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 .
Response to Amendment
In response to the non-final office action filed on 03/24/2025, applicant has amended claims 1-2, 4-6 and 10. Claims 1-20 are currently pending in the application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 4-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macey et al (US Pub No. 2005/0025327, hereinafter Macey) in view of Wu (CN-108236426, hereinafter Wu).
Regarding claim 1, Macey teaches a bathtub (Abstract, portable spa ) comprising a first container which is an inner container (Fig 1, shell 13), a second container which is an outer container (Fig 1, spa skirt 21), and an audio arrangement including a set of audio transducers comprising at least one audio transducer or a plurality of audio transducers (Fig 1, transducer devices 11); wherein the first container comprises a first peripheral wall (Fig 1, side wall of shell 13) and a base portion having a base surface (Fig 1, bottom of portable spa “not labeled”), the first peripheral wall surrounding and cooperating with the base surface to define a liquid-receiving volume of the first container (Fig 1, spa shell 13 forming a liquid receiving volume water 29) and wherein the liquid receiving volume has a depth which is measured along an axial direction (Fig 1, shell 13 dome shape allows for axial volume measurement); wherein the second container comprises a second peripheral wall which extends in a peripheral direction to surround the first peripheral wall (Fig 1, spa skirt 21 encompasses the outer walls of the portable spa), the second peripheral wall cooperating with the first peripheral wall to define a peripheral airgap which is an interwall airspace surrounding the first peripheral wall (Fig 1, open space between spa skirt 21 and shell 13); - wherein the first peripheral wall and the second peripheral wall are interconnected by a peripherally extending bridging portion (Fig 1, top portion “not labeled” connecting spa skirt 21 and shell 13), and wherein the bridging portion defines a top end of the peripheral airgap (Fig 1, top portion “not labeled” connecting spa skirt 21 and shell 13 forming top of open space); wherein the second peripheral wall has a top end which is in abutment with the bridging portion and a bottom end which defines a bottom aperture (Fig 1 & ¶ [0023], spa skirt 21 in abutment with top portion and may include a hatch or door for access to speaker enclosure); wherein the set of audio transducers is received inside the peripheral airgap (Fig 1, transducer devices 11 located inside open space) and is configured for generating audio vibrations inside the interwall airspace (¶ [0017], transducer devices 11 bonded to spa shell 13 to create sound vibration energy) for transmitting out of the first container through the first peripheral wall and out of the second container through the second peripheral wall (¶ [0017], sound can be heard when using the spa); and wherein the first container and the second container are formed from a polymeric sheet by vacuum forming (¶ [0018] spa shell 13 formed with thermoset plastic, thermoplastic or acrylic top sheet, spa shell 13 and spa skirt 21 shown as continuous piece), and at least one audio transducer attached so that mechanical vibrations generated by the audio transducer are transmitted to the second container due to physical contact and abutment (¶ [0017], two transducer devices 11 preferred for stereo effect).
Macey does not explicitly teach at least one audio transducer is attached to the second peripheral wall of the second container.
Wu teaches an audio transducer is attached to the second peripheral wall of the second container (See Wu Fig 1, loudspeaker 8 attached to outer basin).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated an audio transducer to an exterior wall as taught by Wu with the bathtub taught by Macey. While Macey does not teach the exact location of additional speakers, they do acknowledge that multiple audio transducers would be preferred for stereo effect (¶ [0017]). Doing so would allow for direction and positioning which would provide a more immersive experience for the user.
Regarding claim 4, Macey in view of Wu teaches the bathtub according to claim 1, wherein the first container is an acrylic container or bathtub formed from an acrylic sheet by vacuum forming and reinforced with fiberglass and resin (¶ [0018] spa shell 13 formed with thermoset plastic, thermoplastic or acrylic top sheet), and wherein the at least one audio transducer is attached to the first peripheral wall of the first container so that mechanical vibrations generated by the audio transducer are transmitted to the first container due to physical contact and abutment (¶ [0017], transducer devices 11 bonded to spa shell 13 to create sound vibration energy).
