DETAILED ACTION
This is the first Office action on the merits based on the 19/116,045 application filed on 03/27/2025 and applicant’s preliminary amendments filed 03/27/2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The effective filing date of the present application is 10/03/2022. In applicant’s preliminary amendments filed 03/27/2025, claims 1-13 were cancelled, and new claims 14-23 were added. Claims 14-23, as filed on 03/27/2025, are currently pending and considered below.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/27/2025 were in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
However, the listing of references in the specification (i.e. ES 1077615 U; ES 2343574 T3; ES 2278594 T3) is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, “the list may not be incorporated into the specification but must be submitted in a separate paper.” Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Specification
The abstract of the disclosure is objected to because it does not include the proper content, see below. Specifically, the abstract refers to purported merits or speculative applications of the invention and appears to compare the invention with the prior art. In addition, the abstract does not include the technical disclosure of the improvements of applicant’s invention.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
In claim 14, lines 6-13: “parts (107) longitudinally displaceable along rails (105) incorporated in the longitudinal beams of the frame, these parts (107) being provided with an orifice (110) into which a set screw (112) is locked, and which can additionally and selectively be locked into an alignment of holes (111) provided on the rails (105), parts (107) being provided with an arched groove (109) with a series of radial slots (109’) into which a lug (108) is selectively locked and onto which the ends of the lateral arms of the footbar (106) are fitted.” Emphasis added.
In claim 21, lines 2-4, “an element (510) of a width in keeping with the internal width of said groove is inserted, element (510) from which the platen (511) emerges on the underside.” Emphasis added.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof (see MPEP § 2183).
Such corresponding structure is/are:
Regarding the parts (107), the specification, as originally filed, paragraphs 0045-0047, discloses (emphasis added):
[0045] In accordance with the invention, the footbar (106) is attached to a system for adjusting the angular position of this bar, for which purpose, on the sides of the chassis, there are two plates (107) longitudinally mobile along rails (105) and provided with an orifice (110) into which a set screw (112) fits, which can also be selectively locked into an alignment of holes (111) provided on the external rail (105), thus allowing the longitudinal position of the mechanism attached to the footbar (106) to be adjusted at will.
[0046] For the angular adjustment of the footbar (106), on plates (107) there is an arched groove (109) that has a series of radial slots (109') into which a lug (108) can be selectively fitted, finishing with the extremity of the lateral arms of the footbar (106), these arms having a slotted aperture (114) into which a shaft (115) housing all the parts (107), fits.
[0047] The lug (108) is designed to be selectively housed in one of the radial notches or slots (109’) and thus provide the secure locking of the footbar (106) or, positioned in line with the arched groove (109), to facilitate changing the angular position of the footbar (106).
Regarding the element (510), the specification, as originally filed, paragraph 0076, discloses: “each element (510) will include a threaded orifice accessible through the blind groove of the rails (509), into which a set screw (514) is inserted to stabilise said element and, consequently, the transversal strap (513) for securing the user, whether at the feet, the hands or another part of their body.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 15 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 15, the limitation “wherein both the cross-section of the vertical bars (209) and the interior cross-section (211) of the locking collars (210) have a polygonal configuration of at least five sides, preferably octagonal and complementary” is recited in lines 9-11. The subject matter directed to a polygonal configuration of at least five sides is new matter that was not disclosed in the specification, as originally filed. Specifically, the specification, as originally filed, paragraph 0053, discloses the following (emphasis added):
To avoid this problem, and in accordance with figures 5 and 6, both the cross-section of the vertical bars (209) and the interior cross-section (211) of the locking collars (210) have a polygonal configuration, preferably octagonal and complementary, which allows the locking collars to slide vertically along the vertical bars (209), provided the set screws (212) are released, preventing at all times the relative rotation on the horizontal plane of the locking collars (210) with respect to the longitudinal shaft of the vertical bars (209).
In contrast, applicant’s substitute specification, filed 03/27/2025, discloses the following (emphasis added) in paragraph 0053:
To avoid this problem, and in accordance with figures 5 and 6, both the cross-section of the vertical bars (209) and the interior cross-section (211) of the locking collars (210) have a polygonal configuration of at least five sides, preferably octagonal and complementary, which allows the locking collars to slide vertically along the vertical bars (209), provided the set screws (212) are released, preventing at all times the relative rotation on the horizontal plane of the locking collars (210) with respect to the longitudinal shaft of the vertical bars (209).
Accordingly, claim 15 fails to comply with the written description requirement because it contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 14-23 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.
The claims are replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device.
Regarding claim 14, the following limitations are recited in lines 1-16:
“An exercise reformer machine, being of the type comprising a horizontal frame, generally fitted with legs at its ends, whose longitudinal beams incorporate rails for the horizontal displacement of a carriage which resists horizontal displacement by means of a series of elastic elements or springs that attach it to one of the ends of the frame, including a footbar, characterised in that it includes at least one footbar in which the ends of the footbar (106) are attached to parts (107) longitudinally displaceable along rails (105) incorporated in the longitudinal beams of the frame, these parts (107) being provided with an orifice (110) into which a set screw (112) is locked, and which can additionally and selectively be locked into an alignment of holes (111) provided on the rails (105), parts (107) being provided with an arched groove (109) with a series of radial slots (109’) into which a lug (108) is selectively locked and onto which the ends of the lateral arms of the footbar (106) are fitted, these lateral arms being provided with a slotted orifice (114) into which a shaft (115) interlocked with parts (107) engages, the lateral arms being drawn into a locked position by means of a spring (117) that connects each arm to its corresponding shaft (115) via an attachment (116).”
