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`V i$ T {a
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`A
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`16/171,050
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`10/25/2018
`
`Marlo THOMAS
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`4097.0010001
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`7967
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, NW.
`WASHINGTON, DC 20005
`
`LEE JOSHUA S
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`PAPER NUMBER
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`ART UNIT
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`3784
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`NOTIFICATION DATE
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`DELIVERY MODE
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`03/10/2020
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`e-offiee @ sternekessler. com
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
`
`Application No.
`16/171,050
`Examiner
`JOSHUA 8 LEE
`
`Applicant(s)
`THOMAS, Marlo
`Art Unit
`AIA (FITF) Status
`3784
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 10/25/2018.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
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`
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`[:1 Claim(s) _ is/are allowed.
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`Claim(s) fl is/are rejected.
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`Claim(s) 10—16 and 18—20 is/are objected to.
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`) ) ) )
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`)
`are subject to restriction and/or election requirement
`C] Claim(s
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`httpfiwww.”smogovmatentsflnit_events[pph[index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 10/25/2018 is/are: a). accepted or b)D objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:i All
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`b)C] Some**
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`c)[j None of the:
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`1C] Certified copies of the priority documents have been received.
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`2E] Certified copies of the priority documents have been received in Application No.
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`3C] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date see attached.
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20200305
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`

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`Application/Control Number: 16/171,050
`Art Unit: 3784
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Information Disclosure Statements
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`The information disclosure statements (IDS) submitted on 10/29/2018 are in compliance
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`with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are
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`being considered by the examiner.
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`Claim Objection
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`Claim 10 is objected to because of the following informality:
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`ln claim 10 last line, “band
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`should be changed to --band.--.
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 1 12
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`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.
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`Claims 7-16 and 18-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly claim the
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`subject matter which the inventor or ajoint inventor, or for pre-AIA the applicant regards as the
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`invention.
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`

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`Application/Control Number: 16/171,050
`Art Unit: 3784
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`Page 3
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`Claim 7 recites the limitation "the second base" in line 3. There is insufficient antecedent
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`basis for this limitation in the claim. The Office suggests changing “the second base” to --the
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`front base-- to correct this issue.
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`Claim Rejections - 35 USC § 102
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
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`(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.
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`Claims 1-9 and 17 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by
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`US 7,611,450 (Mancini).
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`Regarding claim 1, Mancini discloses an exercise chair (FIGS. 1-9), comprising:
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`a rear frame (see annotated FIG. 1 below);
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`a seat frame (see annotated FIG. 1 below), pivotably connected to the rear frame (the
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`rear and seat frames are pivotably connected to each other as shown in FIGS. 7-9);
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`a seat 40 (foot anchor 40 can be interpreted as a seat for the foot - FIG. 4), pivotably
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`connected to the rear frame and to the seat frame (the foot anchor 40 can swivel down as
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`shown in FIG. 4, thus being pivotally connected to the rear frame and to the seat frame via
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`

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`Application/Control Number: 16/171,050
`Art Unit: 3784
`
`Page 4
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`intermediary components - Col 3:58-64; note that all components in the device are connected to
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`each other either directly or via intermediary components, the latter being the case);
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`a back 14 connected to the rear frame (FIG. 1);
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`a base connected to one of the rear frame and the seat frame (see annotated FIG. 1
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`below);
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`a cross beam 26 connected to the rear frame (FIG. 1);
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`a first resistance band 30 connected to the cross beam 26 at one end of the first
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`resistance band (FIG. 1); and
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`a second resistance band 30 connected to the base (at attachment zone 38 - FIG. 2) at
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`one end of the second resistance band (FIGS. 1-2).
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`' 36
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`(rear frame
`\\\;
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`