Regarding claim 5, Macey in view of Wu teaches the bathtub according to claim 1, wherein the second container overhangs the first container and is suspended from the first container by the peripherally extending bridging portion, and wherein the second container is formed from an acrylic sheet by vacuum forming (¶ [0018] spa shell 13 formed with thermoset plastic, thermoplastic or acrylic top sheet, spa shell 13 and spa skirt 21 shown as continuous piece).
Regarding claim 6, Macey in view of Wu teaches the bathtub according to claim 1, wherein the first peripheral wall and the second peripheral wall are spaced apart and are separated by a transverse separation distance (Fig 1, open space separating spa shell 13 and spa skirt 21), and wherein the separation distance is between 2 cm and 25 cm (Fig 1, open space would require between 2-25 cm for transducer devices 11 to fit), and wherein the audio arrangement is configured to generate audio signals to travel along an air space loop which extends in a peripheral direction to surround the first container (¶ [0017], transducer devices 11 bonded to spa shell 13 to create sound vibration energy, the sound produced would naturally travel through the surrounding open space).
Regarding claim 7, Macey in view of Wu teaches the bathtub according to claim 1, wherein the first peripheral wall and the second peripheral wall are configured to vibrate at audio frequencies during operation of the set of audio transducers (¶ [0017], transducer devices 11 bonded to spa shell 13 to create sound vibration energy).
Regarding claim 8, Macey in view of Wu teaches the bathtub according to claim 1, wherein the audio transducer comprises a forward- facing surface which is an audio signal propagation surface, and wherein the audio signal propagation surface is in abutment with the first peripheral wall or the second peripheral wall (Fig 2, transducer devices 11 held against spa shell 13 by enclosure 111).
Regarding claim 9, Macey in view of Wu teaches the bathtub according to claim 1, wherein the set of audio transducers comprises a plurality of audio transducers (¶ [0017], two transducer devices 11 preferred for stereo effect), and wherein at least one audio transducer is attached to the first peripheral wall (Fig 1, transducer devices 11 attached to spa shell 13) and at least one audio transducer is attached to the second peripheral wall (See Wu Fig 1, loudspeaker 8 attached to outer basin).
Regarding claim 10, Macey in view of Wu teaches the bathtub according to claim 1, wherein the second peripheral wall comprises a first surface which is an inner surface oriented to oppositely face the first container and a second surface which is an outer surface oriented to face away from the first container (Fig 1, spa skirt 21 has inner and outer surface); and wherein an audio signal propagation surface of the audio transducer is attached to the inner surface of the second peripheral wall (See Wu Fig 1, loudspeaker 8 attached to outer basin).
Regarding claim 11, Macey in view of Wu teaches the bathtub according to claim 10, wherein the audio transducer comprises a forward- facing surface which is an audio signal propagation surface and a rearward-facing surface which is oriented to face the first peripheral wall (Fig 2, transducer devices 11 held against spa shell 13 by enclosure 111), and wherein the forward-facing surface is in abutment with the first surface and is intermediate the rearward-facing and the second peripheral wall (Fig 5, speaker 13 in abutment with apron 11).
Regarding claim 12, Macey in view of Wu teaches the bathtub according to claim 1, wherein the bridging portion extends transversely outwards from a top edge of the first peripheral wall, and wherein the second peripheral wall extends downwardly from an outer edge of the bridging portion to intermediate the base portion of the first container and the support surface (Fig 1, top portion extends from top of spa shell 13 and connects with spa skirt 21).
Regarding claim 13, Macey in view of Wu teaches the bathtub according to claim 1, wherein the first container extends along a longitudinal axis which defines a longitudinal direction and length of the first container, extends along an axial direction which is orthogonal to the longitudinal direction and defines depth of the first container, and extends along a transversal direction which is orthogonal to both the longitudinal direction and the axial direction to depth width of the first container, and wherein the length, the width and the depth are configured to receive an adult body of an average size for bathing (Fig 1, spa shell 13 designed for bathing of a full sized adult).
Regarding claim 14, Macey in view of Wu teaches the bathtub according to claim 1, wherein the peripheral airgap is configured as a peripheral air channel for sound to travel along a closed loop around the first container and the second container (¶ [0017], transducer devices 11 bonded to spa shell 13 to create sound vibration energy within open space).