There is insufficient antecedent basis for the following limitations in the claim:
“its ends” (claim 14, line 2);
“whose longitudinal beams” (claim 14, line 2);
“the horizontal displacement of a carriage” (claim 14, line 3);
“one of the ends of the frame” (claim 14, line 5);
“the ends of the footbar (106)” (claim 14, line 6); and
“the ends of the lateral arms of the footbar (106)” (claim 14, lines 12-13).
In addition, the limitations render the claim indefinite because it is unclear whether or not the exercise reformer machine actually comprises all of the claimed structures since applicant recites in claim 14, line 1, “An exercise reformer machine, being of the type comprising…” Emphasis added. Specifically, the phrase “being of the type” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The limitations further render the claim indefinite because it is unclear whether or not:
the horizontal frame is actually fitted with legs at ends thereof because of applicant’s use of the term “generally fitted with legs at its ends” (emphasis added);
“a footbar” of the exercise reformer machine recited in claim 14, line 5, is the same as, different from, in addition to, and/or part of “at least one footbar” recited in claim 14, line 6;
the exercise reformer machine comprises a plurality of footbars because applicant has conflictingly recited “a footbar” and “at least one footbar” (claim 14, lines 5-6);
“the ends of the footbar” and/or the “parts (107)” are “longitudinally displaceable along the rails (105)” (claim 14, lines 6-7); and
“rails (105)” recited in claim 14, line 7, are the same as, different from, in addition to, and/or part of “rails for the horizontal displacement of a carriage” recited in claim 14, line 3.
Applicant is suggested to amend the entirety of claim 14 to:
--- An exercise reformer machine, comprising:
a carriage;
a horizontal frame fitted with legs at ends thereof and having two longitudinal beams respectively incorporating two rails (105) for a horizontal displacement of the carriage;
a series of elastic elements or springs attached to the carriage and to one of the ends of the horizontal frame to resist the horizontal displacement of the carriage;
two plates (107) longitudinally and respectively displaceable along the two rails (105), each plate (107) comprising an orifice (110) and an arched groove (109) with a series of radial slots (109’); and
a footbar (106) including two lateral arms having ends respectively attached to the two plates (107);
wherein a set screw (112), lockable into the orifice (110) of the corresponding plate (107), can additionally and selectively be locked into an alignment of holes (111) provided on the corresponding rail (105);
wherein a lug (108) of each end of the corresponding lateral arm of the footbar is selectively lockable into the series of radial slots (109’) of the arched groove (109) of the corresponding plate (107); and
wherein each lateral arm of the footbar comprises a slotted orifice (114) into which a shaft (115) interlocked with the corresponding plate (107) engages, the two lateral arms being respectively drawn into a locked position by two springs (117) that respectively connect each lateral arm to its corresponding shaft (115) via an attachment (116). ---.
Refer to the specification, as originally filed, paragraphs 0044-0049, and Figures 1-3.
Regarding claim 15, the following limitations are recited in lines 1-11:
“An exercise reformer machine, being of the type comprising a horizontal frame, generally fitted with legs at its ends, whose longitudinal beams incorporate rails for the horizontal displacement of a carriage which resists horizontal displacement by means of a series of elastic elements or springs that attach it to one of the ends of the frame, including a footbar, characterised in that it includes at least one tower (206) comprising at least two vertical bars (209), on which locking collars (210) are vertically movable and lockable by means of set screws (212), and to which accessories are attached for carrying out additional exercises on the machine, wherein both the cross-section of the vertical bars (209) and the interior cross-section (211) of the locking collars (210) have a polygonal configuration of at least five sides, preferably octagonal and complementary.”
There is insufficient antecedent basis for the following limitations in the claim:
“its ends” (claim 15, line 2);
“whose longitudinal beams” (claim 15, line 2);
“the horizontal displacement of a carriage” (claim 15, line 3);
“one of the ends of the frame” (claim 15, line 5); and
“the cross-section of the vertical bars (209) and the interior cross-section (211) of the locking collars (210)” (claim 15, lines 9-10).
In addition, the limitations render the claim indefinite because it is unclear whether or not the exercise reformer machine actually comprises all of the claimed structures since applicant recites in claim 15, line 1, “An exercise reformer machine, being of the type comprising…” Emphasis added. Specifically, the phrase “being of the type” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The limitations further render the claim indefinite because it is unclear whether or not:
the horizontal frame is actually fitted with legs at ends thereof because of applicant’s use of the term “generally fitted with legs at its ends” (emphasis added);
applicant intends to claim a plurality of towers when reciting “at least one tower (206)” or the single tower illustrated in Figures 1, 2, 4, and 7; and
applicant intends to claim that each of the “at least one tower (206)” comprises three or more vertical bars when reciting “at least one tower (206) comprising at least two vertical bars (209)” or that single tower illustrated in Figures 1, 2, 4, and 7 comprises exactly two vertical bars.
Applicant is suggested to amend the entirety of claim 15 to:
--- An exercise reformer machine, comprising:
a carriage;
a horizontal frame fitted with legs at ends thereof and having two longitudinal beams respectively incorporating two rails for a horizontal displacement of the carriage;
a series of elastic elements or springs attached to the carriage and to one of the ends of the horizontal frame to resist the horizontal displacement of the carriage;
a footbar; and
a tower (206) comprising two vertical bars (209), on which locking collars (210) are vertically movable and respectively lockable by set screws (212), and to which accessories are attached for carrying out additional exercises on the exercise reformer machine;
wherein both a cross-section of the two vertical bars (209) and an interior cross-section (211) of the locking collars (210) respectively have a polygonal configuration, preferably octagonal and complementary. ---.
Refer to the specification, as originally filed, paragraphs 0050-0055, and Figures 4-6. Refer as well to the 35 U.S.C. § 112(a) rejection of claim 15, see above.
