DETAILED ACTION
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 .
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 1-10 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 8,317,667 (Thomas).
Regarding claim 1, Thomas discloses an exercise device (abstract, FIGS. 1-6) comprising:
a hollow tubular structure 300,450 (sleeve 300 or 450 - FIGS. 1-6) having a first open end and a second open end (FIGS. 1-6), the hollow tubular structure further comprising one or more longitudinally oriented cavities inside the hollow tubular structure (one cavity inside the sleeve 300,450 - FIGS. 1-6); and
one or more resistance bands or cables 200,210,220 each having a first end and a second end (FIGS. 1-6), wherein the one or more resistance bands or cables 200,210,220 are at least partially contained or oriented within the one or more longitudinally oriented cavities (the three resistance bands 200,210,220 are at least partially contained or oriented within the sleeve 300,450 - FIGS. 1-6);
wherein the first end of the one or more resistance bands or cables is accessible by a user of the exercise device using the first open end of the hollow tubular structure (as shown in FIG. 5), and wherein the second end of the one or more resistance bands or cables (a) is secured to one or more locations inside the hollow tubular structure (this limitation is not required to be met since it is included in an alternative limitation), or (b) extends out from, or is configurable to extend out from, the second open end of the hollow tubular structure 300,450 such that the second end is secured to a mechanism 240,250,260,350,430 anchoring and/or providing resistance to the one or more resistance bands or cables (the second end of each resistance band 200,210,220 can be secured to intermediate connector 230, carabiner 240, and fastener 260 as shown in FIGS. 1-3 and 6, or to handle 350 as shown in FIGS. 1 and 6, or to tubular hand grip 430 as shown in FIGS. 2-4); and
wherein part or all of the one or more resistance bands or cables 200,210,220 remain completely or partially within the one or more longitudinally oriented cavities inside the hollow tubular structure 300,450 (FIGS. 1-6), and wherein at least the first end of the one or more resistance bands or cables 200,210,220 is configured to extend out from, be pulled from, or both, the first open end of the hollow tubular structure (FIGS. 1-6).
Regarding claim 2, Thomas teaches the exercise device of claim 1, and further discloses wherein when the second end of the one or more resistance bands or cables 200,210,220 extends out from the second open end of the hollow tubular structure 300,450 and is secured to a mechanism 240,250,260,350,430 anchoring and/or providing resistance to the one or more resistance bands or cables (FIGS. 1-6), the second open end of the hollow tubular structure is adjustably engaged to an object 240,250,260,350,430, such that an angle of the hollow tubular structure where the second open end of the hollow tubular structure adjustably engages the object is adjustable (the intermediate connector 240, the fabric strip 352 of handle 350, and the fabric strip 425 of tubular hand grip 430 are flexible and are thus capable of flexing such that an angle between the sleeve 300,450 and the respective object the intermediate connector 240 or the fabric strips 352,425 connect to is adjustable - FIGS. 1-6).
Regarding claim 3, Thomas teaches the exercise device of claim 1, and further discloses wherein the hollow tubular structure 300,450 and the one or more resistance bands or cables 200,210,220 are portable or fixed in location (portable exercise device - title).
Regarding claim 4, Thomas teaches the exercise device of claim 1, and further discloses wherein the hollow tubular structure is comprised of two or more sections which may be separated in order to separate the hollow tubular structure into two or more sections (each half of sleeve 450 can be interpreted as the two sections - FIG. 2; the sleeve 450 is openable along its edges 452,454, thus allowing two halves of the sleeve to separate from each other at the edges 452,454, forming two sections divided by the midpoint of the sleeve 450 - FIG. 2, Col 7:4-9).
Regarding claim 5, Thomas teaches the exercise device of claim 1, and further discloses wherein the one or more resistance bands or cables 200,210,220 contained partially or completely within the one or more longitudinally oriented cavities inside the hollow tubular structure 450 are attachable and detachable (bands/cables 200,210,220 can be easily inserted and removed from the openable sleeve 450 - Col 7:4-7).
Regarding claim 6, Thomas teaches the exercise device of claim 1, and further discloses wherein the first end of the one or more resistance bands or cables 200,210,220 is operably configured for attachment to a handle 350,430 (FIGS. 1-6).
Regarding claim 7, Thomas teaches the exercise device of claim 1, and further discloses an attachment or a mechanism 250 to select an amount of resistance of the one or more resistance bands or cables and/or a combination of the one or more resistance bands or cables (the handle 350 construction permits the user to vary the degree of total resistance offered by the bands 200, 210, 220 by allowing the user to easily select which of the bands 200, 210, 220 are attached to the handle 350 by being securely captured within the same carabiner 251 that captures the handle - Col 5:33-55, FIG. 1).
Regarding claim 8, Thomas teaches the exercise device of claim 1, and further discloses wherein the hollow tubular structure is rigid, semi- rigid, flexible, or capable of bending (the sleeve 300,450 is made of flexible or bendable material such as polymeric material or rubber material - Col 6:13-19).
Regarding claim 9, Thomas teaches the exercise device of claim 1, and further discloses wherein the provided resistance is adjustable (the handle 350 construction permits the user to vary the degree of total resistance offered by the bands 200, 210, 220 by allowing the user to easily select which of the bands 200, 210, 220 are attached to the handle 350 by being securely captured within the same carabiner 251 that captures the handle - Col 5:33-55, FIG. 1).
Regarding claim 10, Thomas teaches the exercise device of claim 1, and further discloses wherein the provided resistance resists the first end of the one or more resistance bands or cables 200,210,220 from extending out from, being pulled from, or both, the first open end of the hollow tubular structure (the first ends of the selected resistance bands 200,210,220 are attached to a handle 350 and provide resistance to a user pulling on the handle 350 - FIGS. 1-6, Col 5:33-55).
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 on 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
