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 Objections
Claim 17 is objected to because of the following informalities: the phrase “wherein the housing” in line 1, needs to be changed to “wherein each of the housings”. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: the phrase “wherein the coupling plate” in line 1, needs to be changed to “wherein the coupling plate of each of the housings”. Appropriate correction is required.
Claim 19 is objected to because of the following informalities: the phrase “wherein the housing” in line 1, needs to be changed to “wherein each of the housings”. 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 15 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 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 15, lines 2-3 recites: “the baseplate forms barriers on the baseplate, the barriers are configured to positioning the two weight assemblies to the baseplate”. However, it is unclear how the baseplate forms barriers on itself. Furthermore, it is unclear how the barriers position the two weight assemblies to the baseplate. In other words, it is unclear how such function of positioning the two weight assemblies to the baseplate is performed by the barriers. Further clarification and appropriate corrections are respectfully requested.
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.
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (WO 2017024611A1, a copy of translation of this document has been provided with this Office Action. The cited paragraphs below are with respect to the translation copy).
Regarding claim 1, Wang discloses a fitness apparatus comprising:
a handle (12, Figs. 1-2, 8 and 9-1, ¶ [25]); and
a weight assembly comprising:
a housing (11) fixedly connected to the handle (Figs. 1-2, 8 and 9-1, ¶ [25]);
a pin (2) movably connected to the housing (Figs. 1-2, 8 and 9-1, ¶ [26); and
a plurality of weights (5, Figs. 2 and 8),
wherein when the plurality of weights are arranged in stack and accommodated in the housing (Figs. 2, 8, 9-1 and 9-2, ¶ [25]), the pin is configured for selectively positioning a weight of the plurality of weights to the housing, and when the housing is lifted by the handle, the weight and weights of the plurality of weights above the weight are lifted therewith (Figs. 2, 8, 9-1 and 9-2, ¶ [34]-[35]).
Regarding claim 7, Wang discloses wherein each of the plurality of weights (5) comprises a positioning recess (16, Figs. 3-1 and 3-2, ¶ [32]) and a positioning projection (17) on opposite sides of the weight (Fig. 3-2, ¶ [32]), the positioning projection (17) of one weight of the plurality of weights is insertable into the positioning recess (16) of an adjacent weight of the plurality of weights to align each pair of adjacent weights of the plurality of weights in a stacked arrangement (Figs. 2 and 8, ¶ [32]).
Claims 1, 3 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olsen (US 2022/0249899 A1).
Regarding claim 1, Olsen teaches a fitness apparatus comprising:
a handle (i.e., 60, 132, 188, Figs. 1, 9, 15 and 24, ¶ [51]); and
a weight assembly (i.e. 34, Fig. 1) comprising:
a housing (40 with 42 and 62 in Fig. 1, also see embodiments shown in Figs. 15 and 24 comprising same components) fixedly connected to the handle (Figs. 1, 15 and 24);
a pin (i.e., 36 in Fig. 3, 134 in Fig. 18, 160 in Fig. 27) movably connected to the housing (Figs. 9-10, 13-14, 18, 20, 23, and 27-28); and
a plurality of weights (12 in Figs. 2 and 12, 90 in Fig. 18, 150 in Fig. 25),
wherein when the plurality of weights are arranged in stack and accommodated in the housing (Figs. 5-7, 9-10, 13-14, 18-19, 23, 25, and 27-28), the pin is configured for selectively positioning a weight of the plurality of weights to the housing, and when the housing is lifted by the handle, the weight and weights of the plurality of weights above the weight are lifted therewith (Figs. 5-7, 9-10, 13-14, 18-19, 23, 25, and 27-28).
