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 .
Priority
Acknowledgement is made of Applicant’s claim for priority to provisional application no. 63/676,320 filed 26 July 2024.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 30 July 2026 and 31 July 2026 are in compliance with the provisions of 37 CFR 1.97. However, the IDSs submitted have a total of 63 pages containing almost 400 cited references.
The voluminous contents of the IDSs submitted on 30 July 2026 and 31 July 2026 has overburdened the Examiner and prevented a complete and thorough review of each of the cited references from being conducted. Accordingly, to the extent possible, the information disclosure statement is being considered by the examiner.
In order to efficiently utilize the limited examination time afforded to all applicants, the Office requires all future information disclosure statements filed by this Applicant' s representative to be constrained to include only those references which are material to the patentability of applicant' s invention.
Refer to 37 CFR 1.56, “Duty to disclose information material to patentability,” and MPEP § 2001.05, “Materiality under 37 CFR 1.56(b),” to ensure that only references which are material to patentability are cited in an information disclosure statement.
Claim Objections
Claims 13, 15, and 19 are objected to because of the following informalities:
Claim 13, line 4, “and a first outward facing surface” should read --to a first outward facing surface--
Claim 15, line 12, comprising” should read --comprises--
Claim 19, line 4, “and a first outward facing surface” should read --to a first outward facing surface--
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.
Claims 1-7 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.
Claim 1 recites the limitation “the flange comprising a protrusion extending outward from an outward facing surface” in line 12. It is unclear what the “outward facing surface” is a surface of making it unclear what structure the protrusion is extending outward from.
Claim 3 recites the limitation “the protrusion comprises a plurality of protrusions” in lines 1-2. It is unclear how a single protrusion can comprise a plurality of protrusions. Applicant is suggested to amend claim 1 and each subsequent claim to read --at least one protrusion-- instead of “a protrusion” to make it clear that the at least one protrusion can include more than one protrusion.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8-15 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bloo et al. (CN 219208870, hereinafter Bloo, a copy and translation of which are provided with this office action) further in view of Machovina et al. (US 2021/0197014, hereinafter Machovina).
Regarding claim 8, Bloo teaches a resistance device, the resistance device comprising:
a housing (shells 1, 2) defining an inner cavity with an air inlet (air inlet 21) on a sidewall, wherein the sidewall comprises a protrusion (limiting plates 7) (Figs. 1, 2);
a resistance element (impeller 3) rotatably mounted within the inner cavity, wherein resistance of the resistance device is dependent upon airflow through the air inlet (Last paragraph on page 2 of the translation provided: “if it is necessary to increase the load in the moving process, the user only needs to rotate the shielding cover, the shielding cover does not shield the air inlet, so that the impeller in the rotating process, the external air can enter into the inner cavity of the front shell and the rear shell through the air inlet, increasing the impeller rotation of the wind resistance so that the impeller driven by the fitness equipment is difficult to rotate, so as to increase the load of the user using sports equipment.”); and
a component (shielding cover 4) movably connected to the sidewall, wherein the component comprises a guide surface (Annotated Fig. 1 below shows two guide surfaces on the indication part 42.), wherein interaction between the protrusion and the guide surface creates a variable air gap between the sidewall and the component to adjust the resistance of the resistance device (Fig. 3 shows the first guide surface interacting with the upper limiting plate 7 to create an air gap between the shielding cover 4 and the shell. The air gap is either opened or closed.).
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Bloo does not teach an exercise machine comprising a frame and the resistance device connected to the frame and operatively connected to a user input mechanism. Bloo teaches wherein the rotating shaft 5 is connected to a body-building equipment or a skiing machine (See the last paragraph of page 3 of the translation provided), but does not expressly teach or show a frame or a user input mechanism.
However, in a similar field of endeavor, Machovina teaches an exercise device (exercise assembly 10) comprising a resistance device connected to a frame and operatively connected to a user input mechanism (handle 26) (Fig. 9 shows the resistance device connected to a frame and a handle 26 to create a rowing machine.).
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 resistance device of Bloo by placing it on a frame of an exercise device and providing the handle and cable of Machovina. One of ordinary skill in the art would have been motivated to make this modification in order to provide “an exercise assembly structure to perform different rowing routines characterized [by] different rowing motions,” as suggested by Machovina (Abstract).
Regarding claim 9, the combination of Bloo and Machovina as discussed above with regards to claim 8 teaches the exercise machine of claim 8, wherein the user input mechanism may comprise a handle (handle 26) connected to the resistance element through a cable (connector members 32, 34) (Machovina: Figs. 1, 9).