Regarding claim 16, the following limitations are recited in lines 1-15:
“An exercise reformer machine, being of the type comprising a horizontal frame, generally fitted with legs at its ends, whose longitudinal beams incorporate rails for the horizontal displacement of a carriage which resists horizontal displacement by means of a series of elastic elements or springs that attach it to one of the ends of the frame, including a footbar, characterised in that it includes at least one end-of-stroke adjustment and damping mechanism for the machine carriage in which the longitudinal beams are provided with rails (406) for horizontal displacement of the carriage, including alignments of holes (407) into which stoppers (408) are selectively inserted to limit the travel of the carriage (403) in its retraction movement caused by the springs (404), the mechanism being provided with damping means (410), which include a housing attached to the carriage or the rails (406), a housing which comprises a rod (412) longitudinally mobile against the tension of an internal spring, a rod which at its free end has an attachment (413) intended to come into contact with the stopper (408) during the carriage’s reverse movement.”
There is insufficient antecedent basis for the following limitations in the claim:
“its ends” (claim 16, line 2);
“whose longitudinal beams” (claim 16, line 2);
“the horizontal displacement of a carriage” (claim 16, line 3);
“one of the ends of the frame” (claim 16, line 5);
“the travel of the carriage (403) in its retraction movement caused by the springs (404)” (claim 16, lines 9-10);
“the tension of an internal spring” (claim 16, line 13);
“a rod which at its free end” (claim 16, lines 13-14); and
“the carriage’s reverse movement” (claim 16, line 15).
In addition, the limitations render the claim indefinite because it is unclear whether or not the exercise reformer machine actually comprises all of the claimed structures since applicant recites in claim 16, line 1, “An exercise reformer machine, being of the type comprising…” Emphasis added. Specifically, the phrase “being of the type” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The limitations further render the claim indefinite because it is unclear whether or not:
the horizontal frame is actually fitted with legs at ends thereof because of applicant’s use of the term “generally fitted with legs at its ends” (emphasis added);
applicant intends to claim three or more end-of-stroke adjustment and damping mechanisms when reciting “at least one end-of-stroke adjustment and damping mechanism for the machine carriage” or that the exercise reformer machine disclosed in the specification, as originally filed, paragraphs 0066-0072, and as illustrated in Figures 11 and 12, comprises exactly two end-of-stroke adjustment and damping mechanisms;
“rails (406)” recited in claim 16, lines 7 and 12, are the same as, different from, in addition to, and/or part of “rails for the horizontal displacement of a carriage” recited in claim 16, line 3;
“the springs (404)” recited in claim 16, line 10, are the same as, different from, in addition to, and/or part of “a series of elastic elements or springs” recited in claim 16, line 4;
“a rod (412)” recited in claim 16, line 12, is the same as, different from, and/or in addition to “a rod which at its free end has an attachment (413)” recited in claim 16, lines 13-14; and
“the carriage’s reverse movement” recited in claim 16, line 15, is the same as, different from, and/or in addition to “the travel of the carriage (403) in its retraction movement” recited in claim 16, lines 9-10.
Applicant is suggested to amend the entirety of claim 16 to:
--- An exercise reformer machine, comprising:
a carriage (403);
a horizontal frame fitted with legs at ends thereof and having two longitudinal beams respectively incorporating two rails (406) for a horizontal displacement of the carriage (403), the two rails (406) comprising an alignment of holes (407);
a series of elastic elements or springs (404) attached to the carriage (403) and to one of the ends of the horizontal frame to resist the horizontal displacement of the carriage (403);
a footbar; and
two end-of-stroke adjustment and damping mechanisms, each comprising:
stoppers (408) selectively and respectively insertable into the alignment of holes (407) of the corresponding rail (406) to limit a travel of the carriage (403) in a retraction movement of the carriage (403) caused by the series of elastic elements or springs (404); and
a damping mechanism (410) comprising a housing attached to the carriage (403) or the corresponding rail (406);
wherein the housing comprises a rod (412) longitudinally mobile against a tension of an internal spring, and a free end of the rod terminating in an attachment (413) is configured to come into contact with one of the stoppers (408) during the retraction movement of the carriage (403). ---.
Refer to the specification, as originally filed, paragraphs 0066-0072, and Figures 11 and 12.
Regarding claim 17, which depends from claim 14, the following limitations are recited in lines 1-5:
“An exercise reformer machine of claim 14, wherein, the housing (313) includes a perimeter flange (314) with which it is attached to a base (315) provided with holes (316) for screwing it to the underside of the carriage (303), the housing having an orifice (320) on its base through which the end of the shaft (319) protrudes, and to which a cotter pin (321) is attached.”
There is insufficient antecedent basis for “the housing (313),” “the underside of the carriage (303),” and “the end of the shaft (319)” in these limitations in the claim. Applicant is suggested to amend the entirety of claim 17 to:
--- The exercise reformer machine of claim 14, further comprising a housing (313) including a perimeter flange (314) attached to a base (315), the base comprising holes (316) and an orifice (320), wherein the holes (316) of the base are configured for screwing the housing (313) to an underside of the carriage (303), wherein the orifice (320) of the base is configured to enable an end of a shaft (319) to protrude therethrough, and wherein the end of the shaft (319) is configured to enable a cotter pin (321) to be attached thereto. ---.
Refer to the specification, as originally filed, paragraphs 0060-0062, and Figures 9 and 10.
Regarding claim 18, which depends from claim 14, the following limitation is recited in lines 1-3: “An exercise reformer machine of claim 14, wherein, in keeping with the front end of the underside of the carriage (303), there are stoppers (323) onto which the ends of the ropes are hooked in a rest position.”