Regarding claim 3, Olsen discloses wherein the housing comprises a coupling plate (40/42 in Fig. 1, also see embodiments shown Figs. 15 and 24 comprising same components), each of the plurality of weights comprises a coupling slot (18 in Fig. 2, also see other embodiments shown in the rest of the Figures comprising same components), the coupling plate is insertable into the coupling slots of the plurality of weights arranged in stack (Figs. 6-7, 9-10, 13-14, 18-19, 23, and 27-28), the coupling plate comprises a plurality of first pin holes (64 in Figs. 1 and 6, 184 in Fig. 24, also see embodiment shown in Fig. 15 comprising the same components), each of the plurality of weights comprises a second pin hole (66 in Fig. 2, 180 in Figs. 25-26), the pin is insertable into the second pin hole of a selected weight of the plurality of weights and a corresponding first pin hole of the plurality of first pin holes that is aligned with the second pin hole to position the selected weight to the housing (Figs. 8-10 and 27-28).
Regarding claim 7, Olsen discloses wherein each of the plurality of weights comprises a positioning recess (80 in Fig. 12, 168 in Fig. 26) and a positioning projection (76 in Fig. 12, 172 in Fig. 26) on opposite sides of the weight (Figs. 12 and 26), the positioning projection of one weight of the plurality of weights is insertable into the positioning recess of an adjacent weight of the plurality of weights to align each pair of adjacent weights of the plurality of weights in a stacked arrangement (Figs. 12-14 and 25-28).
Claim 8 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Towley, III et al. (US 2004/0162197 A1, hereinafter referred to as “Towley”).
Regarding claim 8, Towley discloses a fitness apparatus comprising:
a handle (4) comprising a first end and a second end (Figs. 1-2); and
two weight assemblies (8 along with 46 on each side is considered a weight assembly) respectively fixed to the first end and the second end (Fig. 1), wherein each of the two weight assemblies comprises:
a housing (8 along with (a) as shown in Fig. 1 below) fixedly connected to the first end or the second end (Figs. 1, 3 and 6-7);
a pin (52) movably connected to the housing (Fig. 2, ¶ [43]); and
a plurality of weights (48, Figs. 1-2, ¶ [42]-[43]),
when the plurality of weights are arranged in stack and accommodated in the housing, the pin is configured for selectively positioning a weight of the plurality of weights to the housing, and when the housing is lifted by the handle, the weight and weights of the plurality of weights above the weight are lifted therewith (Figs. 1-2, ¶ [41]-[44]).
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(8 with (a) make the housing))]
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Claim 8 is also rejected under 35 U.S.C. 102(a)(1) as anticipated by Krull (US 6,896,645 B1).
Regarding claim 8, Krull discloses a fitness apparatus comprising:
a handle (320 in Fig. 1, 420 in Fig. 4, 520 in Fig. 5) comprising a first end and a second end (Figs. 1 and 8-9); and
two weight assemblies respectively fixed to the first end and the second end (Figs. 1 and 8-9), wherein each of the two weight assemblies comprises:
a housing (310, 410, 510) fixedly connected to the first end or the second end (Figs. 1 and 8-9);
a pin (330, 433, 530) movably connected to the housing (Figs. 1 and 8-9); and
a plurality of weights (340, 440, 540, Figs. 1 and 8-9),
when the plurality of weights are arranged in stack and accommodated in the housing (Figs. 1 and 8-9), the pin is configured for selectively positioning a weight of the plurality of weights to the housing, and when the housing is lifted by the handle, the weight and weights of the plurality of weights above the weight are lifted therewith (Figs. 1 and 8-9).
Claim Rejections - 35 USC § 103
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claim 1 above, and further in view of Chen (US 10,166,429 B2).
Regarding claim 2, Wang teaches wherein a first mounting hole (as shown in Fig. 8 below, inside which a first screw is inserted) and a second mounting hole (as shown Fig. 8 below, inside which a second screw is inserted) are formed on an exterior surface of the housing (Figs. 5-1 and 8), the handle comprises a first end (as shown in Fig. 8 below) and a second end (as shown in Fig. 8 below), the first end is connected at the first mounting hole and fixed to the housing (Figs. 5-1 and 8, ¶ [25]), the second end is connected at the second mounting hole and fixed to the housing (Figs. 5-1 and 8, ¶ [25]).
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Wang is silent about the first end and the second end of the handle being inserted into the first and the second mounting holes, respectively.
