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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/11/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6, 9-12, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 11,072,464 (Freedman et al., hereinafter “Freedman”) in view of US 7,837,599 (Kowalczewski et al., hereinafter “Kowalczewski”).
Regarding Claim 1, Freedman discloses a therapeutic apparatus for rehabilitation of a user (abstract; multi-functional storage container and fitness training system 100 is capable of being used by physical therapists, Col. 11 Lns. 58-65, Fig. 1), comprising:
a housing having a graspable exterior surface (storage container 110 has a graspable exterior surface, Fig. 1);
a handle formed on the housing with a plurality of surfaces configured to provide a hook grasp and a cylindrical grasp by the user (hook 140 is formed on the storage container 110 with a plurality of surfaces capable of providing a hook grasp and a cylindrical grasp by the user, Fig. 1); and
a weight removably attached to or disposed within the housing for adjusting a weight of the therapeutic apparatus ("As shown in FIG. 12 with the lid 112 removed, the interior 129 of the storage container 110 offers an option to store kettlebells 193 or other weighted objects in a cavity 191 provided therein, for the purpose of stabilizing system 100 while in use and/or to provide additional weight for a variety of strength and endurance exercises", Col. 5 Lns. 45-50, Figs. 1 and 12).
Freedman fails to explicitly disclose a knob formed on the housing having a surface with an interchangeable shape configured to enable at least one of a pincer grasp through thumb and index finger opposition, a tip grasp through finger and thumb tip control, a jaw chuck grasp through thumb opposing multiple fingers, and a spherical grasp through conforming fingers and thumb around a spherical surface; and a slot formed on the housing and configured to facilitate at least one of a lumbrical grasp and a lateral grasp by the user.
However, Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches an apparatus (apparatus 10. Fig. 1) comprising a knob formed on the housing having a surface with an interchangeable shape configured to enable a spherical grasp through conforming fingers and thumb around a spherical surface (rotatable spring-loaded doorknob 56 is formed on the horizontal support 26 having a surface capable of having an interchangeable shape and enabling a spherical grasp by user 54 through conforming fingers and thumb around a spherical surface, Col. 8 Lns. 32-35, Figs. 1 and 3A-3B); and a slot formed on the housing and configured to facilitate a lateral grasp by the user (key-like tab 58 is formed on the horizontal support 26 and capable of facilitating a lateral grasp by the user 54, Figs. 1 and 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Freedman to include a knob formed on the housing having a surface with an interchangeable shape configured to enable a spherical grasp through conforming fingers and thumb around a spherical surface; and a slot formed on the housing and configured to facilitate a lateral grasp by the user as taught by Kowalczewski. The motivation would be to restore fine motor control and functional strength.
Regarding Claim 2, modified Freedman discloses the therapeutic apparatus of claim 1. Freedman further discloses wherein the handle includes a textured surface shaped to match anatomical features of a hand of the user (hook 140 includes a textured surface shaped to match anatomical features of a hand of the user, Fig. 1).
Regarding Claim 3, modified Freedman discloses the therapeutic apparatus of claim 1. Freedman fails to explicitly disclose wherein the knob includes a textured surface to provide tactile feedback. However, Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches an apparatus (apparatus 10, Fig. 1) wherein the knob includes a textured surface to provide tactile feedback (doorknob 56 includes a textured surface that provides a physical response, Figs. 1 and 3A-3B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Freedman to include wherein the knob includes a textured surface to provide tactile feedback as taught by Kowalczewski. The motivation would be to enhance sensory awareness and train fine motor coordination.
