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 .
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) 1-5, 7, 11-16, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McBride (US Pat. No. 6,030,324, Feb. 29, 2000).
Regarding claim 1, as broadly interpreted, McBride teaches an exercise device, comprising: a base frame (i.e., leg member 28, see Figs. 1, and 4-6 below, and col. 3, lines 1-20); an interface frame (i.e., seat assembly 14); a support beam (i.e., central frame member 22, see Figs. 4-6 below) hingedly coupled (i.e., pivotably connected) to the base frame 28 and hingedly coupled to the interface frame 14, wherein: the support beam 22 defines an opening 170 (see Figs. 1, and 4-6 below, and col. 5, lines 22-24), the support beam includes a pin (i.e., spring-loaded locking pin 136, see Fig. 1, and 4-6 below and col. 5, lines 24-32), and the pin 136 is biased towards projecting a portion of the pin 136 into the defined opening 170 of the support beam 22 (see Figs. 1, and 4-6 below, and col. 5, lines 19-32); and an arcuate track 134 (see Figs. 1, and 4-6 below, and col. 5, lines 19-32) coupled to the interface frame 14, wherein: the arcuate track 134 defines a plurality apertures 178 (see Figs. 1, and 4-6 below), the arcuate track 134 is configured to insert into the defined opening 170 of the support beam 22, and a first angle between the interface frame 14 and the support beam 22 is configured to be adjusted by selective engagement of the pin 136 with an aperture 178 of the plurality of apertures of the arcuate track 134 (see col. 5, lines 19-32).
PNG
media_image1.png
666
472
media_image1.png
Greyscale
PNG
media_image2.png
550
506
media_image2.png
Greyscale
PNG
media_image3.png
400
730
media_image3.png
Greyscale
PNG
media_image4.png
436
737
media_image4.png
Greyscale
Regarding claim 2, as broadly interpreted, McBride teaches the exercise device of claim 1, further comprising a swing brace (i.e., leg section 104, see Figs. 1, and 4-6 above, and col. 4, lines 48-62) hingedly coupled (i.e., pivotably coupled) to the support beam 22.
Regarding claim 3, as broadly interpreted, McBride teaches the exercise device of claim 2, wherein the base frame 28 further comprises a unidirectional adjustment interface (i.e., attachment plate 112 having adjustment holes 118,119,120,121,122, see Figs. 4-6 above and col. 4, lines 48-62).
Regarding claim 4, as broadly interpreted, McBride teaches the exercise device of claim 3, wherein a second angle between the support beam 22 and the base frame 28 is configured to be adjusted by selective engagement of the swing brace 104 with the unidirectional adjustment interface 112 (i.e., by positioning the brace 104 in desired alignment with any of adjustment holes 118, 119, 120, 121, 122).
Regarding claim 5, as broadly interpreted, McBride teaches the exercise device of claim 4, wherein the second angle is configured to be adjusted in a counterclockwise direction (see Fig. 6 above direction of arrows about attachment plate 112) about a normal axis (i.e., axis through any of any of adjustment holes 118, 119, 120, 121, 122) and a clockwise direction about the normal axis.
Regarding claim 7, McBride teaches the exercise device of claim 1, further comprising a collapsed configuration wherein the first angle and a second angle are about zero degrees, and wherein a longitudinal axis of the interface frame 14, and a longitudinal axis of the base frame 28 are approximately parallel (i.e., when seat assembly 14 is flat and parallel with backrest 18 and base frame 28).
Regarding claim 11, McBride teaches the exercise device of claim 1, further comprising a base plate 138 (see Figs 1, 4-6 above) coupled to the interface frame 14.
Regarding claim 12, McBride teaches the exercise device of claim 1, wherein the first angle is configured to be adjusted in a counterclockwise about a normal axis (i.e., axis through any of any of holes of the arcuate member 178) and a clockwise about the normal axis.
Regarding claim 13, as broadly interpreted, McBride teaches an exercise device, comprising: a base frame (i.e., leg member 28, see Figs. 1, and 4-6 above, and col. 3, lines 1-20); an interface frame (i.e., seat assembly 14); a support beam (i.e., central frame member 22, see Figs. 4-6 below) hingedly coupled (i.e., pivotably connected) to the base frame 28 and hingedly coupled to the interface frame 14, wherein: the support beam 22 includes a pin (i.e., spring-loaded locking pin 136, see Fig. 1, and 4-6 above and col. 5, lines 24-32); and an arcuate track 134 (see Figs. 1, and 4-6 above, and col. 5, lines 19-32) coupled to the interface frame, 14 wherein: the arcuate track 134 defines a plurality of apertures 178, the arcuate track 134 couples with the support beam 22, and a first angle between the interface frame 14 and the support beam 22 is adjustable by selective engagement of the pin 136 with an aperture of the plurality of apertures 178 of the arcuate track 134 (see col. 5, lines 19-32).