Regarding claim 2, Chen teaches a fitness apparatus comprising: a handle (11, Fig. 1); and a weight assembly comprising: a housing (10/12, Figs. 1 and 7-8) and a plurality of weights (30, 40, 50, 60, Figs. 7-8), wherein a first mounting hole (as shown in Fig. 8 below) and a second mounting hole (as shown in Fig. 8 below) are formed on an exterior surface of the housing (see 1-2 and 7-8), the handle (11) comprises a first end (as shown in Fig. 8 below) and a second end (as shown in Fig. 8 below), the first end is inserted into the first mounting hole and fixed to the housing, the second end is inserted into the second mounting hole and fixed to the housing (Figs. 7-8, also see Fig. 8 shown below).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang’s invention such that the first end and the second end of the handle being inserted into the first and the second mounting holes, respectively, as taught by Chen in order to provide for a more secure attachment of the handle to the weight assembly and thereby provide a safer apparatus, especially when the weight assembly comprises heavy weights.
Claims 9 and 14 rejected under 35 U.S.C. 103 as being unpatentable over Towley as applied to claim 8 above, and further in view of Olsen (US 2022/0249899 A1).
Regarding claim 9, Towley teaches wherein the housing comprises a coupling plate (each (a) as shown in Fig. 1 above), each of the plurality of weights comprises a coupling slot (slot formed by plates 54 and rails 56, Fig. 3, ¶ [42]), the coupling plate is insertable into the coupling slots of the plurality of weights arranged in stack (Figs. 1-2).
Towley is silent about the coupling plate comprises a plurality of first pin holes, each of the plurality of weights comprises a second pin hole, the pin is insertable into the second pin hole of a selected weight of the plurality of weights and a corresponding first pin hole of the plurality of first pin holes that is aligned with the second pin hole to position the selected weight to the housing, wherein each of the plurality of weights comprises a positioning recess and a positioning projection on opposite sides of the weight, the positioning projection of one weight of the plurality of weights is insertable into the positioning recess of an adjacent weight of the plurality of weights to align each pair of adjacent weights of the plurality of weights in a stacked arrangement.
Regarding claim 9, Olsen teaches a weight assembly comprising: a housing (40 with 42 and 62 in Fig. 1), a pin (i.e., 36 in Fig. 3) movably connected to the housing (Figs. 9-10 and 13-14,); and a plurality of weights (12 in Figs. 2 and 12), wherein the housing comprises a coupling plate (40/42, Fig. 1), each of the plurality of weights comprises a coupling slot (18 in Fig. 2), the coupling plate is insertable into the coupling slots of the plurality of weights arranged in stack (Figs. 6-7, 9-10 and 13-14), the coupling plate comprises a plurality of first pin holes (64 in Figs. 1 and 6), each of the plurality of weights comprises a second pin hole (66 in Fig. 2), the pin is insertable into the second pin hole of a selected weight of the plurality of weights and a corresponding first pin hole of the plurality of first pin holes that is aligned with the second pin hole to position the selected weight to the housing (Figs. 8-10).
Regarding claim 14, Olsen teaches wherein each of the plurality of weights comprises a positioning recess (80 in Fig. 12) and a positioning projection (76 in Fig. 12) on opposite sides of the weight (Fig. 12), the positioning projection of one weight of the plurality of weights is insertable into the positioning recess of an adjacent weight of the plurality of weights to align each pair of adjacent weights of the plurality of weights in a stacked arrangement (Figs. 12-14).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Towley’s invention such that the coupling plate comprises a plurality of first pin holes, each of the plurality of weights comprises a second pin hole, the pin is insertable into the second pin hole of a selected weight of the plurality of weights and a corresponding first pin hole of the plurality of first pin holes that is aligned with the second pin hole to position the selected weight to the housing, wherein each of the plurality of weights comprises a positioning recess and a positioning projection on opposite sides of the weight, the positioning projection of one weight of the plurality of weights is insertable into the positioning recess of an adjacent weight of the plurality of weights to align each pair of adjacent weights of the plurality of weights in a stacked arrangement, as taught by Olsen in order to provide for a more secure attachment of the selected weights together during exercise and prevent a user from potential harm and the provide for further models/variations of the apparatus to attract wider range of consumers/users.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Krull as applied to claim 8 above, and further in view of Ming (DE 202005003755 U1).
