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 .
Election/Restrictions
Claims 2, 3, 5 and 7-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/11/25.
Please note that while the original requirement for restriction identified the “cross” and “T” configurations as different inventions, upon further consideration the two shapes are deemed to be obvious variants. As such, both species A and B are being examined and claim 4 is rejoined.
Please also note that while applicant identified claims 13 and 15 as reading on the elected invention, they both depend from claim 10, which is withdrawn (as it recites the connector of species C and D). Claims 13 and 15 are therefore withdrawn.
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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenan US 9,919,776.
Regarding claim 1, Greenan discloses a recreational flotational device for a person, the device comprising:
first elongated foam member 102 having buoyant properties;
second elongated foam member 104 having buoyant properties and coupled to the first elongated foam member at a perpendicular angle; and
wherein the first elongated foam member is configured for the person sitting astride thereof, with the second elongated foam member encircling the user's torso laterally.
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Figure 1- Greenan Figure 4B
Regarding claim 4, Greenan discloses the invention as claimed as detailed above with respect to claim 1. Greenan also discloses that the first 102 and second 104 elongated foam members are arranged in a cross-shaped configuration.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Greenan US 9,919,776.
Regarding claim 6, Greenan discloses the invention as claimed as detailed above with respect to claim 1. Greenan does not teach that the first and second elongated foam members are coupled by one of an adhesive and a heat source, but does teach that the members can be joined permanently (column 3 line 66- column 4 line 5). The examiner is taking official notice that adhesives and heat are both well-known methods of joining foam members. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the floatation device of Greenan by permanently fixing the members with heat or adhesive in order to prevent inadvertent disassembly and enable more extreme usage.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Greenan US 9,919,776 in view of “Can you use Hot Glue on ‘pool noodles?’” from Hometalk (hereafter “Hometalk.”
Regarding claim 6, Greenan discloses the invention as claimed as detailed above with respect to claim 1. Greenan does not teach that the first and second elongated foam members are coupled by one of an adhesive and a heat source, but does teach that the members can be joined permanently (column 3 line 66- column 4 line 5). Hometalk teaches that hot glue can be used to fix pool noodles (page 2, reply of 7/20/2018). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the floatation device of Greenan by permanently fixing the members with heat or adhesive as taught by Hometalk in order to prevent inadvertent disassembly and enable more extreme usage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kremmer 2019/0001235 and Serrano US 9,115,839 teach connector systems for elongated foam members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc Burgess whose telephone number is (571)272-9385. The examiner can normally be reached M-F 08:30-15:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joseph) Morano can be reached at 517 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC BURGESS/Primary Patent Examiner, Art Unit 3615