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 .
Priority
Acknowledgment is made to the instant application’s claim for priority to provisional application 63/641,567, and as such the earliest date of priority of 05/02/2024 is granted to the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/27/2025 has been considered by the examiner.
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 3,5, and 10-14 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 term “substantially” in claims 3,5, and 10-14 is a relative term which renders the claims indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In regards to claim 3, it is unclear what the metes and bounds of the limitation “substantially all of a length of a back portion of an upper body of a user” are.
In regards to claim 5, it is unclear what the metes and bounds of the limitation “a substantially planar shaped body” are.
In regards to claim 10, it is unclear what the metes and bounds of the limitation “substantially all of a length of a back portion of an upper body of a user” are.
In regards to claim 11, it is unclear what the metes and bounds of the limitation “substantially all of a length of a back portion of an upper body of a user” are.
In regards to claim 12, it is unclear what the metes and bounds of the limitation “substantially prevented from moving forward by the cross member” are.
In regards to claim 14, it is unclear what the metes and bounds of the limitation “a substantially planar shaped body” are.
Claim 11 recites the limitation “a length of the back portion of the upper body of the user” on lines 2-3. It is unclear if this is the same as the “a length of a back portion of an upper body of a user” claimed previously in claim 10, or a second separate length.
Claim Objections
Claim 2 objected to because of the following informalities:
On line 1, “surface disposed” should be –surface is disposed--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3,5-9, and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kordecki US 20180326258 A1, and further in view of Henniger US 20150011370 A1.
Regarding claim 1:
Kordecki discloses an exercise apparatus (exercise apparatus 50) comprising: a frame structure (frame assembly 120); an upper body support (bench assembly 300) pivotally attached to a rear end portion of the frame structure (“The bench assembly 300 is pivotally connected to the frame assembly 120 to allow for pivotal movement of the bench 305 and the bench support frame assembly 310 during the user's performance of the gluteal bridge exercise.” See paragraph [0053]); a foot support (foot rest assembly 215) attached to the frame structure frontward relative to the upper body support (See figure 1).
[AltContent: textbox (a first perspective view of an embodiment of an exercise apparatus for performing a gluteal bridge movement)]
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Kordecki fails to teach a cross member movably attached to the frame structure and positioned between the upper body support and at least a portion of the foot support; and a lowest portion of the cross member is positioned above a lowest portion of the foot support that the cross member.
Henniger, however, teaches an exercise device configured to strengthen the hamstring and gluteus, for example, a Glute Ham Developer (GHD) (See abstract), and further teaches a cross member (shafts 38) movably attached to the frame structure (“The slider 34 is fitted with a locking pin 36 configured to cooperate with one of a series of holes provided along the length of the third beam 30 to adjust or change the location of the slider 34 and second vertical post 32 on the third beam 30 relative to the first vertical post 16 and split cushion 22.” See paragraph [0048]) and positioned between the upper body support and at least a portion of the foot support (See figure 14); and a lowest portion of the cross member is positioned above a lowest portion of the foot support that the cross member (See figure 14 which appears to depict the lower shaft 38 above the bottom most portion of the foot plate 42).
Henniger further teaches wherein an elongated insert (horizontal beam 30) is in attachment with the cross member (See figure 8) and insertable into a receiving portion (connector 52) of the exercise apparatus so that a height of the cross member may be changed relative to a bottom end portion of the exercise apparatus (For example, the height of the connector 52 is adjusted so that the third horizontal beam 30 of the glute ham developer (GHD) exercise device 12 is oriented horizontally.” See paragraph [0057]. The examiner notes that depending on what position the connector is locked into place at, the height of the horizontal beam, and by connection the cross member is adjusted.), wherein the cross member comprises cushioning material (“A pair of cylindrical-shaped cushions 40, 40 are provided on the opposite ends of each shaft 38.” See paragraph [0049]), and wherein a first end portion and second end portion of the cross member is configured to be moved between at least a first position and a second position along a length of the exercise apparatus.
[AltContent: textbox (a perspective view of an exercise attachment device)]
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[AltContent: textbox (an opposite side elevational view of the stand alone exercise device shown in FIG. 13)]
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It would have been obvious to modify the apparatus of Kordecki to include a cross member movably supported above the foot support as taught by Henniger to better secure the user into position while they exercise, and to secure their ankles in position so they don’t lift their feet while thy push on the back rest.