Regarding claim 15, Krull teaches the apparatus further comprising a base (350, 450, 550), wherein the base comprises a baseplate (350, 450, 550), the baseplate is configured for supporting the two weight assemblies (Figs. 1 and 8-9).
Krull is silent about the baseplate forms barriers on the baseplate, the barriers are configured for positioning the two weight assemblies to the baseplate.
Regarding claim 15, Ming teaches a fitness apparatus comprising a base that comprises a baseplate (10, Figs. 1-2), the baseplate forms barriers (11, 12) on the baseplate (Figs. 1-2), the barriers are configured for positioning two weight assemblies to the baseplate (Figs. 1-2, please note that upon modification of Krull’s invention with features of Ming, the barriers (as taught by Mind) would position the two weight assemblies (as taught by Krull) to the baseplate).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Krull’s invention wherein the baseplate forms barriers on the baseplate, the barriers are configured for positioning the two weight assemblies to the baseplate, as taught by Ming in order to keep the weights on each side separated and provide a support and storage for the non-selected weights.
Claims 16-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Towley, III et al. (US 2004/0162197 A1, hereinafter referred to as “Towley”) in view of Mehrang et al. (US 2022/0184443A1).
Regarding claim 16, Towley teaches a fitness apparatus comprising:
a handle comprising a first rod (4) having a first end and a second end (Figs. 1-2); and
two weight assemblies (8 along with 46 on each side is considered a weight assembly) respectively fixed to the first end and the second end (Fig. 1), wherein each of the two weight assemblies comprises:
a housing (8 along with (a) as shown in Fig. 1 below) fixedly connected to the first end or the second end (Figs. 1, 3 and 6-7);
a pin (52) movably connected to the housing (Fig. 2, ¶ [43]); and
a plurality of weights (48, Figs. 1-2, ¶ [42]-[43]),
when the plurality of weights are arranged in stack and accommodated in the housing, the pin is configured for selectively positioning a weight of the plurality of weights to the housing, and when the housing is lifted by the handle, the weight and weights of the plurality of weights above the weight are lifted therewith (Figs. 1-2, ¶ [41]-[44]).
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Towley is silent about the handle further comprising a second rod, the first rod and the second rod detachably connected, wherein an end of the first rod away from the second rod is defined as a first end, an end of the second rod away from the first rod is defined as a second end, wherein the two weight assemblies fixed to the first end and the second end.
Regarding claim 16, Mehrang teaches a fitness apparatus comprising: a handle comprising a first rod (4, in Fig. 62) and a second rod (5.1 in Fig. 62) detachably connected (Fig. 62), wherein an end of the first rod away from the second rod is defined as a first end (the end of 4 towards 1 on the right in Fig. 62), an end of the second rod away from the first rod is defined as a second end (the end of 5.1 towards 1 on the left in Fig. 62), wherein two weight assemblies (1 with 2.1 on the right and the left in Fig. 62) fixed to the first end and the second end (Fig. 62).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Towley’s invention such that the handle further comprises a second rod, the first rod and the second rod detachably connected, wherein an end of the first rod away from the second rod is defined as a first end, an end of the second rod away from the first rod is defined as a second end, wherein the two weight assemblies fixed to the first end and the second end, as taught by Mehrang in order to accommodate user’s of different build, and enable wider range of exercises to be performed by a user using the apparatus.
Claim 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Towley in view of Mehrang as applied to claim 16 above, and further in view of Olsen (US 2022/0249899 A1).
Regarding claim 17, Towley in view of Mehrang teaches wherein the housing comprises a coupling plate (each (a) as shown in Fig. 1 above), each of the plurality of weights comprises a coupling slot (slot formed by plates 54 and rails 56, Fig. 3, ¶ [42]), the coupling plate is insertable into the coupling slots of the plurality of weights arranged in stack (Figs. 1-2).