Regarding Claim 4, modified Freedman discloses the therapeutic apparatus of claim 1. Freedman fails to explicitly disclose wherein the knob includes a plurality of differently shaped knobs, each differently shaped knob coupled to the housing. However, Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches an apparatus (apparatus 10, Fig. 1) wherein the knob includes a plurality of differently shaped knobs, each differently shaped knob coupled to the housing ("the doorknob 56 [coupled to the horizontal support 26] can be replaced by different manipulanda. Non-limiting examples include a sphere, oval, lever or other shapes which simulate other activities of daily life", Col. 8 Lns. 32-35, Figs. 1 and 3A-3B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Freedman to include wherein the knob includes a plurality of differently shaped knobs, each differently shaped knob coupled to the housing as taught by Kowalczewski. The motivation would be to promote grip variety and hand adaptability.
Regarding Claim 5, modified Freedman discloses the therapeutic apparatus of claim 1. Freedman fails to explicitly disclose wherein the slot includes a width configured to accept multiple different hands and grips. However, Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches an apparatus (apparatus 10. Fig. 1) wherein the slot includes a width configured to accept multiple different hands and grips (key-like tab 58 includes a width capable of accepting multiple different hands and grips, Fig. 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Freedman to include wherein the slot includes a width configured to accept multiple different hands and grips as taught by Kowalczewski. The motivation would be to accommodate varying levels of ability, which promotes adaptability and comfort.
Regarding Claim 6, modified Freedman discloses the therapeutic apparatus of claim 1. Freedman further discloses wherein the weight comprises a plurality of removable weight segments ("As shown in FIG. 12 with the lid 112 removed, the interior 129 of the storage container 110 offers an option to store kettlebells 193 or other weighted objects in a cavity 191 provided therein, for the purpose of stabilizing system 100 while in use and/or to provide additional weight for a variety of strength and endurance exercises", Col. 5 Lns. 45-50).
Regarding Claim 9, modified Freedman discloses the therapeutic apparatus of claim 1. Freedman fails to explicitly disclose wherein the weight includes an indication of a weight amount.It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an indication of a weight amount on kettle bells or dumbbells 193 in Freedman, since it was known in the art that kettle bells and dumbbells have weight indications. The motivation would be to ensure appropriate load selection.
Regarding Claim 10, modified Freedman discloses the therapeutic apparatus of claim 9. Freedman fails to explicitly disclose wherein the indication of a weight amount is one of a visible indication and a tactile indication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a visible indication of a weight amount on kettle bells or dumbbells 193 in Freedman, since it was known in the art that kettle bells and dumbbells have visible indications for their weight amounts. The motivation would be to enhance safety and accuracy in tracking progress.
Regarding Claim 11, modified Freedman discloses the therapeutic apparatus of claim 1. Freedman further discloses wherein the housing includes a material selected from a group consisting of stainless steel, high-density polyethylene ("storage container 110... may be formed by an injection molding process from a high impact plastic, such as a high-density polyethylene", Col. 9 Lns. 27-31, Fig. 1), silicone, and combinations thereof.
Regarding Claim 12, modified Freedman discloses the therapeutic apparatus of claim 1. Freedman fails to explicitly disclose wherein the housing includes a shape selected from a group consisting of cuboid, sphere, rectangular prism, ovoid, triangular prism, a polyhedron having from four to twenty sides, and combinations thereof. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the storage container 110 in Freedman to have a shape selected from a group consisting of cuboid, sphere, rectangular prism, ovoid, triangular prism, a polyhedron having from four to twenty sides, and combinations thereof, since a change in shape of an element involves only routine skill in the art. The motivation would be to provide significant therapeutic advantages especially for retaining grip patterns and fine motor coordination.
