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 .
Status of Claims
Claims 1-8, as filed on 04/10/2025, are currently pending and considered below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 2, 4, and 6 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 8882642 B2 (Chavez).
Regarding Independent Claim 1, Chavez discloses a portable exercise equipment (medicine ball device 200, Figure 10-19) for use by a subject with an exercise machine's cable or resistance band that provide resistance for strength and other allied training exercises (“ a plurality of attachment points that are adapted to be used to affix accessories, e.g., straps, elastic cords and bands” Col. 1, lines 52-54), comprising:
a skin (shell 202A and 202B) adapted to receive a ball therewithin (inner shells 220A, 220B);
first and second attachment members (hand grips 206A, 206B) carried on opposing sides of said skin (see Figures 10-11) adapted to removably attach the skin to one of said exercise machine's cable and resistance band in such a way as to enable said subject to hold said skin adapted to receive a ball therewithin with one or two hands and to so move said skin adapted to receive a ball therewithin against said resistance of said one of said exercise machine's cable or resistance band as to perform said strength and other allied training exercises without tearing off of said skin and without unintentionally dis- attaching from said resistance of said one of said exercise machine's cable or resistance band during said use for said strength and other allied training exercises (a user is capable of attaching the bands/cords to said handles 206A, 206B while the user is gripping the shells via the handles and pulling on the entirety of the ball against a resistance provided by the band/cord with the device detaching unintentionally).
Regarding Claim 2, Chavez further discloses the portable exercise equipment for use by said subject with said exercise machine's cable or said resistance band that provide resistance for said strength and said other allied training exercises of Claim 1, wherein the skin is adapted to removably receive said ball therewithin (see Figure 11 wherein the shell 202A, 202B is configured to be removable about the inner shell 220A, 220B).
Regarding Claim 4, Chavez further discloses the portable exercise equipment for use by said subject with said exercise machine's cable or said resistance band that provide resistance for said strength and said other allied training exercises of Claim 1, wherein said skin is a generally spherical skin (see Figure 11 wherein the shells are hemispherical forming a spherical shape together).
Regarding Claim 6, Chavez further discloses the portable exercise equipment for use by said subject with said exercise machine's cable or said resistance band that provide resistance for said strength and said other allied training exercises of Claim 1, wherein said ball is an ordinary sports ball (medicine ball is considered normal sports ball).
Regarding Independent Claim 1, Chavez in a second interpretation discloses a portable exercise equipment (medicine ball 40, Figure 1A) for use by a subject with an exercise machine's cable or resistance band that provide resistance for strength and other allied training exercises (hand straps 42), comprising:
a skin (outer surface 50) adapted to receive a ball (medicine ball 60) therewithin;
first and second attachment members (loops 47) carried on opposing sides of said skin adapted to removably attach the skin to one of said exercise machine's cable and resistance band (via carabiners 46) in such a way as to enable said subject to hold said skin adapted to receive a ball therewithin with one or two hands and to so move said skin adapted to receive a ball therewithin against said resistance of said one of said exercise machine's cable or resistance band as to perform said strength and other allied training exercises without tearing off of said skin and without unintentionally dis-attaching from said resistance of said one of said exercise machine's cable or resistance band during said use for said strength and other allied training exercises (user can grip the ball and move it against the elastic cords to provide resistance without the device falling apart).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over US 8882642 B2 (Chavez) in view of US 20190111308 A1 (Naomi)
Regarding Claim 3, Chavez in the second interpretation discloses the invention as substantially claimed, see above. Chavez further discloses wherein each said first and second attachment members includes an O-ring, wherein said exercise machine's cable or said resistance band has a free end and a carabineer on said end thereof, and further including
and wherein each said first and second attachment members includes an O-ring (Loops 47 which are considered O-rings), wherein said exercise machine's cable or said resistance band has a free end and a carabineer on said end thereof (carabiners 46, see Figure 2), and further including a strap (cords 44) that cooperates with said O-rings and said carabiner on said free end of said cable or resistance band (see Figure 2) to attach said exercise machine's cable or said resistance band to said skin via said first and second attachment members (as shown in Figure 2).
Chavez does not disclose wherein the skin is circumferentially zippered to removably receive said ball therewithin.
Naomi teaches an analogous exercise ball in the same field of endeavor comprising:
a skin (pouch 101) adapted to receive a ball therewithin (“medicine ball” Paragraph 32); wherein the skin is circumferentially zippered to removably receive said ball therewithin (zipper 104 located on a circumference of said ball). It would have been obvious for one skilled in the art at the time of filing to modify the skin to include a circumferential zipper, as taught by Naomi, in order to provide an simple fastener to allow removal of the skin for cleaning.
Regarding Claim 5, Chavez in the second interpretation and as modified further discloses the portable exercise equipment for use by said subject with said exercise machine's cable or said resistance band that provide resistance for said strength and said other allied training exercises of Claim 1,
wherein said first and second attachment members on opposing sides of the skin respectively include first and second pairs of O-rings (carabiners 46).
Allowable Subject Matter
Claims 7 and 8 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 7, the prior art of record US 8882642 B2 (Chavez) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including:
wherein said skin has an inside arcuate surface and wherein said attachment members include a force balancing stripe attached along its length to said inside arcuate surface of said skin.
The prior art of record teaches strap 206A (Figure 14) that extends through an inside of the skin, which are not considered equivalent to applicant’s invention as it does not extend along a length of the arcuate surface of said skin. It would not have been obvious for one skilled in the art at the time of filing to modify the strap 206A to be relocated along the arcuate inside surface without improper hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T MOORE whose telephone number is (571)272-0063. The examiner can normally be reached Monday - Thursday 8:00am - 4:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn 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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/ZACHARY T MOORE/Examiner, Art Unit 3784