Regarding claim 10, the combination of Bloo and Machovina as discussed above with regards to claim 8 teaches the exercise machine of claim 8, wherein the exercise machine is a rowing machine, an exercise bike, a skiing exercise machine, a climbing exercise machine, a stair-climbing machine, an elliptical exercise machine, a squat exercise machine, or a bench press exercise machine (Machovina describes and shows a rowing machine.).
Regarding claim 11, Bloo in view of Machovina teaches the exercise machine of claim 8, wherein the movable component (shielding cover 4) comprises a movable baffle with fins (ribs 41) that selectively cover openings on the sidewall to control airflow (Bloo: Fig. 2. Last paragraph on page 2 of the translation provided: “if it is necessary to increase the load in the moving process, the user only needs to rotate the shielding cover, the shielding cover does not shield the air inlet, so that the impeller in the rotating process, the external air can enter into the inner cavity of the front shell and the rear shell through the air inlet, increasing the impeller rotation of the wind resistance so that the impeller driven by the fitness equipment is difficult to rotate, so as to increase the load of the user using sports equipment.”).
Regarding claim 12, Bloo in view of Machovina teaches the exercise machine of claim 8, wherein the variable air gap has a width (Bloo: The air gaps created between the ribs 41 of the shielding cover 4 have widths.).
Bloo is silent to the dimension of the width and does not teach wherein the variable air gap has a width within a range of 0.1 mm and 4 mm. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Bloo to have a variable air gap with a width within a range of 0.1mm and 4mm, because the resistance device of Bloo would not operate differently with the claimed dimension and the shielding cover would function appropriately to restrict air flow into the resistance device, as desired by Bloo. Such modifications involve the mere optimization of a variable within a working range to yield predictable results which fail to distinguish the invention over the prior art (see MPEP 2144.05). Further, Applicant places no criticality on the specified dimension and simply recites “the gap 171 may have a width within a range of 0.1 mm and 2 mm, or within a range of 0.1 mm and 4 mm. It is contemplated the gap 171 may have a different width” (see Paragraph [0028] of the specification of the instant application).
Regarding claim 13, Bloo in view of Machovina teaches the exercise machine of claim 8, wherein the guide surface has a second region that is positioned a first distance from an inward facing surface of the component to a second outward facing surface of the second region, and a first region that is positioned a second distance from the inward facing surface of the component and a first outward facing surface of the first region, wherein the first distance is less than the second distance (Bloo: Annotated Fig. 1 above with regards to claim 8 shows the guide surfaces having a second region that is positioned closer to an inward facing surface of the shielding cover 4 than a first region. Fig. 2 shows the shielding cover 4 having a hole in the center comprising an inward facing surface.).
Regarding claim 14, Bloo in view of Machovina teaches the exercise machine of claim 13, wherein a ramped surface extends between the first region and the second region (Bloo: Annotated Fig. 1 above with regards to claim 8 shows the first and second regions having a ramped surface between them.).
Regarding claim 15, Bloo teaches a resistance device for an exercise machine comprising:
a housing comprising a first sidewall (rear shell 1), a second sidewall (front shell 2) opposite the first sidewall, and a third sidewall connecting the first sidewall and the second sidewall (Fig. 2 shows a third sidewall extending between the rear shell 1 and front shell 2 to connect the two sidewalls of the shells.), an inner cavity defined by the first sidewall, the second sidewall, and the third sidewall (Fig. 2),
the second sidewall comprising a second opening (air inlet 21) extending into the inner cavity that defines an air inlet (Fig. 2);
a resistance element (impeller 3) rotatably mounted within the inner cavity (Fig. 2);
a plurality of protrusions (limiting plates 7) extending from an outward facing surface of the second sidewall (Figs. 1, 2); and
a movable baffle (shielding cover 4) for controlling airflow into the inner cavity connected to the housing, wherein the movable baffle comprising a plurality of guide surfaces (Annotated Fig. 1 above with regards to claim 8 shows two guide surfaces on the indication part 42.); and
wherein a first guide surface of the plurality of guide surfaces is positioned to interact with a first protrusion of the plurality of protrusions to create an air gap between the movable baffle and the second sidewall (Fig. 3 shows the first guide surface interacting with the upper limiting plate 7 to create an air gap between the shielding cover 4 and the shell. The air gap is either opened or closed.).
Bloo does not teach a first opening located in the third sidewall, wherein the first opening is an air exhaust.