Regarding Claim 14, modified Freedman discloses the therapeutic apparatus of claim 1. Freedman further discloses providing a therapeutic apparatus for rehabilitation of a user according to claim 1 (multi-functional storage container and fitness training system 100 is capable of being used by physical therapists, Col. 11 Lns. 58-65, Fig. 1). Freedman fails to explicitly disclose a method for rehabilitating a user, comprising: performing an exercise by the user, the exercise utilizing a member selected from a group consisting of the handle, the knob, the slot, and combinations thereof to engage at least one grasp pattern with the therapeutic apparatus. However, Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches a method for rehabilitating a user ("method and apparatus for physical therapy for various disorders in which movement of the upper extremity is impaired", Col. 5 Lns. 4-6), comprising: performing an exercise by the user, the exercise utilizing a member selected from the knob to engage at least one grasp pattern with the therapeutic apparatus ("FIGS. 3A and 3B show the doorknob manipulandum 38 comprising a rotatable spring-loaded doorknob 56 fixed for rotation to the platform 81. The doorknob 56 provides twisting (pronation-supination) exercises for the user 54, as shown in FIG. 3A. Conveniently, the doorknob 56 is rotatable into a vertical position, whereby the exercise requires a movement similar to that of twisting the lid of a screw-top jar, as shown in FIG. 3B", Col. 8 Lns. 25-32, Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Freedman to include a method for rehabilitating a user, comprising: performing an exercise by the user, the exercise utilizing a member selected from the knob to engage at least one grasp pattern with the therapeutic apparatus as taught by Kowalczewski. The motivation would be to restore fine motor control and functional strength.
Regarding Claim 15, modified Freedman discloses the method of Claim 14. Freedman further discloses adjusting a weight of the therapeutic apparatus ("As shown in FIG. 12 with the lid 112 removed, the interior 129 of the storage container 110 offers an option to store kettlebells 193 or other weighted objects in a cavity 191 provided therein, for the purpose of stabilizing system 100 while in use and/or to provide additional weight for a variety of strength and endurance exercises", Col. 5 Lns. 45-50, Figs. 1 and 12).
Regarding Claim 16, modified Freedman discloses the method of claim 15. Freedman fails to explicitly disclose the method further comprising repeating the exercise by the user. However, Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches a method for rehabilitating a user ("method and apparatus for physical therapy for various disorders in which movement of the upper extremity is impaired", Col. 5 Lns. 46) further comprising repeating the exercise by the user (the rotation of the by the user 54 is capable of being repeated, Col. 8 Lns. 25-32 and Col. 9 Ln. 42-Col. 10 Ln. 32, Figs. 1 and 3A-3B). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Freedman to include wherein the method further comprising repeating the exercise by the user as taught by Kowalczewski. The motivation would be to drive brain rewiring and strengthen the muscles.
Regarding Claim 17, modified Freedman discloses the method of claim 14. Freedman fails to explicitly disclose the method further comprising performing another exercise by the user the another exercise utilizing another member selected from the group consisting of the handle, the knob, the slot, and combinations thereof to engage at least one grasp pattern with the therapeutic apparatus. However, Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches a method for rehabilitating a user ("method and apparatus for physical therapy for various disorders in which movement of the upper extremity is impaired", Col. 5 Lns. 4-6) further comprising performing another exercise by the user the another exercise utilizing another member selected from the slot to engage at least one grasp pattern with the therapeutic apparatus ("FIG. 4 shows a key-grip manipulandum 40 comprising a key-like tab 58 extending outwardly from a key way 60 defined in the doorknob 56. The key-like tab 58 is configured to be pulled outwardly from the key way 60 by the user 54 to a pre-configured locked position, so that the key-like tab 58 cannot be completely removed from or drop out of the key way 60. The key-like tab 58 can be twisted in a movement which mimics the turning of a key in a lock", Col. 8 Lns. 36-43, Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Freedman to include a method further comprising performing another exercise by the user the another exercise utilizing another member selected from the slot to engage at least one grasp pattern with the therapeutic apparatus as taught by Kowalczewski. The motivation would be to enhance physical strength as well as brain adaptability and recovery.