Towley in view of Mehrang is silent about the coupling plate comprises a plurality of first pin holes, each of the plurality of weights comprises a second pin hole, the pin is insertable into the second pin hole of a selected weight of the plurality of weights and a corresponding first pin hole of the plurality of first pin holes that is aligned with the second pin hole to position the selected weight to the housing, wherein each of the plurality of weights comprises a positioning recess and a positioning projection on opposite sides of the weight, the positioning projection of one weight of the plurality of weights is insertable into the positioning recess of an adjacent weight of the plurality of weights to align each pair of adjacent weights of the plurality of weights in a stacked arrangement.
Regarding claim 17, Olsen teaches a weight assembly comprising: a housing (40 with 42 and 62 in Fig. 1), a pin (i.e., 36 in Fig. 3) movably connected to the housing (Figs. 9-10 and 13-14,); and a plurality of weights (12 in Figs. 2 and 12), wherein the housing comprises a coupling plate (40/42, Fig. 1), each of the plurality of weights comprises a coupling slot (18 in Fig. 2), the coupling plate is insertable into the coupling slots of the plurality of weights arranged in stack (Figs. 6-7, 9-10 and 13-14), the coupling plate comprises a plurality of first pin holes (64 in Figs. 1 and 6), each of the plurality of weights comprises a second pin hole (66 in Fig. 2), the pin is insertable into the second pin hole of a selected weight of the plurality of weights and a corresponding first pin hole of the plurality of first pin holes that is aligned with the second pin hole to position the selected weight to the housing (Figs. 8-10).
Regarding claim 20, Olsen teaches wherein each of the plurality of weights comprises a positioning recess (80 in Fig. 12) and a positioning projection (76 in Fig. 12) on opposite sides of the weight (Fig. 12), the positioning projection of one weight of the plurality of weights is insertable into the positioning recess of an adjacent weight of the plurality of weights to align each pair of adjacent weights of the plurality of weights in a stacked arrangement (Figs. 12-14).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Towley’s invention in view of Mehrang such that the coupling plate comprises a plurality of first pin holes, each of the plurality of weights comprises a second pin hole, the pin is insertable into the second pin hole of a selected weight of the plurality of weights and a corresponding first pin hole of the plurality of first pin holes that is aligned with the second pin hole to position the selected weight to the housing, wherein each of the plurality of weights comprises a positioning recess and a positioning projection on opposite sides of the weight, the positioning projection of one weight of the plurality of weights is insertable into the positioning recess of an adjacent weight of the plurality of weights to align each pair of adjacent weights of the plurality of weights in a stacked arrangement, as taught by Olsen in order to provide for a more secure attachment of the selected weights together during exercise and prevent a user from potential harm and the provide for further models/variations of the apparatus to attract wider range of consumers/users.
Allowable Subject Matter
Claims 4-6, 10-13 and 18-19 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:
With respect to claims 4, 10 and 18, the prior art references of record (as cited above), fail to disclose, teach or render obvious a fitness apparatus, with all the structural components and functional limitations, as detailed in the respective independent claim and dependent claims that they each depend from and further comprise a rail groove, each of the plurality of weights further comprises a protrusion in the coupling slot, the protrusion is insertable into the rail groove and slidable along the rail groove.
With respect to claims 5, 11 and 19, the prior art references of record (as cited above), fail to disclose, teach or render obvious a fitness apparatus, with all the structural components and functional limitations, as detailed in the respective independent claim and dependent claims that they each depend from and further comprise a roof and a sidewall perpendicular to each other, and the coupling plate is perpendicularly fixed to the roof and the sidewall, the sidewall extends laterally to form two flanges, each of the two flanges is shaped to conform to an outer profile of a stack of the plurality of weights.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2019/0344114 A1 to Tran et al. (pertinent to claim 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
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/SHILA JALALZADEH ABYANEH/ Primary Examiner, Art Unit 3784
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