There is insufficient antecedent basis for “the front end of the underside of the carriage (303)” and “the ends of the ropes” in this limitation in the claim. Applicant is suggested to amend the entirety of claim 18 to --- The exercise reformer machine of claim 14, wherein a front end of an underside of the carriage (303) is coupled to stoppers (323) onto which ends of ropes are hooked in a rest position. ---.
Refer to the specification, as originally filed, paragraph 0064, and Figure 8.
Regarding claim 19, which depends from claim 14, the limitation “An exercise reformer machine of claim 14, wherein, there is a spacer (322) between the reels (318)” is recited in lines 1-2. There is insufficient antecedent basis for “the reels (318)” in this limitation in the claim. Applicant is suggested to amend the entirety of claim 19 to --- The exercise reformer machine of claim 14, further comprising a spacer (322) between reels (318). ---.
Regarding claim 20, which depends from claim 14, the following limitations are recited in lines 1-5:
“An exercise reformer machine of claim 14, wherein, characterised by having a fastening mechanism comprising platens (511) which are selectively movable on rails (509) provided on the longitudinal beams of the frame, which are interlinked by means of a transversal strap (513), constituting a means of securing the user in different positions throughout the length of the frame.”
There is insufficient antecedent basis for “the user” and “the length of the frame” in these limitations in the claim. In addition, the limitations render the claim indefinite because it is unclear whether or not:
the “rails (509) provided on the longitudinal beams of the frame” are the same as, different from, in addition to, and/or part of “a horizontal frame, generally fitted with legs at its ends, whose longitudinal beams incorporate rails for the horizontal displacement of a carriage” (emphasis added), recited in claim 14, lines 1-3; and
the transversal strap (513) interlinks the rails (509) and/or the platens (511).
Applicant is suggested to amend the entirety of claim 20 to:
--- The exercise reformer machine of claim 14, further comprising a fastening mechanism comprising two platens (511) that are selectively movable on the two rails, respectively, wherein the two platens (511) are interlinked by a transversal strap (513) configured for securing a user in different positions throughout a length of the horizontal frame. ---.
Refer to Figures 14 and 15, and the specification, as originally filed, paragraphs 0075-0077. Refer as well to the 35 U.S.C. § 112(b) rejections of claim 14, see above.
Regarding claim 21, which depends from claims 14 and 20, the following limitations are recited in lines 1-5: “An exercise reformer machine of claim 20, wherein, the rails (509) are configured in the form of a blind underside groove, into which an element (510) of a width in keeping with the internal width of said groove is inserted, element (510) from which the platen (511) emerges on the underside.”
There is insufficient antecedent basis for “the internal width of said groove” and “the underside” in these limitations in the claim. In addition, the limitations render the claim indefinite because it is unclear whether or not: “the rails (509)” are the same as, different from, in addition to, and/or part of the rails incorporated into the longitudinal beams of the horizontal frame, recited in claim 14, lines 1-3; and “the underside” refers to an underside of the element (510) and/or an underside of the rail. Applicant is suggested to amend the entirety of claim 21 to:
--- The exercise reformer machine of claim 20, wherein each of the two rails comprises a blind underside groove having an internal width into which an element (510) having a corresponding a width is inserted, and wherein the platen (511) emerges from the element (510) on an underside of the corresponding rail. ---.
Refer to Figures 14 and 15, and the specification, as originally filed, paragraphs 0075-0077. Refer as well to the 35 U.S.C. § 112(b) rejections of claims 14 and 20, see above.
Regarding claim 22, which depends from claims 14, 20, and 21, the following limitations are recited in lines 1-4: “An exercise reformer machine of claim 21, wherein, the part (510) includes means for the selective stabilisation of the platen along the rails (509), comprising a vertical threaded orifice accessible via the blind groove of the rails (509), into which a manually operated set screw (514) is inserted.”
There is insufficient antecedent basis for “the selective stabilisation of the platen along the rails (509)” in these limitations in the claim. In addition, the limitations render the claim indefinite because it is unclear whether or not: “the part (510)” is the same as, different from, and/or in addition to the element (510) recited in claim 21, lines 2-4; and “the rails (509)” are the same as, different from, in addition to, and/or part of the rails incorporated into the longitudinal beams of the horizontal frame, recited in claim 14, lines 1-3. Applicant is suggested to amend the entirety of claim 22 to:
--- The exercise reformer machine of claim 21, wherein the element (510) comprises a vertical threaded orifice accessible via the blind underside groove of the corresponding rail, and wherein a manually operated set screw (514) is insertable into the vertical threaded orifice in order to selectively stabilize the platen (511) along the corresponding rail. ---.
Refer to Figures 14 and 15, and the specification, as originally filed, paragraphs 0075-0076. Refer as well to the 35 U.S.C. § 112(b) rejections of claims 14, 20, and 21, see above.
Regarding claim 23, the limitation “the movement of said carriage in one direction” is recited in line 13. There is insufficient antecedent basis for this limitation in the claim. In claim 23, lines 14-19, the following limitations are recited: “a foot bar mounted to said frame being longitudinally displaceable along rails incorporated in the longitudinal beams of the frame by parts that can selectively locked into an alignment of holes provided on the rails and being provided said parts with an arched groove with a series of radial slots into which a lug of the ends of the lateral arms of the foot bar is selectively locked.”
There is insufficient antecedent basis for “the longitudinal beams of the frame” (claim 23, line 15) and “the ends of the lateral arms of the foot bar” (claim 23, line 18) in these limitations in the claim. In addition, the limitations render the claim indefinite because it is unclear whether or not “rails incorporated in the longitudinal beams of the frame” (claim 23, line 15) and “the rails” (claim 23, line 16) are the same as, different from, in addition to, and/or part of “first and second elongated rail members mounted to said first and second elongated beams” recited in claim 23, lines 7-8.