Regarding claim 14, McBride teaches the exercise device of claim 13, wherein each of the plurality of apertures 178 of the arcuate track 134 corresponds to an incremental degree of the first angle (see col. 5, lines 19-32).
Regarding claim 15, McBride teaches the exercise device of claim 13, further comprising a swing brace (i.e., leg section 104, see Figs. 1, and 4-6 above, and col. 4, lines 48-62) hingedly coupled (i.e., pivotably coupled) to the support beam 22.
Regarding claim 16, McBride teaches the exercise device of claim 14, wherein a second angle between the support beam 22 and the base frame 28 is configured to be adjusted by selective engagement of the swing brace 104 with a unidirectional adjustment interface (i.e., attachment plate 112 having adjustment holes 118,119,120,121,122, see Figs. 4-6 above and col. 4, lines 48-62) of the base frame 28.
Regarding claim 18, McBride teaches the exercise device of claim 13, further comprising a collapsed configuration, wherein the first angle and a second angle are about zero degrees, and wherein a longitudinal axis of the interface frame 14 and a longitudinal axis of the base frame 28 are approximately parallel (i.e., when seat assembly 14 is flat and parallel with backrest 18 and base frame 28).
Regarding claim 20, McBride teaches the exercise device of claim 13, wherein pin 136 is a spring-loaded pin (see Fig. 1, and 4-6 above and col. 5, lines 24-32).
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) 8-10, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over McBride, as applied to claims 1 and 13 above, in view of Whitcomb (US Pat. No. 5,906,566, May 25, 1999)
McBride teaches the invention as substantially claimed.
Regarding claim 8, McBride teaches that the interface frame (i.e., seat assembly 14) includes a pad, but is silent in explicitly teaching a plurality of pads.
Whitcomb, however, in an analogous art teaches an interface frame (i.e., seat assembly including a plurality of pads 114, 132, see Fig. 8 below)
PNG
media_image5.png
611
550
media_image5.png
Greyscale
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 device of McBride such that the interface assembly 14 includes a plurality of pads 114,132 as taught by Whitcomb (such as modifying the seat assembly 14 of McBride to include a foot support having cylindrical pads) in order to support various parts of the user’s body.
Regarding claim 9, McBride as modified by Whitcomb teaches the exercise device of claim 8, wherein the interface frame 14 further comprises a first pad 114, a second pad 132 (i.e., cylindrical foot pad, see Whitcomb, Fig. 8 above), and a third pad 132 (i.e., cylindrical foot pad), wherein the first pad 114 is removably coupled to the interface frame 14 (i.e., as show in Whitcomb, Fig. 8 above, seat pad 114 is removably attached by bolts).
Regarding claim 10, McBride as modified by Whitcomb teaches the exercise device of claim 1, wherein the interface frame 14 further comprises a first cylindrical pad (i.e., cylindrical foot pad, see Whitcomb, Fig. 8 above), and a second cylindrical pad (i.e., cylindrical foot pad, see Whitcomb, Fig. 8 above),, wherein the first cylindrical pad is removably coupled to the interface frame 14 (as shown in Whitcomb, Fig. 8 above cylindrical pads are mounted to mounting rod 130).
Regarding claim 19, McBride is silent in explicitly teaching the exercise device of claim 13, wherein the interface frame 14 further comprises a plurality of pads.
Whitcomb, however, in an analogous art teaches an interface frame (i.e., seat assembly including a plurality of pads 114, 132, see Fig. 8 above)
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 device of McBride such that the interface assembly 14 includes a plurality of pads 114,132 as taught by Whitcomb (such as modifying the seat assembly 14 of McBride to include a foot support having cylindrical pads) in order to support various parts of the user’s body.
Allowable Subject Matter
Claims 6 and 17 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.
Regarding claim 6, none of the prior art either alone or in combination teach or suggest the exercise device of claim 1, wherein a length of the interface frame is adjustable.
Regarding claim 17, none of the prior art either alone or in combination teach or suggest the exercise device of claim 13, wherein a length of the interface frame is adjustable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW S LO/Primary Examiner, Art Unit 3784
Prosecution Insights