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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is only directed to a strap clip for use with a rowing machine but further recites the strap and the handle in language that is, as written, requires/recites more than only intended use or functional language rendering the claims indefinite as being unclear if the claim require the handle and strap(s). See also at least claims 5/8/11 claiming the strap components and positively claiming interaction between clip and strap/handle in other than functional language limitations. See also claim 9 having no limitations regarding the strap clip. Appropriate correction is required.
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) 1-13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hernandez et al. (US 8,662,455).
Regarding claim 1, Hernandez et al. (hereafter “D1”) discloses a strap clip (spring clip 24) capable of use with a rowing machine, the strap clip comprising: a body (retainer portion 26, base portion 28) including a crossmember (connecting wall 39), a first arm (30) extending from the crossmember, and a second arm (30) extending from the crossmember, wherein the first arm is configured to receive an attachment end of a strap (capable of receiving a strap attachment loop), wherein, after engagement of the attachment end of the strap by the first arm, the first arm and the second arm are configured to engage a handle of the rowing machine to removably engage the body with the handle of the rowing machine (capable of engaging a rowing machine handle), wherein engagement of the handle with the first arm and the second arm causes the crossmember to secure the attachment end of the strap proximate to the handle, and wherein the first arm is configured to receive an interaction end of the strap, and maintain the interaction end of the strap proximate to the handle in a storage position for the strap when the strap is not in use (capable of receiving interaction end of straps).
Regarding claim 2, D1 discloses wherein at least one of the first arm (30), the second arm (30), and the crossmember (39) exhibit elastic properties allowing for deformation and reformation of the body during installation and removal of the body with the handle of the rowing machine (col. 4, lines 58-65 disclose materials).
Regarding claim 3, D1 discloses wherein the first arm (30) and the second arm (30) are comprised of a first section, a second section, and a third section, and wherein at least one of the first section, the second section, and the third section operates as a living hinge that allows for the deformation and reformation of the body (figure 1; material being resilient).
Regarding claim 4, D1 discloses wherein the crossmember (39) operates as a living hinge that allows for the deformation and reformation of the body (material being resilient).
Regarding claim 5, D1 discloses wherein the clip (24) is capable of attaching to a strap wherein an attachment end of the strap includes an attachment component operable to receive a grip of the handle, wherein the first arm or the second arm is insertable into the attachment component prior to being inserted through an aperture of the handle, and wherein the body of the strap clip capable of securing a strap attachment component between the crossmember and the handle within a cavity defined by the body of the strap clip.
Regarding claim 6, D1 discloses wherein at least one of the first arm (30) and the second arm (30) includes a bend that defines a recess proximate to the crossmember (figure 1), and wherein the recess is configured to receive the attachment component of the strap after insertion of the first arm (D1 is capable of use as claimed).
Regarding claim 7, D1 discloses wherein the respective bend (at/below 40) of the first arm and the second arm each operates as a living hinge that allows for the deformation and reformation of the body (figure 1).
Regarding claim 8, D1 is capable of use with a strap wherein the interaction end of the strap includes a grip on a loop of material, and wherein the first arm and the second arm define an opening that is able to receive the loop of material when the strap is in the storage position on the handle and not in use.
Regarding claim 9 and 13, D1 discloses the strap clip capable of use with a strap wherein the storage position for the strap and second strap is within an envelope defined at least in part by a length of a handle.
Regarding claim 10, D1 discloses wherein the second arm (30) is configured to receive a second attachment end of a second strap (capable of receiving a strap attachment end).
Regarding claim 11, D1 discloses the strap clip being capable of, after engagement of a second attachment end of the second strap by the second arm (30), the first arm (30) and the second arm are configured to engage the handle of the rowing machine to removably engage the body with the handle of the rowing machine, wherein engagement of the handle with the first arm and the second arm causes the crossmember to secure the second attachment end of the second strap proximate to the handle.
Regarding claim 12, D1 discloses wherein the second arm (30) is configured to receive a second interaction end of the second strap, and maintain the second interaction end of the second strap proximate to the handle in a second storage position for the second strap when the second strap is not in use (figure 1).
Allowable Subject Matter
Claims 14-20 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art of record does not disclose or suggest any combination meeting the limitations of the independent claim(s) 14 and 17. Specifically, D1 does not teach at least the claimed strap of claim 14 and process of use of the strap and strap clip being attached to a rowing machine handle of claim 17, and the prior art documents of record do not suggest a modification to meet these limitations.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited form PTO-892. References not applied but cited are relevant as disclosing or suggesting at least one feature in the claims or disclosure of the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D HAWN/ Primary Examiner, Art Unit 3631
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