Applicant is suggested to amend the entirety of claim 23 to:
--- An exercise reformer machine, comprising:
a) a frame having first and second ends, the frame being supported by first and second leg assemblies respectively mounted at the first and second ends and resting on a substantially horizontal surface, the frame further including first and second elongated beams extending at a first spaced apart distance with respect to each other from the first end to the second end, and first and second elongated rail members respectively mounted to the first and second elongated beams at a second spaced apart distance with respect to the first and second elongated beams;
b) a carriage slidably mounted to the first and second elongated rail members to reciprocally travel between end positions of the frame;
c) at least one elastic member mounted to the carriage and the first end to resist a movement of the carriage in one direction;
d) two plates being longitudinally and respectively displaceable along the first and second elongated rail members, each plate comprising an arched groove with a series of radial slots; and
e) a foot bar including two lateral arms having ends respectively attached to the two plates;
wherein the two plates can be selectively and respectively locked into an alignment of holes provided on the first and second elongated rail members; and
wherein a lug of each end of the corresponding lateral arm of the foot bar is selectively lockable into the series of radial slots of the arched groove of the corresponding plate. ---.
Refer to the specification, as originally filed, paragraphs 0044-0049, and Figures 1-3.
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 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garcia França (WO 2016103004 A1).
Regarding claim 15, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 15, see above), Garcia França discloses an exercise reformer machine (Figures 17-19), comprising:
a carriage (the cart 5; Figures 17-19);
a horizontal frame (the head 23 together with the base sides 4; Figures 1, 8, and 17-19) fitted with legs (the vertical feet 401; Figures 1, 8, and 17-19) at ends (the end nearest the head 23 and the end nearest the chair side 7; Figures 1, 8, and 17-19) thereof and having two longitudinal beams (the base sides 4; Figures 1, 8, and 17-19) respectively incorporating two rails (the sliding rails 24; Figures 1 and 17-19) for a horizontal displacement of the carriage (Figures 17-19);
a series of elastic elements or springs (the springs attached between the head 23 and the cart 5; Figures 17-19) attached to the carriage and to one of the ends of the horizontal frame (Figures 17-19) to resist the horizontal displacement of the carriage (Figures 17-19);
a footbar (the exercise bar 2 nearest the chair side 7; Figures 8 and 17-19); and
a tower (the tower 8; Figures 8, 10.1, and 10.2) comprising two vertical bars (the two tubular poles 17; Figures 8, 10.1, 10.2, 12.1, and 12.2), on which locking collars (the sliding supports 6, 18, 19; Figures 7.1-8, 10.1, 10.2, and 12.1-13) are vertically movable and respectively lockable by set screws (via the locking pin of the actuation lever 602 of the sliding supports 6, 18, 19; Figures 7.1-8, 10.1, 10.2, and 12.1-13), and to which accessories are attached (the rectangular exercise bar 2 attached to the two tubular poles 17; Figures 8, 10.1, and 10.2) for carrying out additional exercises on the exercise reformer machine (Figures 8, 10.1, and 10.2); wherein both a cross-section of the two vertical bars and an interior cross-section of the locking collars respectively have a polygonal configuration, preferably octagonal and complementary (Figures 7.1-13).
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.
Claims 14, 19, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Endelman (US 2001/0056011) in view of Ruiz Esquíroz (WO 2019220000 A1).
Regarding claim 14, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 14, see above), Endelman discloses an exercise reformer machine (the exercise apparatus 10; Figures 1-3), comprising:
a carriage (the movable carriage 20; Figures 1-3);
a horizontal frame (the generally rectangular frame 12; Figures 1 and 2) fitted with legs (the set of legs 550; Figure 23) at ends (the head end 14 and the foot end 16 of the generally rectangular frame 12; Figures 1-3 and 23) thereof and having two longitudinal beams respectively incorporating two rails (the pair of parallel track or rail members 18; Figures 1-3 and 5-8) for a horizontal displacement of the carriage (paragraph 0046; Figures 1-3);
a series of elastic elements or springs (the plurality of elastic members, e.g., springs 24; Figures 1 and 2) attached to the carriage and to one of the ends of the horizontal frame (Figures 1 and 2) to resist the horizontal displacement of the carriage (paragraph 0046; Figures 1 and 2);
two plates (the support brackets 150 of the foot bar assembly 26; Figures 1-3, 12A, and 12B) longitudinally and respectively displaceable along the two rails (paragraphs 0060-0061; Figures 1-3, 6, 12A, and 12B), each plate comprising an orifice (the through bore 172; Figures 12A and 12B) and an arched plate (the arcuate portion 168 of the support plate 164 of the support bracket 150; paragraph 0060; Figures 12A and 12B) with a series of radial holes (the series of holes 170; paragraph 0060; Figures 12A and 12B); and
a footbar (the foot bar 140 of the foot bar assembly 26; Figures 1-4 and 9-11) including two lateral arms (the pair of spaced parallel leg portions 142 and 144; Figures 1-4 and 9-11) having ends respectively attached to the two plates (via the sleeve 154 and the pivot pin 156; Figures 1-3, 6-11, 21, and 22);
wherein a set screw (the spring loaded stop pin assembly 174; Figures 1, 3, 12A, 12B, 21, and 22), lockable into the orifice of the corresponding plate (paragraph 0061; Figures 1-3, 21, and 22), can additionally and selectively be locked into an alignment of holes (the plurality of horizontally spaced apart holes 176 through the longitudinal rib 90 of the extrusion 88 of the rail member 18; Figures 1-3, 10, and 21) provided on the corresponding rail; and
wherein a pin (the spring loaded stop pin 158; Figures 3, 5, 6, 11, 21, and 22) of each end of the corresponding lateral arm is selectively lockable into the series of radial holes (paragraph 0060; Figures 3, 5, 6, 11-12B, 21, and 22) of the arched plate of the corresponding plate.
