DETAILED ACTION
This is the First Office Action on the Merits based on the 19/566,446 application filed on 03/13/2026 and which claims as originally filed have been considered in the ensuing 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
The instant application is a continuation of application 19/094,110 filed on 03/29/2024 now US Patent 12,576,299, which claims priority to a provisional filed 03/29/2024. Accordingly, the instant application has priority to 03/29/2024.
Election/Restrictions
Claims 5-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/21/2026.
The Applicant elected Species 6 (Fig. 16A-16G), with traverse. The Examiner notes that the descriptions used in the election of species are simply basic descriptions of the drawings filed to distinguish between various species, and the descriptions used need not be claimed for the election to be valid. In this instance, the different structural or functional limitations are claimed (such as the resistance mechanisms), however that was not detailed in the election, nor is it a requirement for the election of species to detail each and every difference between species. Each species would require a different search and consideration, as the species have different limitation and not all art can be applied equally. The election has been maintained and is made final.
Further, claims 12-13 and 17 are also withdrawn as claiming a sensor, which is only disclosed in Species 1.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/14/2026 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. The Examiner notes that the translations and non-patent literature can be found in the parent application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the audio output device must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 10-11 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.
Regarding claim 10, the limitation of “a base” on line 2 lacks clarity as a base has already been claimed in claim 1, upon which claim 10 depends.
Regarding claim 11¸the limitations of “a first icon” on line 6 and “a second icon” on line 8 each appear twice and therefore lack clarity.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 14 of U.S. Patent No. 12,576,299. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Instant application 19/566,446
US Patent 12,576,299
Claim
Limitation
Claim
Limitation
1
An exercise and therapy device comprising :a base; a support coupled to the base; a first roller extending away from the support; a second roller extending away from the support; a first resistance configured to selectively inhibit rotation of the first roller; and a second resistance configured to selectively inhibit rotation of the second roller; wherein the first roller and the second roller are rotatable independently of each other; and the first resistance and the second resistance are independently adjustable to separately modify a first force required to rotate the first roller and a second force required to rotate the second roller.
1
An exercise and therapy device comprising: a base; a housing coupled to the base; a first shaft extending from a first side of the housing; a second shaft extending from a second side of the housing opposite the first side of the housing, the second shaft being coaxial with the first shaft; a first roller coupled to the first shaft such that a rotation of the first roller causes an equal and simultaneous rotation of the first shaft; a second roller coupled to the second shaft such that a rotation of the second roller causes an equal and simultaneous rotation of the second shaft; a first resistance that selectively impedes the rotation of the first roller; and a second resistance that selectively impedes the rotation of the second roller; wherein: the first and second shafts are configured to each be rotated in either a clockwise or a counter-clockwise direction; the first shaft is rotatable independently of the second shaft and the second shaft is rotatable independently of the first shaft; the first resistance is adjustable such that increasing the first resistance increases a force required to rotate the first roller and decreasing the first resistance decreases the force required to rotate the first roller; the second resistance is adjustable such that increasing the second resistance increases a force required to rotate the second roller and decreasing the second resistance decreases the force required to rotate the second roller; and the first resistance and the second resistance are independently adjustable.
2
a first shaft coupled to the support and the first roller, the first shaft configured to rotate with the first roller; and a second shaft coupled to the support and the second roller, the second shaft configured to rotate with the second roller; wherein the first resistance selectively inhibits rotation of the first shaft to selectively resist rotation of the first roller, and the second resistance selectively inhibits rotation of the second shaft to selectively resist rotation of the second roller.
1
See claim 1 above
3
a first friction member configured to create a first frictional force resisting rotation of the first roller; and a second friction member configured to create a second frictional force resisting rotation of the second roller;wherein the first resistance comprises the first frictional force, and the second resistance comprises the second frictional force.
2
a first friction member configured to exert a first frictional force on the first shaft; and a second friction member configured to exert a second frictional force on the second shaft;
4
the first frictional force is adjustable such that increasing the first frictional force increases the first resistance and decreasing the first frictional force decreases the first resistance, the second frictional force is adjustable such that increasing the second frictional force increases the second resistance and decreasing the second frictional force decreases the second resistance, and the first frictional force and the second frictional force are independently adjustable.
