notes that as depicted in figure 1 the pedals appear to be closer to the rear of the exercise machine than the front); a pedal elevation angle adjustment mechanism (first and second adjustment devices 82a/b) including: a screw rod (positioning screw 90), and a drive motor (electric motor 86) with a front end power-connected to a rear end of the screw rod (See figure 3) and a rear end pivoted to the rear post (“A second end portion 71 of the positioning screw 90 is engaged via a threaded engagement with an engagement nut 92 that is pivotally mounted within the respective first or second supporting brackets 74a, 74b.” See paragraph [0042]), so that a position of a top end of the front swing arm of each of the pedal swing assemblies is adjusted by extension and retraction of the screw rod caused by the drive motor (“Operation of the electric motor 86 causes rotation of the motor output shaft, which in turn operates the gear set, which in turn causes rotation of the positioning screw 90. A second end portion 71 of the positioning screw 90 is engaged via a threaded engagement with an engagement nut 92 that is pivotally mounted within the respective first or second supporting brackets 74a, 74b. Thus, each adjustment device 82a, 82b is coupled to a respective one of the pedal members 44a, 44b at a second adjustment device pivot axis 55 (see FIG. 2), which is located above and rearwardly of the second pivot axis 58.” See paragraph [0042]).
Rogus fails to teach left and right stride adjustment mechanisms, each including a sliding sleeve member slidably arranged on the top of the rear swing arm, a positioning member locked on the rear side of the sliding sleeve member, and a connecting rod with a front end pivotally connected to a front end of the bearing beam and a rear end pivotally connected to a front side of the sliding sleeve member, wherein a pivotal connection point of the rear swing arm and the corresponding one of the cranks is defined as a first pivot point, a pivotal connection point of the sliding sleeve member and the connecting rod is defined as a second pivot point, and a pivotal connection point of the rear swing arm and the bearing connecting arm is defined as a third pivot point, so that the elliptical machine adjusts a length ratio between a length from the first pivot point to the third pivot point and a length from the second pivot point to the third pivot point through the positioning member, and that the pedal elevation angle adjustment mechanism includes an outer sleeve with a front end pivoted to the front post and that the screw rod has a front end telescopically screwed into the outer sleeve.
In addition, Rogus fails to teach the sliding sleeve member of each of the stride adjustment mechanisms includes a sleeve and upper and lower collar fasteners; the sliding sleeve member is provided with a boss with an internal threaded hole on a rear side of a top end of the sleeve, and the positioning member is adjustably locked on the sliding sleeve member through the boss; a clearance space is provided between an inner surface of the sleeve and an outer surface of the rear swing arm, for the positioning member to withdraw from the high-positioning point or the low-positioning point to adjust a position of the second pivot point, and that a limit bump is arranged on a front side of the rear swing arm of each of the pedal swing assemblies, an elongated vertical groove is formed in a front side surface of the sleeve, so that the sliding sleeve member is slidably arranged on the top of the rear swing arm
Tracy US 20200346069 A1: Exercise Machine. which teaches an exercise machine including a frame, an adjustment assembly coupled to the frame and selectively movable relative thereto, a foot linkage arranged to reciprocally move in a closed loop path, and a handle linkage arranged to reciprocally move in a defined path. The adjustment assembly may include a pivot axis. The foot linkage may be pivotably coupled to the adjustment assembly at the pivot axis such that selective movement of the pivot axis relative to the frame alters the closed loop path of the foot linkage in use. Movement of one of the foot linkage and the handle linkage may cause corresponding movement of the other of the foot linkage and the handle linkage Actuation of the adjustment assembly may selectively move the pivot axis in more than one direction. Furthermore, Tracy teaches a pedal elevation angle adjustment mechanism (adjustment assembly 102) including a screw rod (threaded shaft 176) and a drive motor (motor 172) with a front end power-connected to a rear end of the screw rod and a rear end pivoted to the rear post (See figure 3), so that a position of a top end of the front swing arm of each of the pedal swing assemblies is adjusted by extension and retraction of the screw rod caused by the drive motor (“As explained herein, the actuator 152 may be a mechanism operated manually by a user or operated electrically by a motor to selectively move the first end 154 of the lever arm 150 towards or away from the mast 116. For example, the actuator 152 may include a knob-like device or motor 172 fixedly connected to the frame 110, and in this example to the mast 116 at bracket 174 and arranged to rotate a threaded shaft 176.” See paragraph [0032]).