However, Endelman fails to disclose: each plate comprising an arched groove with a series of radial slots; wherein a lug of each end of the corresponding lateral arm of the foot bar is selectively lockable into the series of radial slots of the arched groove of the corresponding plate; and wherein each lateral arm of the footbar comprises a slotted orifice into which a shaft interlocked with the corresponding plate engages, the two lateral arms being respectively drawn into a locked position by two springs that respectively connect each lateral arm to its corresponding shaft via an attachment.
Ruiz Esquíroz teaches an analogous exercise reformer machine (Figures 1 and 2) comprising two plates (the plates 4; Figures 1 and 2), each plate comprising an arched groove (the arcuate throat 5; Figures 1 and 2) with a series of radial slots (the series of radial grooves 6; Figures 1 and 2); wherein a lug (the stud 7; Figures 1 and 2) of each end of a corresponding lateral arm (the lateral arms 2; Figures 1 and 2) of a footbar (the “U” foot bar 1; Figures 1 and 2) is selectively lockable into the series of radial slots of the arched groove of the corresponding plate (page 4, “Preferred Embodiment of the Invention” section, first paragraph, lines 5-6: “a piece (4) that is fixed to said chassis, with an arcuate throat (5) in which a series of radial grooves (6) are established in which a stud (7) is selectively interlocked”); and wherein each lateral arm of the footbar comprises a slotted orifice (the elongate opening 8; Figures 1 and 2) into which a shaft (the shaft 9; Figures 1 and 2) interlocked with the corresponding plate engages (Figures 1 and 2), the two lateral arms being respectively drawn into a locked position by two springs (the springs 11; Figures 1 and 2) that respectively connect each lateral arm to its corresponding shaft via an attachment (the piece 10; Figures 1 and 2).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the two plates and the ends of the lateral arms of the footbar of Endelman’s invention as taught by Ruiz Esquíroz in order to enable comfortable, easy, and simple adjustment of the positioning of the footbar with one hand and “[i]n addition to being able to perform with one hand, this operation does not need to bend down as much as with other existing systems, thus resulting in a simpler, more comfortable and faster maneuver” (Ruiz Esquíroz: page 2, “Description of the Invention” section, first through third paragraphs).
Regarding claim 19, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 19, see above), Endelman further discloses a spacer (the pair of shoulder stops 50 together with the headrest 52; Figure 5) between reels (the pulley assemblies 42; Figure 5).
Regarding claim 23, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 23, see above), Endelman discloses an exercise reformer machine (the exercise apparatus 10; Figures 1-3), comprising:
a) a frame (the generally rectangular frame 12; Figures 1 and 2) having first and second ends (the head end 14 and the foot end 16 of the generally rectangular frame 12; Figures 1-3 and 23), the frame being supported by first and second leg assemblies (the set of legs 550; Figure 23) respectively mounted at the first and second ends and resting on a substantially horizontal surface (Figures 1-3 and 23), the frame further including first and second elongated beams (the pair of parallel track or rail members 18 excluding the “T” shaped slots 110; Figures 1-3 and 6-8; refer to the annotated Figure 5, see below) extending at a first spaced apart distance with respect to each other from the first end to the second end (refer to the annotated Figure 5, see below), and first and second elongated rail members (the “T” shaped slots 110 of the pair of parallel track or rail members 18; Figures 1-3 and 6-8; refer to the annotated Figure 5, see below) respectively mounted to the first and second elongated beams at a second spaced apart distance with respect to the first and second elongated beams (refer to the annotated Figure 5, see below);
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b) a carriage (the movable carriage 20; Figures 1-3) slidably mounted to the first and second elongated rail members to reciprocally travel between end positions of the frame (paragraph 0046; Figures 1-3);
c) at least one elastic member (the plurality of elastic members, e.g., springs 24; Figures 1 and 2) mounted to the carriage and the first end (Figures 1 and 2) to resist a movement of the carriage in one direction (paragraph 0046; Figures 1 and 2);
d) two plates (the support brackets 150 of the foot bar assembly 26; Figures 1-3, 12A, and 12B) being longitudinally and respectively displaceable along the first and second elongated rail members (paragraphs 0060-0061; Figures 1-3, 6, 12A, and 12B), each plate comprising an arched plate (the arcuate portion 168 of the support plate 164 of the support bracket 150; paragraph 0060; Figures 12A and 12B) with a series of radial holes (the series of holes 170; paragraph 0060; Figures 12A and 12B); and
e) a foot bar (the foot bar 140 of the foot bar assembly 26; Figures 1-4 and 9-11) including two lateral arms (the pair of spaced parallel leg portions 142 and 144; Figures 1-4 and 9-11) having ends respectively attached to the two plates (via the sleeve 154 and the pivot pin 156; Figures 1-3, 6-11, 21, and 22);
wherein the two plates can be selectively and respectively locked (via the spring loaded stop pin assembly 174; Figures 1, 3, 12A, 12B, 21, and 22) into an alignment of holes (the plurality of horizontally spaced apart holes 176 through the longitudinal rib 90 of the extrusion 88 of the rail member 18; Figures 1-3, 10, and 21) provided on the first and second elongated rail members.
However, Endelman fails to disclose: each plate comprising an arched groove with a series of radial slots; wherein a lug of each end of the corresponding lateral arm of the foot bar is selectively lockable into the series of radial slots of the arched groove of the corresponding plate.