Regarding claim 3:
Kordecki as modified discloses the exercise apparatus of claim 1, wherein the upper body support defines a length configured to receive substantially all of a length of a back portion of an upper body of a user (See figure 10. The examiner notes that due to the unclear nature of the claim language, see 35 USC 112(b) rejection above, that the user resting their back against the bench assembly as depicted shows that it has a length configured to receive substantially all of a length of a back portion of a user’s upper body with no further structural or functional limitations).
[AltContent: textbox (a side view of the exercise apparatus of FIG. 1, showing the exercise apparatus in a second position where a person is in a ready to use position and perform a gluteal bridge exercise)]
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Regarding claim 5:
Kordecki as modified discloses the exercise apparatus of claim 1, wherein the foot support comprises a foot receiving surface (front wall 225), wherein the foot receiving surface defines at least one of: a partial cylindrical shaped body (“Preferably, the front wall 225 is angled, sloped or curved relative to the plate member 205.” See paragraph [0049]) The examiner notes that the front wall being curved relative to the plate member shows that it could be a partially cylindrical shape depending on the user’s desired setup); a plurality of partial cylindrical shaped bodies; a wedge shaped body (See figure 2 which depicts the entire shape of the foot rest assembly as a wedge); a substantially planar shaped body (See annotated figure 2. The examiner notes that due to the unclear nature of the claim language, see 35 USC 112(b) rejection above, the front surface being rectangular as depicted is being considered under the broadest reasonable interpretation with no further structural or functional limitations as substantially planar.); and a triangular shaped body (See figure 2 where the entire shape of the foot rest assembly as a wedge, which is triangular).
[AltContent: arrow][AltContent: rect][AltContent: textbox (Planar front wall)]
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Regarding claim 6:
Kordecki as modified by Henniger teaches the exercise apparatus of claim 1, wherein an elongated insert is in attachment with the cross member and insertable into a receiving portion of the exercise apparatus so that a height of the cross member may be changed relative to a bottom end portion of the exercise apparatus(See rejection of claim 1).
Regarding claim 7:
Kordecki as modified by Henniger teaches exercise apparatus of claim 1, wherein the cross member comprises cushioning material (See rejection of claim 1).
Regarding claim 8:
Kordecki as modified by Henniger teaches exercise apparatus of claim 1, wherein a first end portion and second end portion of the cross member is configured to be moved between at least a first position and a second position along a length of the exercise apparatus (See rejection of claim 1).
Regarding claim 9:
Kordecki as modified discloses the exercise apparatus of claim 1, a first end portion and second end portion of the foot support may be moved between at least a first position and a second position along a length of the exercise apparatus (“In the embodiment of FIGS. 1-11, the foot rest assembly 215 slides along the upper surface of the plate member 205 such that the distance between the foot rest assembly 215 and the bench assembly 300 can be varied by about 20 inches, and preferably 22 inches, to accommodate different sized people.” See paragraph [0049]) .
Regarding claim 10:
Kordecki teaches a method of performing a muscular exercise comprising: positioning substantially all of a back portion of an upper body of a user on an upper body support (bench assembly 300, and see figure 10. The examiner notes that due to the unclear nature of the claim language, see 35 USC 112(b) rejection above, that the user resting their back against the bench assembly as depicted shows that it has a length configured to receive substantially all of a length of a back portion of a user’s upper body with no further structural or functional limitations.); wherein the upper body support is pivotally attached to a rear end portion of a frame structure (“The bench assembly 300 is pivotally connected to the frame assembly 120 to allow for pivotal movement of the bench 305 and the bench support frame assembly 310 during the user's performance of the gluteal bridge exercise.” See paragraph [0053], and figure 1); positioning at least one foot of the user on a foot support attached to a lower end of the frame structure and frontward relative to the upper body support (“An adjustable foot rest assembly 215 is connected to the deck assembly 200 and is configured to engage the feet of people using the apparatus 50.” See paragraph [0049] and figure 10); applying a first muscular force provided by the user such that the upper body support pivots between a first position to a second position (“The resistance assembly 400 provides a resistance force that the user U must overcome, in addition to the effects of gravity, in order to pivotally move the bench 305 from a first position (see FIG. 10) to a second position (see FIG. 11) about the pivot point.” See paragraph [0054] and figure 11); and a front end portion of upper back support being positioned lower in the first position than in the second position (See figures 10 and 11, which depict a first starting position and a pivoted second position where the bottom of the upper body support is lifted in the second position).