Regarding claim 15, Macey in view of Wu teaches the bathtub according to claim 1, wherein the second container is an acrylic with reinforcement of fiber glass and resin container (¶ [0031] lines 4-10, acrylic top sheet with additional layers of structural support such as fiberglass. Resin is commonly used in bathtubs due to its durability and hear retention).
Regarding claim 16, Macey in view of Wu teaches the bathtub according to claim 1, wherein the first container is configured as a bathtub having a bathtub volume (Fig 1, spa shell with inner volume).
Regarding claim 17, Macey in view of Wu teaches the bathtub according to claim 1, wherein the first peripheral wall is configured as a first audio signal transmission surface surrounding the volume of the first container (Fig 1 & ¶ [0017] lines 1-5, transducer 11 coupled to spa shell 13 to transmit sound vibration energy); and wherein the second peripheral wall is configured as a second audio signal transmission surface for transmitting audio vibrations away from the first container (See Wu Fig 1, loudspeaker 8 and outer basin 5 away from basin body 4).
Regarding claim 18, Macey in view of Wu teaches the bathtub according to claim 1, further comprising an electro-acoustic signal source (Fig 1, AMP 15 & Signal source 19), wherein the signal source is configured to deliver electro-acoustic signals to the set of transducers (¶ [0024], lines 1-2), and wherein the signal source is received inside the internal airspace of a speaker box and/or is wall mounted inside the second container (Fig 1, AMP 15 & Signal source 19).
Regarding claim 19, Macey in view of Wu teaches the bathtub according to Claim 18, wherein the signal source is powered by a portable power source (¶ [0024] lines 1-9, portable source such as a portable CD player).
Regarding claim 20, Macey in view of Wu teaches the bathtub according to Claim 18, wherein the signal source is powered by a low voltage DC power source (¶ [0024] lines 1-9, most home audio systems such as CD players speakers operate on low voltage DC power).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macey et al (US Pub No. 2005/0025327, hereinafter Macey) in view of Wu (CN-108236426, hereinafter Wu) as applied to claims above, and further in view of Lyons et al (US Pub No. 2015/0082534, hereinafter Lyons).
Regarding claim 2, Macey on view of Wu teaches the bathtub according to claim 1, wherein the first container is elevated above a support surface (Fig 1, spa shell 13 elevated above bottom of portable spa), and wherein an airgap which is a bottom airgap in communication with the peripheral airgap is present between the first container and the support surface (Fig 1, open space extends under spa shell 13), wherein an audio transducer of the set of audio transducers is mounted on a cartridge housing to form an audio cartridge, and wherein the audio cartridge is attached to the bathtub by means of a cartridge receptacle configured as a cartridge bracket so that mechanical vibrations generated by the set of audio transducer are transmitted to the bath due to physical contact and abutment (Fig 2, formed enclosure 111).
Macey in view of Wu does not explicitly teach a support structure.
Lyons teaches a support structure (See Lyons Fig 2 Support legs 118).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the support structure taught by Lyons with the bathtub taught by Macey in view of Wu. Doing so provides additional reinforcement to the container allowing for it to handles more weight and prevent damage caused by stress.
Regarding claim 3, Macey in view of Wu and Lyons teaches the bathtub according to claim 2, wherein the peripheral airgap and the bottom airgap cooperate to form an internal airspace of a sound box of a speaker (Fig 1, open space extends completely around bottom of spa shell 13), the speaker being cooperatively defined by the first container, the second container and the bridging portion; and/or wherein the first container, the second container, and the bridging portion cooperate with the support surface to form a sound box of a speaker (Fig 1, spa shell 13, spa skirt 21 and the top connecting portion forming enclosed “sound box”).
Response to Arguments
Applicant’s arguments, see page 1 lines 18-23, filed 07/24/2025, with respect to claim 6 have been fully considered and are persuasive. The rejection of 03/24/2025 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/T.M.L./Examiner, Art Unit 2694
/Daniel R Sellers/Primary Examiner, Art Unit 2694