DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 9 and 10 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 pre-AIA the applicant regards as the invention.
Claim 9 recites the limitation "comprises the first second" in line 3. The limitation is confusing because it is not clear to which at least one fluid outlet is being referred. Examiner suggests amending the language to read –comprises the
Claim 10 is rejected based solely on its dependency to rejected claim 9.
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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-7, 13, 15, and 17 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Dorsch et al. (US 5,441,529).
As to claim 1, Dorsch discloses a therapeutic fluid apparatus (therapeutic bath apparatus 10, Fig. 1) comprising:
a back portion 24 and a seat portion 22 (Fig. 2, col. 4, ln. 22-27),
wherein the back portion 24 comprises a first at least one fluid outlet 70 (jets 70 from water pipe 71 in bottom portion 12, see Fig. 2, col. 5, ln. 29-33);
at least one support 26 (false floor 26 supports the legs of the user and the seat 22) connected to the seat portion 22 (see Fig. 2, col. 4, ln. 7-9), the at least one support 26 comprising a second at least one fluid outlet 70 (jets 70 positioned along water pipe 71, col. 5,ln. 29-33; directly beneath the occupant is a floor having openings which provide a sufficient opening for the upward direction of water from additional jets placed along the length of the occupant’s position, col. 3, ln. 1-6);
at least one fluid pump 110 (recirculation pump 110, Fig. 3) fluidically coupled to the first at least one fluid outlet 70 and the second at least one fluid outlet 70, wherein the at least one fluid pump 110 is configured to direct at least a first portion of fluid to the first at least one fluid outlet 70 and at least a second portion of fluid to the second at least one fluid outlets 70 (col. 5, ln. 47-52).
As to claim 4, Dorsch discloses the therapeutic fluid apparatus of claim 1, wherein the back portion 24 comprises at least a first spacer and a second spacer (the portion of the back 24 between adjacent openings for the jets 70, see annotated Fig. 2 below).
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As to claim 5, Dorsch discloses the therapeutic fluid apparatus 10 of claim 1, the therapeutic fluid apparatus 10 further comprising a horizontal spacer connected to the back portion at a point where the back portion contacts the seat portion (the portion of the back 24 between the bottom of the openings for jets 70 and the top of the seat 22, see annotated Fig. 2 below, this portion effectively spaces the openings from the seat 22).
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As to claim 6, Dorsch discloses the therapeutic fluid apparatus of claim 1, wherein the first at least one fluid outlet comprises a first plurality of fluid outlets 70 (see Fig. 2, jets 70 positioned along water pipe 71, col. 5, ln. 29-33).
As to claim 7, Dorsch discloses the therapeutic fluid apparatus of claim 6, wherein the back portion 24 comprises at least one spacer that separates a first section of the back portion and a second section of the back portion, and wherein the first plurality of fluid outlets comprises at least a first fluid outlet connected to the first section of the back portion and at least a second fluid outlet connected to the second section of the back portion (see annotated Fig. 2 below, the dotted line showing where the first spacer is located that divides the back 24 into first and second sections, each of which have a plurality of fluid openings 70, col. 5, ln. 29-33).
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As to claim 13, Dorsch discloses the therapeutic fluid apparatus 10 of claim 1, the therapeutic fluid apparatus 10 further comprising a pressure control 111 configured to control a pressure of fluid output by each of the first at least one fluid outlet 70 and each of the second at least one fluid outlet 70 (pressure regulator valve 111, Fig. 3, col. 5, ln. 47-52).
As to claim 15, Dorsch discloses the therapeutic fluid apparatus of claim 1, the therapeutic fluid apparatus 10 further comprising at least one pipe 71 connecting the fluid pump 110 to the first at least one fluid outlet 70 and the second at least one fluid outlet 70 (see Fig. 2, Fig. 3, col. 5: ln. 29-33,47-52).
As to claim 17, Dorsch discloses the therapeutic fluid apparatus of claim 1, the therapeutic fluid apparatus further comprising a left shoulder portion connected to a left side of the back portion, and a right shoulder portion connected to a right side of the back portion, wherein the left shoulder portion comprises a third at least one fluid outlet, and wherein the right shoulder portion comprises a fourth at least one fluid outlet (see annotated Fig. 2 below should where the back 24 can be divided into a left should portion, a back portion and a right shoulder portion, each of which have their own fluid opening(s)).
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Claims 1 and 16 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Pinciaro (US 5,333,324).