[AltContent: textbox (a side view of the exercise apparatus of FIG. 1, showing the exercise apparatus in a third position where the user's hips are in an extended position while performing a gluteal bridge exercise)]
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Kordecki fails to teach positioning a front part of a leg of the user to abut a cross member attached to the frame structure and positioned between the upper body support and at least a portion of the foot support.
Henniger, however, teaches an exercise device configured to strengthen the hamstring and gluteus, for example, a Glute Ham Developer (GHD) (See abstract), and further teaches positioning a front part of a leg of the user to abut a cross member (shafts 38, “a user sits on the split cushion 124, and places his or her ankles between the sets of cushions 40 as shown.” See paragraph [0073]) attached to the frame structure (See figure 8) and positioned between the upper body support and at least a portion of the foot support (See figure 8).
It would have been obvious to modify the apparatus of Kordecki to include a cross member between the foot support and upper body support, and to position the front part of a user’s leg to abut the cross member as taught by Henniger to better secure the user into position while they exercise, and to secure their ankles in position so they don’t lift their feet while thy push on the back rest.
Regarding claim 11:
Kordecki as modified discloses the method of performing the muscular exercise of claim 10, wherein the upper body support defines a length configured to receive substantially all of a length of the back portion of the upper body of the user (See figure 10. The examiner notes that due to the unclear nature of the claim language, see 35 USC 112(b) rejection above, that the user resting their back against the bench assembly as depicted shows that it has a length configured to receive substantially all of a length of a back portion of a user’s upper body with no further structural or functional limitations. In addition, due to the unclear nature of the claim language regarding whether the instant claimed “a length of the back” is the same as the length of the back as claimed previously in claim 10, see 35 USC 112(b) rejection above, for the purpose of examination with no further structural or functional limitations the claim is being interpreted to be the same length, and therefore has been rejected above in the rejection of independent claim 10.).
Regarding claim 12:
Kordecki as modified by Henniger teaches the method of performing the muscular exercise of claim 11, wherein the front part of the leg is substantially prevented from moving forward by the cross member (See rejection of claim 10, which claim 11 depends on, which claim 12 depends on. Furthermore, due to the unclear nature of the claim language, see 35 USC 112(b) rejection above, the user placing front part of their leg and being secured to perform a variety of exercises without falling shows that the leg is prevented from moving forward by the cross member(s).).
Regarding claim 13:
Kordecki as modified discloses the method of performing the muscular exercise of claim 12, wherein when the upper body support is in the first position, then an angle between a femur and spine of a user is less than when in the upper body support is in the second position (See figures 10 and 11, which depict a first and a second position of the upper body support. Figure 10 depicting the first position where the femur and spine are depicted at a more acute angle, than when in the second position shown in figure 11, where the angle between the figure and spine is shown to be greater.)
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Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kordecki US 20180326258 A1, in view of Henniger US 20150011370 A1, and further in view of Ellis et al. US 20180147436 A1.
Kordecki as modified teaches the invention as substantially claimed above.
Regarding claim 2:
Kordecki as modified teaches the exercise apparatus of claim 1, but fails to teach wherein a V-shaped surface disposed on the upper body support configured for receiving a back portion of an upper body of a user to be positioned thereon.
Ellis, however, teaches strength conditioning exercise machines wherein a movable user support is pivotally mounted on said movable slide support surface and pivotally linked to an operative linkage assembly wherein movement of the user engagement means causes movement of the slidable wedge which creates a multi-dimensional articulation motion of the user support during an exercise motion (See paragraph [0002]), and further teaches a V-shaped surface disposed on the upper body support configured for receiving a back portion of an upper body of a user to be positioned thereon (See figure 5 which depicts the user support assembly 20 comprised of torso pads 55, which are angled to create a V-shaped surface)
[AltContent: textbox (a front perspective view in the engaged and fully activated position of an embodiment of the invention that exercises a user's abdominal muscles wherein the user support is pivotally linked to the movable slide surfaces and operatively linked to the stationary main frame and two separate dependent movable user engagement members are mounted on the user support and operatively connected to the slidable wedge)]
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the back support of Kordecki to have a V-shaped surface as taught by Ellis, as the shape of the cushion amounts to no more than a design choice and it would more comfortably support the users back as they pushed on the pad, and prevent unwanted movements while they exercise.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kordecki US 20180326258 A1, in view of Henniger US 20150011370 A1, and further in view of Hornback et al. US 20140066276 A1.
Kordecki as modified teaches the invention as substantially claimed above.