2
wherein: the first frictional force is adjustable such that increasing the first frictional force increases the first resistance and decreasing the first frictional force decreases the first resistance; the second frictional force is adjustable such that increasing the second frictional force increases the second resistance and decreasing the second frictional force decreases the second resistance; and the first frictional force and the second frictional force are independently adjustable.
18
A method for exercising at least a user's lower legs comprising: rotating a first roller about a first axis extending through an axial centerline of the first roller, wherein a rotation of the first roller about the first axis is resisted by a first adjustable frictional force; and rotating a second roller about a second axis extending through an axial centerline of the second roller, wherein a rotation of the second roller about the second axis is resisted by a second adjustable frictional force, wherein the first axis and the second axis are coaxial, and the second adjustable frictional force is not equal to the first adjustable frictional force.
14
A method for exercising at least a user's lower legs, comprising: applying a first force to a first roller to rotate the first roller about a first axis extending through an axial centerline of the first roller, wherein a rotation of the first roller about the first axis extending through the axial centerline of the first roller is resisted by a first resistance force; applying a second force to rotate a second roller about a second axis extending through an axial centerline of the second roller, wherein a rotation of the second roller about the second axis extending through the axial centerline of the second roller is resisted by a second resistance force; wherein the first axis and the second axis are coaxial; and increasing the first resistance force independently of the second resistance force to increase a force required to rotate the first roller about the first axis extending through the axial centerline of the first roller without changing the second resistance force.
Claim Rejections - 35 USC § 102
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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 2010/0029449).
Regarding claim 1:
Kim discloses an exercise and therapy device comprising: a base (12); a support (40a,b) coupled to the base; a first roller (50a) extending away from the support; a second roller (50b) extending away from the support; a first resistance (58a) configured to selectively inhibit rotation of the first roller; and a second resistance (58b) configured to selectively inhibit rotation of the second roller; wherein the first roller and the second roller are rotatable independently of each other (see Fig. 1); and the first resistance and the second resistance are independently adjustable to separately modify a first force required to rotate the first roller and a second force required to rotate the second roller (the springs can be replaced independently of each other or be independently disconnected from the device).
Regarding claim 2:
Kim discloses a first shaft (48a) coupled to the support and the first roller, the first shaft configured to rotate with the first roller (see Fig. 3); and a second shaft (48b) coupled to the support and the second roller, the second shaft configured to rotate with the second roller (see Fig. 3); wherein the first resistance selectively inhibits rotation of the first shaft to selectively resist rotation of the first roller, and the second resistance selectively inhibits rotation of the second shaft to selectively resist rotation of the second roller (see Fig .3).
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baumler et al (US 2019/0329083).
Regarding claim 1:
Baumler teaches an exercise and therapy device comprising: a base (119); a support (110) coupled to the base; a first roller (front wheel 131, the wheel extends away from the base through the front axle) extending away from the support; a second roller (back wheel 131, the wheel extends away from the base through the rear axle) extending away from the support; a first resistance (resistance 201) configured to selectively inhibit rotation of the first roller; and a second resistance (resistance 202) configured to selectively inhibit rotation of the second roller; wherein the first roller and the second roller are rotatable independently of each other (the wheels are capable of independent rotation and have independent resistances); and the first resistance and the second resistance are independently adjustable to separately modify a first force required to rotate the first roller and a second force required to rotate the second roller (“Separate braking mechanisms 201 and 202 can be provided for each wheel 130 or each axle 120, and is preferred when the sled 100 is designed with push handles 140 at each end 101 and 102 for bidirectional resistive travel. ” see paragraph [0041]).
Regarding claim 2:
Baumler et al disclose a first shaft (front axle) coupled to the support and the first roller, the first shaft configured to rotate with the first roller; and a second shaft (rear axle) coupled to the support and the second roller, the second shaft configured to rotate with the second roller; wherein the first resistance selectively inhibits rotation of the first shaft to selectively resist rotation of the first roller, and the second resistance selectively inhibits rotation of the second shaft to selectively resist rotation of the second roller (see rejection of claim 1).