However, in a similar field of endeavor, Machovina teaches a resistance device for an exercise machine comprising: a housing (housing 12) comprising a first sidewall, a second sidewall opposite the first sidewall, and a third sidewall connecting the first sidewall and the second sidewall (Fig. 1 shows a first and second sidewall opposite each other with a third sidewall extending between and connecting the two.), an inner cavity (chamber 14) defined by the first sidewall, the second sidewall, and the third sidewall, a resistance element (resistance device 16) rotatably mounted within the inner cavity (Figs. 1-3), and a first opening (exhaust vents 56) located in the third sidewall, wherein the first opening is an air exhaust (Fig. 1. Para. [0057]: “air may pass into the interior 14′ of the air chamber 14 through vents 55 and exit the interior 14′ through the open and 53′ of the exhaust 53 and also through the exhaust vents 56.”).
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 housing of Bloo by including the exhaust vents of Machovina. One of ordinary skill in the art would have been motivated to make this modification in order to further regulate the air within the inner cavity “through the provision of an exhaust or exit,” as suggested by Machovina (Para. [0057]). Machovina teaches wherein “a closing of the vents 56 will result in more air being retained within the interior 14’. In contrast an opening of the vents 56 will result in a free flow of air through the interior 14’, assuming that the corresponding openings or apertures 52 and 54’ of the air intake 50 and air inlet 54 are at least partially aligned” (see Para. [0058]).
Regarding claim 19, Bloo in view of Machovina teaches the resistance device of claim 15, the first guide surface has a second region that is positioned a first distance from an inward facing surface of the movable baffle to a second outward facing surface of the second region, and a first region that is positioned a second distance from the inward facing surface of the movable baffle and a first outward facing surface of the first region, wherein the first distance is less than the second distance (Bloo: Annotated Fig. 1 above with regards to claim 8 shows the guide surfaces having a second region that is positioned closer to an inward facing surface of the shielding cover 4 than a first region. Fig. 2 shows the shielding cover 4 having a hole in the center comprising an inward facing surface.).
Regarding claim 20, Bloo in view of Machovina teaches the resistance device of claim 19, wherein a ramped surface extends between the first region and the second region (Bloo: Annotated Fig. 1 above with regards to claim 8 shows the first and second regions having a ramped surface between them.).
Allowable Subject Matter
Claims 1-7 would be allowable if rewritten or amended 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.
Claims 16-18 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: The prior art of record fails to disclose all of the structural and functional limitations of the claimed invention, further in view of the structures of the flange, protrusion, and guide surface, as required by claim 1; and the pocket for the first guide member, as required by claim 16.
Regarding claim 1, Bloo teaches a resistance device for an exercise machine comprising: a housing comprising a first sidewall (rear shell 1), a second sidewall (front shell 2) opposite the first sidewall, and a third sidewall connecting the first sidewall and the second sidewall (Fig. 2 shows a third sidewall extending between the rear shell 1 and front shell 2 to connect the two sidewalls of the shells.), an inner cavity defined by the first sidewall, the second sidewall, and the third sidewall (Fig. 2), the second sidewall comprising a second opening (air inlet 21), wherein the second opening defines an air inlet (Fig. 2); a resistance element (impeller 3) located within the housing, wherein the resistance element rotates within the housing to create resistance for a user (Fig. 3); a fixed baffle (fixing ribs and first ribs 25, 22) connected to the housing, wherein the fixed baffle comprises a first plurality of openings, wherein the first plurality of openings allow an amount of air into the inner cavity (Fig. 2); a movable baffle (shielding cover 4) that is rotationally connected to the second sidewall, the movable baffle comprising an inner member that includes a plurality of fins (ribs 41) and a second plurality of openings (Fig. 2).
Bloo fails to teach wherein the second sidewall comprises a recess that has a flange spaced below and away from an outer surface of the second sidewall, the second opening extending through the flange into the inner cavity; the flange comprising a protrusion extending outward from an outward facing surface; the inner member of the movable baffle including an outer flange located outboard of the plurality of fins, wherein the inner member comprises a guide surface; and wherein the protrusion contacts the guide surface to create a gap between the inner member and the flange to adjust an amount of air allowed to enter the inner cavity and adjust the resistance for the user.
Claims 2-7 depend from claim 1.
Regarding claim 16, Bloo teaches the resistance device of claim 15, wherein the first guide surface is located on a first guide member (indication part 42) (Fig. 1).
Bloo fails to teach wherein the first guide member is received in a pocket located on an inward facing surface of the movable baffle.
Claims 17-18 depend from claim 16.
Conclusion
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
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