Regarding claim 4:
Kordecki as modified teaches the exercise apparatus of claim 1, but fails to teach wherein an elongated insert is in attachment with the upper body support and insertable into a receiving portion of the exercise apparatus so that a height of the upper body support may be changed relative to a bottom end portion of the exercise apparatus.
Hornback, however, teaches an exercise machine for supporting a user during exercise includes a base and a platform assembly coupled to the base (See abstract), and further teaches wherein an elongated insert (Second strut 292) is in attachment with the upper body support (See figure 24) and insertable into a receiving portion (first strut 291) of the exercise apparatus so that a height of the upper body support may be changed relative to a bottom end portion of the exercise apparatus (The second strut 292 is coupled to the beam 232 to pivot relative to the platform assembly 214. The first and the second struts 291, 292 are illustratively telescopically engaged with one another to slide relative to one another.)
[AltContent: textbox (a front side perspective view of another exercise machine for exercising muscle groups of the leg and the abdomen)]
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the supports of Kordecki to be telescoping struts coupled to the base and the back support as taught by Hornback, as this allows a wider variety of users to exercise with the apparatus as they can adjust the heights and distances of each piece of the apparatus to better fit different body types/measurements.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kordecki US 20180326258 A1, in view of Henniger US 20150011370 A1, and further in view of Lalaoua. US 20150202484 A1.
Kordecki as modified teaches the invention as substantially claimed above.
Regarding claim 14:
Kordecki as modified teaches the method of performing the muscular exercise of claim 13, wherein the method further comprises: positioning the at least one foot of the user on the foot support; applying a second muscular force such that the upper body support pivots between the first position to the second position; wherein the first foot receiving surface and the second foot receiving surface defines at least one of: a partial cylindrical shaped body; a plurality of partial cylindrical shaped bodies; a wedge shaped body; a substantially planar shaped body; and a triangular shaped body.
Kordecki fails to teach removing a first foot receiving surface from the foot support; and attaching a second foot receiving surface from the foot support.
Lalaoua, however, teaches and exercise device that accommodates lateral motion when a user is seated thereon, provides resistance for core motions including bending and twisting, provides multiple resistance-type exercise devices for the arms and legs, all contained within a relatively compact and portable device (See abstract), and further teaches removing a first foot receiving surface from the foot support and attaching a second foot receiving surface from the foot support (“Both foot pedal stepper 260 and foot pedal holder 160 can be changed quickly by placing center bar 280 or 168 into the center mounting structure 68, which is a female receiver located at the front end of the body transformer 10.” See paragraph [0033]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of using the apparatus of Kordecki to include the steps of changing the foot support surface as taught by Lalaoua as this provides more customization options for the user to configure the apparatus depending on their training goals or needs.
Conclusion
The following prior art made of the record has not been relied upon but has been found to be pertinent to the content of the applicant’s disclosure:
Sallie US 10933279 B1:Sit-Up Exercise Machine, which teaches a sit-up exercise machine including a frame, chair and system of pulleys secured to a plurality of free-weights by a cable. The chair is hinged at the back. The weights are secured in opposition to the back of the chair such that resistance is required by a user of the chair to push the back of the chair away from the seat of the chair
Porteros De Luz US 20170239518 A1: Hip Thrusting Exercise Machine, which teaches a hip thrusting exercise machine including a backrest, an abdominal brace, a feet brace, an elongated frame, and a recoiling mechanism. The feet brace and the back rest allows the apparatus to properly hold the user's body in place while the user is performing the hip thrusting exercise. The abdominal brace is pressed against by the user's pelvic region in order to perform the hip thrusting exercise. The recoiling mechanism provides the user with physical resistance as the user pushes to raise the abdominal brace from a resting position to a vertically higher position. The coiling mechanism also returns the abdominal brace from the vertically higher position to the resting position so that the user can repeat the hip thrusting exercise.
Contreras US 8172736 B2: Exercise Apparatus and Methods of Use, which teaches an exercise apparatus adapted to exercise a user's gluteus muscles. The exercise apparatus and method of use allow the user to focus on and exercise gluteus muscles with specificity. Embodiments of the exercise apparatus include an upper body support, a foot support, and an exercise space. The exercise space is typically disposed substantially between an upper body support and a foot support, and permits substantial movement of a user's hips in both a forward direction and a rearward direction, substantially in or parallel to a user's sagittal plane.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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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/JONATHAN A DICUIA/Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