As to claim 1, Pinciaro discloses a therapeutic fluid apparatus (therapeutic hot tub 10, Fig. ) comprising:
a back portion 13 (upper portion of tub wall 13, see Fig. 2) and a seat portion 11 (Fig. 2, col. 2, 39-49, see annotated Fig. 2 below),
wherein the back portion comprises a first at least one fluid outlet 22c (Fig. 2, col. 2, ln. 59 – col. 3, ln. 3);
at least one support (see annotated Fig. 2 below) connected to the seat portion 11, the at least one support comprising a second at least one fluid outlet 22d (see Fig. 2, col. 2, ln. 59 – col. 3, ln. 3);
at least one fluid pump 20 (pump and heating unit 20, Fig. 2) fluidically coupled to the first at least one fluid outlet 22c and the second at least one fluid outlet 22d, wherein the at least one fluid pump 20 is configured to direct at least a first portion 21c of fluid to the first at least one fluid outlet 22c and at least a second portion 21d of fluid to the second at least one fluid outlets 22d (see Fig. 2, col. 2, ln. 59 – col. 3, ln. 12).
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As to claim 16, Pinciaro discloses the therapeutic fluid apparatus 10 of claim 1, the therapeutic fluid apparatus 10 further comprising a head portion 14 (see Fig. 2 and Figs. 5-7) connected to a top of the back portion, the head portion 14 comprising a third at least one fluid outlet 22e oriented towards the seat portion 11 (see Fig. 7, col. 3, ln. 48-65).
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Muller (US 2016/0206108).
As to claim 18, Muller discloses a method of utilizing a therapeutic fluid apparatus for fluid therapy comprising:
placing a therapeutic fluid apparatus (reclining seat 1, Fig. 1) in an environment, (tub 5) the environment 5 configured to be filled with a fluid to a minimum fluid height W (the seat 1 is rotated to place it in the environment/tub 5 of water W, paragraph [0027]);
activating the therapeutic fluid apparatus 1 to direct at least a first portion of fluid to a first at least one fluid outlet 2 of the therapeutic fluid apparatus 1 and direct at least a second portion of fluid to a second at least one fluid outlet 2 of the therapeutic fluid apparatus 1 (water from the tub 5 is directed through the nozzles 2, paragraph [0032]); and
removing the therapeutic fluid apparatus 1 from the environment 5 (the seat 1 can be rotated out of the tub 5, see Fig. 2, paragraph [0029]).
As to claim 20, Muller discloses the method of claim 18, the method further comprising filling the environment with the fluid W (the tub is shown filled with water W to a waterline WL, Fig. 2, paragraph [0084]).
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 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.
Claims 1, 2, and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Shyka (US 2021/0145218), in view of Lumpkin (US 11,013,373).
As to claim 1, Shyka discloses a therapeutic fluid apparatus (bathing chair assembly, 10, Fig. 1) comprising:
a back portion 20 and a seat portion 16 (Fig. 1, paragraph [0019]),
wherein the back portion 20 comprises a first at least one fluid outlet 40 (water openings 40, Fig. 1, [0020]);
at least one support 44 (legs 44) connected to the seat portion 16 (see Fig. 1, paragraph [0020]),
at least one fluid pump 66 (Fig. 3, Fig. 4, paragraph [0024]) fluidically coupled to the first at least one fluid outlet, wherein the at least one fluid pump is configured to direct at least a first portion of fluid to the first at least one fluid outlet (paragraph [0024]).
Shyka does not disclose that the at least one support 44 comprises a second at least one fluid outlet to which the pump is configured to direct at least a second portion of fluid. However, Lumpkin teaches a bathing chair assembly (Fig. 1) having at least one support/leg 84, which includes fluid outlets (leg spray hoes 92) for spraying fluid through (col. 3, ln. 37-45). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the apparatus of Shyka to include the fluid outlets on the supports/legs of the chair assembly, as taught by Lumpkin, in order to provide a more efficient cleaning or the user’s legs.
As to claim 2, modified Shyka discloses the therapeutic fluid apparatus of claim 1, wherein the fluid pump 66 comprises a battery 88 (Fig. 4) configured to power to the fluid pump 66 (see Shyka, Fig. 2, paragraph [0028]).
As to claim 8, modified Shyka discloses the therapeutic fluid apparatus of claim 1, wherein the at least one support 44 comprises a plurality of supports 44 (see Shyka, Fig.1, paragraph [0020]).
As to claim 9, modified Shyka discloses the therapeutic fluid apparatus of claim 8, wherein the plurality of supports 44 comprises at least one rear support 44 and at least one front support 44, wherein the at least one front support 44 comprises the first second at least one fluid outlet 44 (see Shyka, Fig.1, paragraph [0020]).
As to claim 10, modified Shyka discloses the therapeutic fluid apparatus of claim 9, wherein the plurality of supports comprises at least one support connected to the seat portion between the at least one front support 44 and the at least one rear support 44 (see annotated Fig. 6 below).