Regarding Claim 18 (as best interpreted), Freedman discloses a kit for rehabilitation (abstract; multi-functional storage container and fitness training system 100 with weights 193 is capable of being used by physical therapists, Col. 11 Lns. 58-65, Figs. 1 and 12), comprising:
a therapeutic apparatus for rehabilitation of a user (multi-functional storage container and fitness training system 100 is capable of being used by physical therapists, Col. 11 Lns. 58-65, Fig. 1), including
a housing having a graspable exterior surface (storage container 110 has a graspable exterior surface, Fig. 1);
a handle formed on the housing and configured to facilitate a hook grasp and a cylindrical grasp by the user (hook 140 is formed on the storage container 110 with a plurality of surfaces capable of providing a hook grasp and a cylindrical grasp by the user. Fig. 1); and
a plurality of removable weights, each weight being configured to be removably attached to or disposed within the housing for adjusting a weight of the housing ("As shown in FIG. 12 with the lid 112 removed, the interior 129 of the storage container 110 offers an option to store kettlebells 193 or other weighted objects in a cavity 191 provided therein, for the purpose of stabilizing system 100 while in use and/or to provide additional weight for a variety of strength and endurance exercises", Col. 5 Lns. 45-50, Figs. 1 and 12).
Freedman fails to explicitly disclose a knob formed on the housing and configured to facilitate at least one of a pincer grasp. a tip grasp, a jaw chuck grasp. and a spherical grasp by the user; and a slot formed on the housing and configured to facilitate at least one of a lumbrical grasp and a lateral grasp by the user.
However, Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches an apparatus (apparatus 10, Fig. 1) comprising a knob formed on the housing and configured to facilitate a spherical grasp by the user (rotatable spring-loaded doorknob 56 is formed on the horizontal support 26 and capable of facilitating a spherical grasp by user 54, Col. 8 Lns. 32-35, Figs. 1 and 3A-3B); and a slot formed on the housing and configured to facilitate a lateral grasp by the user (key-like tab 58 is formed on the horizontal support 26 and capable of facilitating a lateral grasp by the user 54, Figs. 1 and 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of Freedman to include a knob formed on the housing and configured to facilitate a spherical grasp by the user; and a slot formed on the housing and configured to facilitate a lateral grasp by the user as taught by Kowalczewski. The motivation would be to restore fine motor control and functional strength.
Regarding Claim 19, modified Freedman discloses the kit of claim 18. Freedman fails to explicitly disclose the kit further comprising an instructional material to guide the user through various exercises.However, Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches an instructional material to guide the user through various exercises ("The computer 16 runs a software program that provides feedback and instruction to the user 54 based on the user's movements A report of the user's progress may be periodically sent over a computer network to a computer located remotely for a therapist or trainer for analysis, for example through the Internet. The therapist or trainer can issue commands to the computer 16, locally or over a computer network, to modify or change the feedback and instruction the user 54 receives from the computer 16", Col. 9 Ln. 62 - Col. 10 Ln. 6, Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of Freedman to include an instructional material to guide the user through various exercises as taught by Kowalczewski. The motivation would be to provide safety and effectiveness of the therapy process.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Freedman in view of Kowalczewski as applied to claim 18 above, and further in view of WO 2023/272403 to Exponential Digital Health (hereinafter, "Exponential" - a copy of the foreign reference was filed in the file wrapper of the instant application on 8/11/2025, 33 pages; an English translation of the description is filed herewith and the paragraph numbers below correspond to the English translation).
Regarding Claim 20, modified Freedman discloses the kit of claim 18. Freedman further discloses the kit (multi-functional storage container and fitness training system 100 with weights 193 is capable of being used by physical therapists, Col. 11 Los. 58-65, Figs. I and 12).
Freedman fails to explicitly disclose a scannable code configured to connect to a mobile application for providing instructions for using the kit.