Regarding claim 3:
Baumler et al disclose a first friction member configured to create a first frictional force resisting rotation of the first roller; and a second friction member configured to create a second frictional force resisting rotation of the second roller; wherein the first resistance comprises the first frictional force, and the second resistance comprises the second frictional force (“Many types of resistance devices are known such as braking motors, generators, brushless generators, eddy current systems, magnetic systems, alternators, tightenable belts, friction rollers, fluid brakes, etc., any of which could be effectively utilized in the present invention. A braking mechanism capable of providing progressive resistance based upon acceleration or speed of travel is generally preferred.” See paragraph [0041]; friction brakes require a frictional member).
Regarding claim 4:
Baumler et al disclose the first frictional force is adjustable such that increasing the first frictional force increases the first resistance and decreasing the first frictional force decreases the first resistance, the second frictional force is adjustable such that increasing the second frictional force increases the second resistance and decreasing the second frictional force decreases the second resistance, and the first frictional force and the second frictional force are independently adjustable (“Many types of resistance devices are known such as braking motors, generators, brushless generators, eddy current systems, magnetic systems, alternators, tightenable belts, friction rollers, fluid brakes, etc., any of which could be effectively utilized in the present invention. A braking mechanism capable of providing progressive resistance based upon acceleration or speed of travel is generally preferred.” See paragraph [0041]; friction brakes increasing the frictional force increases the frictional resistance and vice versa).
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2010/0029449) in view of Timmer (US 6,811,523). Kim discloses the device as substantially claimed above.
Regarding claim 11:
Kim fails to distinctly disclose an outer surface of the first roller comprises a first visual identifier; an outer surface of the second roller comprises a second visual identifier, the second visual identifier being visually distinct from the first visual identifier; the first visual identifier comprises at least one of: a first color, a first pattern, a first icon, a first surface texture, a first icon, or any combination thereof; and the second visual identifier comprises at least one of: a second color, a second pattern, a second icon, a second surface texture, a second icon, or any combination thereof.
Timmer teaches a lower extremity exercise device having a color coding system comprising color indica such that one color is used for the right foot and one color is used for the left foot (see column 4 lines 26-33).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim to include color indicia indicating left and right sides corresponding to the left and right lower extremities of the user, as taught by Timmer to indicate the best use mode.
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Baumler et al (US 2019/0329083) in view of Zhi-liang Bi (CN 107736982). Baumler discloses the device as substantially claimed above.
Regarding claims 14-16:
Baumler et al fails to disclose an audio output device configured to emit one or more audio prompts comprising audible instructions for using the exercise and therapy device (claim 14), the audio output device is configured to emit one or more audio prompts according to a predetermined prompt sequence independently of any rotation of the first roller or the second roller (claim 15) and the audio output device is configured to emit one or more audio prompts in response to detected rotation of the first roller or the second roller (claim 16).
Zhi-liang Bi teaches an exercise apparatus that has an audio player configured to emit prompts to encourage certain exercises (see attached translation), both in response to rotation of the axle and without rotation of the axle (“The prompt can be: left-side needs to oiling, similar prompt "right needed" and so on, for setting according to the play controller 6 of the voice prompt, the voice player 7 is the memory of the loudspeaker, a speed sensor 5, which is fixed on the rotating shaft 2. second rotating speed for detecting front half ring of the rotating shaft 2 of the first rotating speed and the back half ring, and output first rotating speed detecting signal and the second speed detecting signal, the controller 6 is coupled to the speed sensor 5. for receiving and responding to the first rotating speed detecting signal and the second speed detecting signal to control the voice player 7; and when the first speed detection signal is greater than or less than the second rotational speed detection signal, the controller 6 sends the playing signal to the audio player 7 for playing the corresponding voice prompt. controller 6 of the invention is composed of single-chip as the core control circuit.”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baumler et al to include an audio output device that communicates prompts to the user in response to the movement of the device and to give feedback regarding exercise, as taught by Zhi-liang Bi as audio output devices with prompts are well known in the art.
Allowable Subject Matter
Claims 7-9 and 19-20 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.
Claim 10 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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.
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/Megan Anderson/Primary Examiner, Art Unit 3784
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