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 .
Specification
The title of the invention is objected to due to a misspelling.
The title should be changed from “EXERCISE BENH AND GYM TOWEL” to --EXERCISE BENCH AND GYM TOWEL--.
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 (i.e., changing from AIA to pre-AIA ) 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2006/0189463 (Boice et al., hereinafter “Boice”).
Regarding claim 1, Boice discloses a combination comprising:
an exercise bench 18,20 adapted to receive the body of a user on which the user can exercise (see FIG. 1 below); and
a gym towel 10 attached to the exercise bench 16,18 and positioned so as to create a buffer between the user's body and the exercise bench (article 10 is an improved fitness towel - paras 0009 and 0024, see FIG. 1 below).
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Regarding claim 2, Boice teaches the combination recited in Claim 1, and further discloses wherein said exercise bench 16,18 has a horizontal seat 18 being sized to support the legs of the user and a backrest 16 standing upwardly from the horizontal seat and being sized to support the back of the user, said gym towel 10 being attached to said exercise bench at the upstanding backrest 16 thereof (FIG. 1).
Regarding claim 3, Boice teaches the combination recited in Claim 2, and further discloses wherein said gym towel 10 has first and opposite ends and a hood 14 located at the first end, said hood 14 surrounding at least some of the upstanding backrest 16 of said exercise bench by which said gym towel is attached to said exercise bench (FIG. 1).
Regarding claim 4, Boice teaches the combination recited in Claim 3, and further discloses wherein the hood 14 of said gym towel has a pass-through opening through which the upstanding backrest 16 of said exercise bench is received such that the gym towel is attached to said exercise bench and held in place thereon by said hood (FIG. 1, para 0024).
Regarding claim 5, Boice teaches the combination recited in Claim 4, and further discloses wherein the opposite end of said gym towel 10 has an elongated backing 12 extending from the hood at the first end, the elongated backing 12 of said gym towel hanging downwardly from said hood so as to lie against the upstanding backrest 16 of said exercise bench when said gym towel is attached to said exercise bench at the hood 14 thereof (FIG. 1, para 0024).
Regarding claim 6, Boice teaches the combination recited in Claim 5, and further discloses wherein the elongated backing 12 of said gym towel 10 hanging downwardly from said hood 14 creates said buffer between the back of the user and the upstanding backrest of said exercise bench (main body 12 provides a padded surface against which the individual may position their body - para 0028).
Regarding claim 7, Boice teaches the combination recited in Claim 1, and further discloses wherein said gym towel 10 is manufactured from a soft absorbent material (material of the article 10 can comprise cotton, other fabric, or non-woven material, which can be interpreted as soft absorbent materials - para 0028).
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 (i.e., changing from AIA to pre-AIA ) 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 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Boice in view of US 2011/0114235 (Hartley).
Regarding claim 8, Boice discloses a combination comprising:
an exercise bench 16,18 sized to receive the body of a user thereon on which the user can exercise (see FIG. 1 below); and
a gym towel 10 having first and opposite sides with an elongated backing 12 at the first side (article 10 is an improved fitness towel and has a main body 12 that extends towards a first side - paras 0009 and 0024, see FIG. 1 below), and the elongated backing 12 at the first side of said gym towel 10 creating a buffer between the body of the user and said exercise bench (main body 12 provides a padded surface against which the individual may position their body - para 0028).
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However, Boice does not disclose said gym towel having a plurality of raised dimples located at the opposite side, said gym towel laying on said exercise bench such that the plurality of raised dimples at said second side thereof lie facing and positioned against said exercise bench to provide an anti-slip surface by which to resist the gym towel sliding along the exercise bench during the user's exercise.
Hartley teaches an analogous gym towel 10 (abstract, FIGS. 1-4) attachable to an exercise bench (para 0014), said gym towel 10 having a plurality of raised dimples 16 located at the opposite side (gripper material of the gripper surface 16 may be dripped onto the back side 14 of the towel by dropping motel drops onto the back side 14 of the towel 10, thus forming a plurality of raised dimples - para 0016, FIG. 2) said gym towel 10 laying on said exercise bench such that the plurality of raised dimples 16 at said second side thereof lie facing and positioned against said exercise bench to provide an anti-slip surface by which to resist the gym towel sliding along the exercise bench during the user's exercise (the gripper surface is provided on a back side of the towel to increase friction between the towel and the equipment - para 0014, FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boice’s invention with the gripper surface as taught by Hartley in order to increase the grip of the towel on the exercise bench and since Boise teaches the need to ensure that the towel is always interposed between the individual and the exercise apparatus (Boice: para 0032).
Regarding claim 9, modified Boice teaches the combination recited in Claim 8, and Hartley further discloses wherein the plurality of raised dimples 16 at the opposite side of said gym towel provide a visual and tactile indication to the user as to which of the first and opposite sides of said gym towel lies against said exercise bench and which of the first and opposite sides creates said buffer (Hartley: a user could see and feel the gripper surface 16 and understand that the gripper surface 16 is on the opposite side of the towel - FIGS. 1-3).
Regarding claim 10, modified Boice teaches the combination recited in Claim 8, and Boice further discloses wherein there is a hood 14 located at one end of said gym towel 10, said hood 14 being sized to surround one end of said exercise bench 16,18 (FIG. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA S LEE whose telephone number is (571)270-1661. The examiner can normally be reached Monday-Friday 11am-7pm Eastern.
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.
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/Joshua Lee/Primary Examiner, Art Unit 3784
