DETAILED ACTION
This is the first Office Action on the merits based on the 19/216,999 application filed on 05/23/2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-2, as originally filed, are currently pending and considered below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/23/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
On line 10, “chargeable” should be corrected to --- fillable---
On lines 10-11, “charging portion” should be corrected to --- filling portion---
On line 12, “charging or discharging” should be corrected to --- filling or unfilling---
On line 24, “charged” should be corrected to --- filled---
On line 25, “the partition portions” should be corrected to --- the plurality of partition portions---
Claim 2 is objected to because of the following informalities:
On line 2, “in the buffer portion” should be corrected to ---each of the plurality of buffer portions---
On line 7, “, that is, in” should be corrected to --- in ---
Appropriate correction is required.
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.
Claim 2 is 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 2 recites the limitation "the axis direction" in line 8. There is insufficient antecedent basis for this limitation in the claim.
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)(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.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hamady (US Patent Pub. No. 2024/0207667; FD: 00/05/2023).
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Regarding claim 1, Hamady discloses a circular annular training equipment (Hand weight 1100; Figures 12A and 12D) comprising: an outer peripheral portion (Chassis 1200 and flexible element 1300; Figures 12A and 12D) having a circular annular shape (i.e., the chassis and flexible element form a circular annular shaped as seen in Figure 12A above); and a grip portion (Handle portion 1205; Figure 12A) that has both ends thereof continuously connected between opposedly facing inner side walls of the outer peripheral portion (i.e., the handle 1205 is connected to the inner side walls of the chassis 1200 as seen in Figure 12D), wherein the outer peripheral portion is formed in a tubular shape (i.e., the chassis 1200 and flexible element 1300 form a tube as seen in the cross section in Figure 12D) having an internal space into which a fluid body is chargeable (i.e., the inner space of the flexible element 1300 forms a fluid body when filled), and includes a charging portion (Sealable opening 1600; Figure 12D) provided with a lid (i.e., cap) that is openable and closable for charging or discharging the fluid body into or from the internal space (i.e., the sealable opening 1600 can be sealed/closed by a lid; Para. [0026]; Para. [0078] “The sealable opening 600 can be an opening with a cap attachable to the hand weight 100 to seal the opening.”), the outer peripheral portion includes a plurality of buffer portions (Portions of the baffle 1700; Figure 12D; i.e., see annotation in Figure 12D above) each having a back- and-forth communication portion (Cavity 1400; Figure 12D) that is an opening formed by narrowing a cross-sectional opening of the internal space (i.e., the baffle 1700 narrows the opening of the internal space to form the cavity 1400), and each of the back-and-forth communication portions is provided for allowing the fluid body to be movable in the internal space therethrough (i.e., the fluid body is moveable within the opening 1405), and the outer peripheral portion includes a plurality of partition portions (i.e., the portions of the baffle 1700 annotated in Figure 12D above) that prevent the fluid body charged into the internal space from moving in the internal space (i.e., the fluid being filled by the valve 1600 is prevented from moving into the part of the internal space where no liquid is present by the partition portions annotated in Figure 12D), the partition portions being formed on portions of the outer peripheral portion to which both ends of the grip portion are continuously connected (i.e., the portions are in the center of the peripheral portion continuously connecting to the grip portions).
Allowable Subject Matter
Claim 2 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
The prior art of record Matthews (US Patent Pub. No. 2011/0287903; PD: 11/24/2011), Thomas (US Patent Pub. No. 2022/0362611; PD: 11/17/2022), Hamady (US Patent Pub. No. 2024/0207667; FD: 00/05/2023), Amann (US Patent Pub. No. 2005/0096200; PD: 05/05/2005), and Stugart (US Patent Pub. No. 2009/0075792; PD: 03/19/2009) fail to teach or render obvious claim 2.
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Matthews discloses a circular annular training equipment (Exercise weight 190; Figure 22) comprising: an outer peripheral portion (Handle portion 192; Figure 22) having a circular annular shape; and a grip portion (Attachment member 194; Figure 22), wherein the outer peripheral portion is formed in a tubular shape having an internal space into which a fluid body is chargeable (Para. [0074] “An opening 199 is formed in the handle member 192 to permit fluid to be added and removed.”), and includes a charging portion (Opening 199; Figure 22) provided with a lid (i.e., stopper; Para. [0074]) that is openable and closable for charging or discharging the fluid body into or from the internal space but does not teach a grip portion that has both ends thereof continuously connected between opposedly facing inner side walls of the outer peripheral portion, the outer peripheral portion includes a plurality of buffer portions each having a back-and-forth communication portion that is an opening formed by narrowing a cross-sectional opening of the internal space, and each of the back-and-forth communication portions is provided for allowing the fluid body to be movable in the internal space therethrough, and the outer peripheral portion includes a plurality of partition portions that prevent the fluid body charged into the internal space from moving in the internal space, the partition portions being formed on portions of the outer peripheral portion to which both ends of the grip portion are continuously connected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784
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