Ruiz Esquíroz teaches an analogous exercise reformer machine (Figures 1 and 2) comprising two plates (the plates 4; Figures 1 and 2), each plate comprising an arched groove (the arcuate throat 5; Figures 1 and 2) with a series of radial slots (the series of radial grooves 6; Figures 1 and 2); wherein a lug (the stud 7; Figures 1 and 2) of each end of a corresponding lateral arm (the lateral arms 2; Figures 1 and 2) of a footbar (the “U” foot bar 1; Figures 1 and 2) is selectively lockable into the series of radial slots of the arched groove of the corresponding plate (page 4, “Preferred Embodiment of the Invention” section, first paragraph, lines 5-6: “a piece (4) that is fixed to said chassis, with an arcuate throat (5) in which a series of radial grooves (6) are established in which a stud (7) is selectively interlocked”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the two plates and the ends of the lateral arms of the footbar of Endelman’s invention as taught by Ruiz Esquíroz in order to enable comfortable, easy, and simple adjustment of the positioning of the footbar with one hand and “[i]n addition to being able to perform with one hand, this operation does not need to bend down as much as with other existing systems, thus resulting in a simpler, more comfortable and faster maneuver” (Ruiz Esquíroz: page 2, “Description of the Invention” section, first through third paragraphs).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Endelman (US 2001/0056011) in view of Garcia França (WO 2016103004 A1).
Regarding claim 15, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 15, see above), Endelman discloses an exercise reformer machine (the exercise apparatus 10; Figures 1-3), comprising:
a carriage (the movable carriage 20; Figures 1-3);
a horizontal frame (the generally rectangular frame 12; Figures 1 and 2) fitted with legs (the set of legs 550; Figure 23) at ends (the head end 14 and the foot end 16 of the generally rectangular frame 12; Figures 1-3 and 23) thereof and having two longitudinal beams respectively incorporating two rails (the pair of parallel track or rail members 18; Figures 1-3 and 5-8) for a horizontal displacement of the carriage (paragraph 0046; Figures 1-3);
a series of elastic elements or springs (the plurality of elastic members, e.g., springs 24; Figures 1 and 2) attached to the carriage and to one of the ends of the horizontal frame (Figures 1 and 2) to resist the horizontal displacement of the carriage (paragraph 0046; Figures 1 and 2);
a footbar (the foot bar 140 of the foot bar assembly 26; Figures 1-4 and 9-11); and
two vertical bars (the pair of removable arm posts 30; Figures 1, 3, and 5).
However, Endelman fails to disclose: a tower comprising the two vertical bars, on which locking collars are vertically movable and respectively lockable by set screws, and to which accessories are attached for carrying out additional exercises on the exercise reformer machine; wherein both a cross-section of the two vertical bars and an interior cross-section of the locking collars respectively have a polygonal configuration, preferably octagonal and complementary.
Garcia França teaches an analogous exercise reformer machine (Figures 7.1-13) comprising a tower (the tower 8; Figures 8, 10.1, and 10.2) comprising two vertical bars (the two tubular poles 17; Figures 8, 10.1, 10.2, 12.1, and 12.2), on which locking collars (the sliding supports 6, 18, 19; Figures 7.1-8, 10.1, 10.2, and 12.1-13) are vertically movable and respectively lockable by set screws (via the locking pin of the actuation lever 602 of the sliding supports 6, 18, 19; Figures 7.1-8, 10.1, 10.2, and 12.1-13), and to which accessories are attached (the exercise bar 2; Figures 8, 10.1, and 10.2) for carrying out additional exercises on the exercise reformer machine (Figures 8, 10.1, and 10.2); wherein both a cross-section of the two vertical bars and an interior cross-section of the locking collars respectively have a polygonal configuration, preferably octagonal and complementary (Figures 7.1-13).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the two vertical bars of Endelman’s invention with the tower taught by Garcia França in order to adjustably and adaptably provide a user with additional exercises to perform during use of the exercise reformer machine.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Garcia França (WO 2016103004 A1) in view of Hays (US 2023/0277270).
Regarding claim 16, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 16, see above), Garcia França discloses an exercise reformer machine (Figures 17-19), comprising:
a carriage (the cart 5; Figures 17-19);
a horizontal frame (the head 23 together with the base sides 4; Figures 1, 8, and 17-19) fitted with legs (the vertical feet 401; Figures 1, 8, and 17-19) at ends (the end nearest the head 23 and the end nearest the chair side 7; Figures 1, 8, and 17-19) thereof and having two longitudinal beams (the base sides 4; Figures 1, 8, and 17-19) respectively incorporating two rails (the sliding rails 24; Figures 1 and 17-19) for a horizontal displacement of the carriage (Figures 17-19), the two rails comprising an alignment of holes (claim 1: “the rails (24) have holes equally spaced in its upper surface, in which a stop (241) can be installed to limit the cart (5) displacement final travel”; Figures 2.1, 3, 8, and 17-19);
a series of elastic elements or springs (the springs attached between the head 23 and the cart 5; Figures 17-19) attached to the carriage and to one of the ends of the horizontal frame (Figures 17-19) to resist the horizontal displacement of the carriage (Figures 17-19);
a footbar (the exercise bar 2 nearest the chair side 7; Figures 8 and 17-19); and
two end-of-stroke adjustment mechanisms (the stops 241 together with the holes equally spaced in the upper surface of the rails 24; Figures 2.1, 3, 8, and 17-19; claim 1: “the rails (24) have holes equally spaced in its upper surface, in which a stop (241) can be installed to limit the cart (5) displacement final travel”), each comprising:
stoppers (the stops 241; Figures 2.1, 3, 8, and 17-19) selectively and respectively insertable into the alignment of holes of the corresponding rail to limit a travel of the carriage (claim 1: “the rails (24) have holes equally spaced in its upper surface, in which a stop (241) can be installed to limit the cart (5) displacement final travel”; Figures 2.1, 3, 8, and 17-19) in a retraction movement of the carriage caused by the series of elastic elements or springs (Figures 17-19).