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`Application/Control Number: 16/171,050
`Art Unit: 3784
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`Page 5
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`Regarding claim 2, Mancini teaches the exercise chair of claim 1, and further discloses
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`wherein the base is connected to the seat frame (see annotated FIG. 1 above; note that all
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`components in the device are connected to each other either directly or via intermediary
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`components).
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`Regarding claim 3, Mancini teaches the exercise chair of claim 2, and further discloses a
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`front base 28 connected to the rear frame (see annotated FIG. 1 above; note that all
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`components in the device are connected to each other either directly or via intermediary
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`components).
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`Regarding claim 4, Mancini teaches the exercise chair of claim 3, and further discloses
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`wherein the exercise chair is configured to pivot such that the base 28 and the front base are
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`adjacent to each other when the exercise chair is in a folded configuration (the exercise chair is
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`in a folded configuration as shown in FIG. 9; when in the folded configuration and when the
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`adjustable T-bar foot member 28 is collapsed to the shortest position length-wise, the T-bar foot
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`member 28 would be adjacent to the base - Col 4:1-4).
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`Regarding claim 5, Mancini teaches the exercise chair of claim 4, and further discloses
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`wherein the cross beam 26 is connected to the rear frame such that it is disposed parallel to a
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`floor plane and such that a centerline of the cross beam 26 is approximately aligned with a
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`centerline of the back 14 (T-bar arm member 26 can be interpreted as the cross beam and is
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`connected to the rear frame - see annotated FIG. 1 above; note that all components in the
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`device are connected to each other either directly or via intermediary components; a centerline
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`of the cross beam can be interpreted to be aligned with a centerline of the backrest portion 14
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`when the centerlines are perpendicular lines passing vertically through the midpoints of each).
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`Regarding claim 6, Mancini teaches the exercise chair of claim 5, and further discloses a
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`third resistance band 30 connected to the cross beam 26 at one end of the third resistance
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`band, wherein the connection between the first resistance band 30 and the cross beam 26 is
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`located on a first side of the exercise chair that is opposite from a second side, and wherein the
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`

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`Application/Control Number: 16/171,050
`Art Unit: 3784
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`Page 6
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`connection between the cross beam 26 and the third resistance band 30 is located on the
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`second side of the exercise chair (FIG. 1 shows one resistance band 30 on one side of T-bar
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`arm member 26 and another resistance band 30 on another side of T-bar arm member 26 - FIG.
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`1).
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`Regarding claim 7, Mancini teaches the exercise chair of claim 6, and further discloses a
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`fourth resistance band 30 connected to the front base 28 (at attachment point 39 as shown in
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`FIG. 3) at one end of the fourth resistance band, wherein both the fourth resistance band and
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`the second resistance band are connected to the second base and the base on the first side of
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`the exercise chair (the second and fourth resistance bands 30 can be attached to the same side
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`of the exercise chair - FIG. 1).
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`Regarding claim 8, Mancini teaches the exercise chair of claim 7, and further discloses a
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`fifth resistance band connected to the base at one end of the fifth resistance band, wherein the
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`fifth resistance band is connected to the base on the second side of the exercise chair.
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`Regarding claim 9, Mancini teaches the exercise chair of claim 8, and further discloses a
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`sixth resistance band connected to the front base at one end of the sixth resistance band,
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`wherein the sixth resistance band is connected to the front base on the second side of the
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`exercise chair (another resistance band 30 can be attached to the other attachment point 38 of
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`the base on the opposite side of the exercise chair - FIG. 2).
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`Regarding claim 17, Mancini teaches the exercise chair of claim 1, and further discloses
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`wherein the cross beam 26 is adjustably attached to the rear frame such that a distance of the
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`cross beam from the floor may be adjusted (T-bar arm member 26 includes a removable locking
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`pin 27 that allows the T-bar arm member 26 to be adjusted to a variety of lengths away from the
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`adjustable support member 12 - Col 3:49-54, FIG. 1).
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`

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`Application/Control Number: 16/171,050
`Art Unit: 3784
`
`Page 7
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`Allowable Subject Matter
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`Claims 10-16 and 18-20 would be allowable if rewritten to overcome the rejection(s)
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`under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action
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`and to include all of the limitations of the base claim and any intervening claims.
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. See PTO-892 form.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to JOSHUA S LEE whose telephone number is (571)270-1661. The
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`examiner can normally be reached on Monday-Friday 11am-7pm Eastern.
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`Examiner interviews are available via telephone, in-person, and video conferencing
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`using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, LoAn Jimenez can be reached on 571-272—4966. The fax phone number for the
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`organization where this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access
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`to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
`
`free). If you would like assistance from a USPTO Customer Service Representative or access to
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`the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`

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`Application/Control Number: 16/171,050
`Art Unit: 3784
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`Page 8
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`/Joshua Lee/
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`Primary Examiner, Art Unit 3784
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`