However, Exponential is in the field of rehabilitation devices (abstract) and teaches a scannable code configured to connect to a mobile application for providing instructions for using the kit ("The proposed invention corresponds to a system of virtual, integral, and functional kinesiological therapies and exercises in prevention, treatment, and restoration, to be performed remotely by the user and comprising: i) a kit; ii) an exercise proprietary database; iii) a learning method; learning programs; and iv) a virtual platform that allows a user to access the database using the devices of the kit and the learning methodology", Para. [0011]. "Interaction between user and virtual objects through mixed reality (combining virtual re-quality with augmented reality to facilitate interaction between software, workout database, virtual therapist by mobile device and user) by means of gamification, allows the user to exercise in a comprehensive manner different kinds of exercises aimed at preventing, treating and even restoring the musculature in a systemic and safe manner. The gamification strategy contained in the invention comprises a script spoken by the virtual therapist, in which the instructions are given how to perform the exercise and use the pointer on the display to complete the necessary actions related to the exercise, along with displaying exercise in a section of the display, performed by the virtual therapist itself, and including nutrition tips, posture correction", Paras. [0013]-[0014]. "The learning methodology (Fig 2) comprises: i) Downloading the mobile application (from the learning program), ii) creating a user account, by entering an email and password into the web platform of the virtual exercise and therapy system, iii) acquire the kit of the appropriate virtual exercise and therapy system, iv) adapt the mobile application to the user's own mobile device for proper playback of content and corresponding use with the kit acquired by a QR code, IV) stage of preparing the session, depending on the corresponding requirements and instructions of each program, v) stage of selecting the objectives of the session, vi) stage of carrying out the session applying a methodology of exercise digitized in a software, and finally vii) stage of evaluation and tracking of the session", Para. [0017]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of Freedman to include a scannable code configured to connect to a mobile application for providing instructions for using the kit as taught by Exponential. The motivation would be to provide easy access for guiding the user through the session, promoting safety and effectiveness of the therapy process.
Allowable Subject Matter
Claims 7-8 and 13 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, individually or in combination, does not teach or fairly suggest the therapeutic apparatus of claim 1, wherein the weight includes an attachment mechanism including an interface for coupling to the housing. Modified Freedman discloses the therapeutic apparatus of claim 1. Freedman further discloses the weight (kettlebells 193, Fig. 12) and the housing (storage container 110, Fig. 1). However, Freedman and Kowalczewski fail to explicitly disclose wherein the weight includes an attachment mechanism including an interface for coupling to the housing. Claim 8 depends from claim 7, and therefore also contains allowable subject matter.
Regarding claim 13, the prior art of record, individually or in combination, does not teach or fairly suggest the therapeutic apparatus of claim 1, wherein: the housing includes a shape selected from a group consisting of cuboid, sphere, rectangular prism, ovoid. triangular prism, a polyhedron having from four to twenty sides, and combinations thereof, the slot includes a width configured to accept multiple different hands and grips; the knob includes a plurality of interchangeable differently shaped knobs, each differently shaped knob configured to be coupled to the housing: and the weight includes a plurality of removable weight segments, each weight segment having a coupling surface and an indication of a weight amount and an attachment mechanism for securing the weight to the housing. (i) Modified Freedman discloses the therapeutic apparatus of claim 1. Freedman further discloses the weight (kettlebells 193, Fig. 12). (ii) Kowalczewski is in the field of apparatuses to enable a user to perform upper extremity exercises (abstract) and teaches an apparatus (apparatus 10, Fig. 1) wherein the slot includes a width configured to accept multiple different hands and grips (key-like tab 58 includes a width capable of accepting multiple different hands and grips, Fig. 4); the knob includes a plurality of interchangeable differently shaped knobs, each differently shaped knob configured to be coupled to the housing ("the doorknob 56 [coupled to the horizontal support 26] can be replaced by different manipulanda. Non-limiting examples include a sphere, oval, lever or other shapes which simulate other activities of daily life", Col. 8 Lns. 32-35, Figs. 1 and 3A-3B). However, Freedman and Kowalczewski fail to explicitly disclose wherein: the housing includes a shape selected from a group consisting of cuboid, sphere, rectangular prism, ovoid, triangular prism, a polyhedron having from four to twenty sides, and combinations thereof; and the weight includes a plurality of removable weight segments, each weight segment having a coupling surface and an indication of a weight amount and an attachment mechanism for securing the weight to the housing.
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.
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/Joshua Lee/Primary Examiner, Art Unit 3784
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