However, Garcia França fails to disclose: a damping mechanism comprising a housing attached to the carriage or the corresponding rail; wherein the housing comprises a rod longitudinally mobile against a tension of an internal spring, and a free end of the rod terminating in an attachment is configured to come into contact with one of the stoppers during the retraction movement of the carriage.
Hays teaches an analogous exercise machine (the measurement bench 100; Figures 1, 2, and 5-7) for reciprocating translational movement (along the axis Z; paragraphs 0075-0083; Figures 1 and 2) of a carriage (the seat 300; paragraphs 0075-0083; Figures 1, 2, and 5-7) along rails (the frame first part 210 comprising the first rail 211 and the second rail 212; paragraphs 0075-0083; Figures 1, 2, and 7), wherein the exercise machine comprises:
a damping mechanism (the damping device 700; paragraphs 0130-0134; Figure 9) comprising a housing (the actuating cylinder body 7101; paragraphs 0130-0134) attached to the carriage or the corresponding rail (the actuating cylinder body 7101 appears to be attached to the frame first part 210; Figure 9);
wherein the housing comprises a rod (the actuating cylinder rod 7102; paragraphs 0130-0134) longitudinally mobile against a tension of an internal spring (paragraph 0134: “the damper 710 is of the oleo pneumatic type and a fluid circulates between the damper body 7101 and the reservoir 7103”), and a free end of the rod terminating in an attachment is configured to come into contact with a stopper during a retraction movement of the carriage (paragraph 0134; Figures 6 and 9).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the two end-of-stroke adjustment mechanisms of Garcia França’s invention to include a damping mechanism, as taught by Hays, in order to make it possible to brake the carriage in complete safety at the end of its travel (Hays: paragraph 0134).
Garcia França in view of Hays teaches the invention as substantially claimed, see above, but is silent as to: two end-of-stroke adjustment and damping mechanisms respectively comprising two end-of-stroke adjustment mechanisms and two damping mechanisms.
It has been held that “mere duplication of parts has no patentable significance unless a new and unexpected result is produced” (see MPEP § 2144.04 VI B). In this case, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify each of the two end-of-stroke adjustment and damping mechanisms of Garcia França’s invention modified in view of Hays such that each comprises one end-of-stroke adjustment mechanism and one damping mechanism in order to decrease the load on the single damping mechanism during each use of the exercise reformer machine for the advantage of increasing the functional life of the exercise reformer machine while also facilitating a balanced braking of the carriage in complete safety at the end of its travel along the two rails.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Endelman (US 2001/0056011) in view of Ruiz Esquíroz (WO 2019220000 A1), and further in view of LaGree (US 7,803,095).
Regarding claim 18, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 18, see above), Endelman in view of Ruiz Esquíroz teaches the invention as substantially claimed, see above, but fails to teach: wherein a front end of an underside of the carriage is coupled to stoppers onto which ends of ropes are hooked in a rest position.
LaGree teaches an analogous exercise reformer machine (Figures 1-3) wherein a front end of an underside of a carriage is coupled to stoppers (the first and second downwardly angled flanges 108a, 108b respectively comprising the cam cleats 110a, 110b; Figure 3) onto which ends of ropes are hooked in a rest position (column 8, lines 46-57: “first and second downwardly angled flanges 108a, 108b, to which the ends of the ropes 38a, 38b connect. As can be seen in FIG. 9, each of the flanges 108a, 108b includes rope attachment fittings mounted on its lower side, namely cam cleats 110a, 110b and trailing fairleads 112a, 112b. The ropes 38a, 38b can thus be shortened by simply pulling on the free ends (i.e., the ends running behind the fairleads 112a, 112b), or lengthened by simply pulling the forward runs of the ropes downwardly to free them from the cleats and then slacking the ropes and pulling them back through the cleats to the desired length.”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify a front end of an underside of the carriage of Endelman’s invention modified in view of Ruiz Esquíroz to include stoppers onto which ends of ropes are hooked in a rest position, as taught by LaGree, in order to enable the ropes to be shortened by simply pulling on the free ends or lengthened by simply pulling the forward runs of the ropes downwardly to free them from the cleats and then slacking the ropes and pulling them back through the cleats to the desired length (LaGree: column 8, lines 46-57; Figure 3).
Allowable Subject Matter
Claims 17 and 20-22 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record (Endelman (US 2001/0056011); Ruiz Esquíroz (WO 2019220000 A1); Garcia França (WO 2016103004 A1); Hays (US 2023/0277270); LaGree (US 7,803,095); Singer (US 2021/0244993)), alone or in combination, fails to teach or render obvious an exercise reformer machine in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein the end of the shaft is configured to enable a cotter pin to be attached thereto (claim 17, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 17, see above); and
a fastening mechanism comprising two platens that are selectively movable on the two rails, respectively, wherein the two platens are interlinked by a transversal strap configured for securing a user in different positions throughout a length of the horizontal frame (claim 20, as can best be understood (refer to the 35 U.S.C. § 112(b) rejections of claim 20, see above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY D URBIEL GOLDNER whose telephone number is (313)446-6554. The examiner can normally be reached between 9AM and 5PM, Eastern Time, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn B Jimenez can be reached on (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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/GARY D URBIEL GOLDNER/Primary Examiner, Art Unit 3784
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