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Tracy fails to teach the pedal elevation angle adjustment mechanism including: an outer sleeve with a front end pivoted to the front post, a screw rod with a front end telescopically screwed into the outer sleeve, and further fails to teach left and right stride adjustment mechanisms, each including a sliding sleeve member slidably arranged on the top of the rear swing arm, a positioning member locked on the rear side of the sliding sleeve member, and a connecting rod with a front end pivotally connected to a front end of the bearing beam and a rear end pivotally connected to a front side of the sliding sleeve member, wherein a pivotal connection point of the rear swing arm and the corresponding one of the cranks is defined as a first pivot point, a pivotal connection point of the sliding sleeve member and the connecting rod is defined as a second pivot point, and a pivotal connection point of the rear swing arm and the bearing connecting arm is defined as a third pivot point, so that the elliptical machine adjusts a length ratio between a length from the first pivot point to the third pivot point and a length from the second pivot point to the third pivot point through the positioning member.
In addition, Tracy fails to teach the sliding sleeve member of each of the stride adjustment mechanisms includes a sleeve and upper and lower collar fasteners; the sliding sleeve member is provided with a boss with an internal threaded hole on a rear side of a top end of the sleeve, and the positioning member is adjustably locked on the sliding sleeve member through the boss; a clearance space is provided between an inner surface of the sleeve and an outer surface of the rear swing arm, for the positioning member to withdraw from the high-positioning point or the low-positioning point to adjust a position of the second pivot point, and that a limit bump is arranged on a front side of the rear swing arm of each of the pedal swing assemblies, an elongated vertical groove is formed in a front side surface of the sleeve, so that the sliding sleeve member is slidably arranged on the top of the rear swing arm
Chang et al. US 20170274244 A1: Lateral Glide Elliptical Exercise Apparatus, which teaches a lateral glide elliptical exercise apparatus including a frame defining a center line, a pair of pedal units disposed at two opposite lateral sides relative to the center line each including a pivoting block and a pedal shaft pivotally connected to the pivoting block, a damping unit for providing a damping resistance to the pedal units, and a pair of gliding guide units respectively mounted at the frame, each gliding guide unit includes a gliding guide, an actuation block and a linkage arranged so that the actuation block can be driven by the associating linkage to slide smoothly between an inner end portion and an outer end portion of the associating gliding guide when the pedal units are being alternately pedaled by the user.
Chang fails to teach the pedal elevation angle adjustment mechanism includes: an outer sleeve with a front end pivoted to the front post, a screw rod with a front end telescopically screwed into the outer sleeve, and further fails to teach left and right stride adjustment mechanisms, each including a sliding sleeve member slidably arranged on the top of the rear swing arm, a positioning member locked on the rear side of the sliding sleeve member, and a connecting rod with a front end pivotally connected to a front end of the bearing beam and a rear end pivotally connected to a front side of the sliding sleeve member, wherein a pivotal connection point of the rear swing arm and the corresponding one of the cranks is defined as a first pivot point, a pivotal connection point of the sliding sleeve member and the connecting rod is defined as a second pivot point, and a pivotal connection point of the rear swing arm and the bearing connecting arm is defined as a third pivot point, so that the elliptical machine adjusts a length ratio between a length from the first pivot point to the third pivot point and a length from the second pivot point to the third pivot point through the positioning member.
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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/JONATHAN A DICUIA/ Examiner, Art Unit 3784
/Megan Anderson/ Primary Examiner, Art Unit 3784
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