Prosecution Insights
Last updated: September 17, 2026
Application No. 19/217,259

ELECTROMECHANICAL EXERCISE MACHINE

Non-Final OA §102
Filed
May 23, 2025
Priority
May 06, 2021 — provisional 63/184,823 +1 more
Examiner
KOBYLARZ, ANDREW M
Art Unit
Tech Center
Assignee
Maxxx-Force LLC
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
274 granted / 359 resolved
+16.3% vs TC avg
Strong +20% interview lift
Without
With
+20.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
19 currently pending
Career history
380
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
33.4%
-6.6% vs TC avg
§102
36.4%
-3.6% vs TC avg
§112
25.4%
-14.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 359 resolved cases

Office Action

§102
DETAILED ACTION This is the first Office Action on the merits based on the 19/217,259 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 . Claim 1, as originally filed, is currently pending and considered below. Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/30/2025 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 4, “the protuberance” should be corrected to --- the at least one protuberance--- On line 5, “the tension supporting member” should be corrected to --- the flexible tension supporting member --- On lines 7-8, “the tension supporting member” should be corrected to --- the flexible tension supporting member --- Appropriate correction is required. 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. Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berke (US Patent Pub. No. 2021/0205662; PD: 07/08/2021). PNG media_image1.png 792 746 media_image1.png Greyscale PNG media_image2.png 954 855 media_image2.png Greyscale Regarding claim 1, Berke discloses a rope arrangement (See Figures 1 and 4 above) comprising: a thimble (i.e., the thimble annotated in Figure 4 above; Para. [0032] “The conductive wire 112 may be attached to the carabiner by being looped with a thimble and crimp about one end of the carabiner.”); a flexible tension supporting member (Wire 112; Figure 4) which is terminated on the thimble; at least one protuberance (i.e., the crimp that protrudes from the thimble annotated in Figure 4 above), wherein the protuberance is integral with the thimble (i.e., the thimble and crimp form a connection to the attachment mechanism 118 and the wire 112); a channel (Aperture 110; Figure 1) through which the tension supporting member may travel within the channel; and a stop (Stopper 116; Figure 1) configured to surround the tension supporting member, such that when the stop contacts the at least one protuberance of the thimble, the stop acts as a barrier to prevent the tension supporting member from traveling beyond the stop (i.e., when the crimp/protuberance and the stop contact each other as seen in Figure 4 above, the stop 116 is not allowing the wire 112/tension supporting member from traveling beyond the stop). 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. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANDREW M KOBYLARZ/Examiner, Art Unit 3784
Read full office action

Prosecution Timeline

May 23, 2025
Application Filed
Jul 08, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12734394
SWITCHING DEVICES, FITNESS EQUIPMENT, AND CONTROL METHODS FOR FITNESS EQUIPMENT
2y 1m to grant Granted Sep 15, 2026
Patent 12728312
AN EXERCISE BIKE
2y 6m to grant Granted Sep 08, 2026
Patent 12702891
DUMBBELL WITH ROUNDED RIMS
2y 0m to grant Granted Aug 11, 2026
Patent 12691335
SYSTEM FOR CONTROLLING EXERCISE EQUIPMENT BASED ON USER PACE AND MOTION ANALYSIS
2y 8m to grant Granted Jul 28, 2026
Patent 12685901
TRAINING DEVICE AND TRAINING SYSTEM
2y 0m to grant Granted Jul 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
97%
With Interview (+20.3%)
1y 11m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 359 resolved cases by this examiner. Grant probability derived from career allowance rate.

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