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As to claim 11, modified Shyka discloses the therapeutic fluid apparatus of claim 8, wherein the plurality of supports comprises at least a front left support 44 and a front right support 44, wherein the front left support comprises a first portion of the second at least one fluid outlets and wherein the front right support comprises a second portion of the second at least one fluid outlets (the two front legs 44 of Shyka, see Fig. 1, are considered the claimed front left support and front right support, which have been modified to include fluid outlets, as taught by Lumpkin’s two front legs 84 having outlets 92, see Fig. 3 of Lumpkin).
As to claim 12, modified Shyka discloses the therapeutic fluid apparatus of claim 11, wherein the front left support 44 connected to the seat portion 16 at a front left corner of the seat portion 16, and wherein the front right support 44 is connected to the seat portion 16 at a front right corner of the seat portion 16 (see Shyka’s Fig. 1).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Dorsch et al. (US 5,441,529), in view of Jaguan (US 2016/0271013).
As to claim 3, Dorsch discloses the therapeutic fluid apparatus of claim 1, but does not expressly disclose that the fluid pump comprises a toggle configured to activate the fluid pump. However, Jaguan teaches therapeutic fluid apparatus (Abstract) having a fluid pump 21 (Fig. 1, Fig. 6) including a toggle (pump switch 41, Fig. 6, paragraph [0032]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the apparatus of Pinciaro so that the fluid pump has a toggle/switch in order to control activation and deactivation of the pump as needed.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Pinciaro (US 5,333,324), in view of De Simone (US 6,338,170).
As to claim 14, Pinciaro discloses the therapeutic fluid apparatus of claim 1, but does not expressly disclose that at least a first fluid outlet of the first at least one fluid outlet and/or the second at least one fluid outlet comprises a pressure control configured to control a pressure of fluid output by the first fluid outlet. However, De Simone teaches a therapeutic fluid apparatus (Figs. 22-23) having a fluid outlet 51 that comprises a pressure control (tap 45) to control a pressure of fluid output by the fluid outlet (col. 2, ln. 59-65). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the apparatus of Pinciaro to that the fluid outlet(s) comprise a pressure control/tap, as taught by DeSimone, in order to allow the user to conveniently adjust a pressure output of each outlet at will.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Shyka (US 2021/0145218).
As to claim 18, Shyka discloses a method of utilizing a therapeutic fluid apparatus (bathing chair assembly 10) for fluid therapy comprising:
placing a therapeutic fluid apparatus 10 in an environment (bathing chair assembly is positionable in a shower, paragraph [0019]), the environment configured to be filled with a fluid to a minimum fluid height (the shower can be filled up to the height of the shower tub or basin, for example, by plugging the shower drain); and
activating the therapeutic fluid apparatus 10 to direct at least a first portion of fluid to a first at least one fluid outlet 40 of the therapeutic fluid apparatus 10 and direct at least a second portion of fluid to a second at least one fluid outlet 28 of the therapeutic fluid apparatus 10 (paragraphs [0020],[0029]).
Shyka is silent as to the last step of removing the therapeutic fluid apparatus from the environment. However, this step is considered to be an obvious step that would routinely occur through use of such an assistive shower chair in a conventional manner. Therefore, it would have been obvious to one of ordinary skill in the art to have included the step of removing the chair after the user is finished with the shower, in order to allow another user to use the shower without the chair, or to facilitate cleaning of the shower periodically, as is well known in the art.
Claim 19 is rejected under 35 U.S.C. by Muller (US 2016/0206108), in view of Hensel (US 643,094).
As to claim 19, Muller discloses the method of claim 18, but does not disclose securing a flexible border material along at least a portion of a boundary of the environment, wherein the flexible border material increases a height at the portion of the boundary to exceed the minimum fluid height before the environment is filled with the fluid.
However, Hensel teaches a flexible border material (waterproof apron 19) along at least a portion of a boundary of an environment (around the edge of a tub 1, col. 2, ln. 97-104), wherein the flexible border material increases a height at the portion of the boundary to exceed the minimum fluid height before the environment is filled with the fluid (see Fig. 1, col. 2, ln. 97-104, the apron allows the tub to be filled to a higher level without spilling out of the tub). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the method of Muller so that the tub includes a flexible border material/waterproof apron, as taught by Hensel, in order to keep the water from spilling out of the tub for a cleaner surrounding environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Crossing (US 2022/0386827 discloses a therapeutic fluid apparatus in the form of a chair having fluid outlets in the back portion and leg portions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE L WOODWARD whose telephone number is (571)270-1479. The examiner can normally be reached on Monday - Friday 8:30 am - 4:30 pm.
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, KENDRA CARTER can be reached on 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785