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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 8/28/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments with respect to claim(s) 1-2, 6-7, 13-16, 18-19, 22, 26-28, 32, 35-36, and 38-40 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.
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(s) 1-2, 6-7, 13-16, 18-19, 22, 26-28, 32, and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sneed (US 20080282461) in view of Elliott (US 20200141145).
Regarding claim 1, Sneed discloses a spa cover (10) configured to cover a spa shell (A), the spa cover comprising:
a plurality of panels (26, 28) comprising a first panel (26) and a second panel (28);
a plurality of support structures (74, 46, 50, 30, 34), the plurality of support structures comprising a first support structure (74), a second support structure (46, 50), and a third support structure (30, 34);
the first support structure is configured to join a first edge (one of 20) of the first panel and a first edge (another of 20) of the second panel (see Fig. 5, 11);
the second support structure is configured to join a second edge (edge near 46, 50) of the first panel and a second edge (edge near 46, 50) of the second panel (see Fig. 7);
the third support structure is configured to join a third edge (edge near 30, 34) of the first panel and a third edge (edge near 30, 34) of the second panel, the third edge of the first panel facing the third edge of the second panel when assembled (see Fig. 6-8);
when assembled, the plurality of panels and the plurality of support structures form a first subassembly (12).
Sneed further discloses a portion of the plurality of support structures (74, 46, 50) are separate from the plurality of panels; however, Sneed does not disclose a plurality of support structures separate from the plurality of panels as claimed.
Elliott discloses a rigid cover for spas and hot tubs including a plurality of support structures (160, 210, 310, 410, 510) separate from the plurality of panels (140; see Fig. 2A-6D; ¶ 0077). It would have been obvious to one of ordinary skill in the art to have modified the plurality of support structures of Sneed, to be separate from the plurality of panels as claimed, as taught by Elliott, in order to have smaller component sizes for shipping and/or storage and in order to individually replace the individual support structure components when damaged, thereby reducing associated material and shipping expense for the owner (¶ 0077).
Furthermore, Sneed does not disclose an outer covering configured to cover the first subassembly as claimed.
Elliott discloses a rigid cover for spas and hot tubs including an outer covering (130) configured to cover the first subassembly (140,160, 210, 310, 410, 510; ¶ 0050, 0073-0077). It would have been obvious to one of ordinary skill in the art to have modified the spa cover of Sneed, to include an outer covering as claimed, as taught by Elliott, in order to provide a cover that can remain flexible over a broad range of temperatures and any exterior fading, scrapes, cuts, etc. can be easily repaired with a patch or by replacement of just the outer vinyl material instead of the entire damaged piece (¶ 0014).
Regarding claim 2, the combination above and specifically Elliott further discloses a first vapor barrier (¶ 0011, 0067, 0075) configured to surround the first subassembly and disposed within the outer covering (¶ 0011, 0067, 0075).
Regarding claim 6, the combination above and specifically Sneed further discloses wherein when assembled:
the first support structure is embedded in the first edge of the first panel and the first edge of the second panel (see Fig. 6-8 and 11), at least a portion of the first support structure is exposed from the first panel and the second panel (see Fig. 6-8 and 11);
the second support structure is embedded in the second edge of the first panel and the second edge of the second panel (see Fig. 6-8 and 11), at least a portion of the second support structure is exposed from the first panel and the second panel (see Fig. 6-8 and 11);
the third support structure is embedded in each of the third edge of the first panel and the third edge of the second panel (see Fig. 6-8 and 11) so the third support structure is not visible when the first panel is joined to the second panel (see Fig. 3-4, 6-8 and 11).
Regarding claim 7, the combination above and specifically Sneed further discloses wherein the first support structure is an E-shaped support structure (see Fig. 11; see also Elliott, 160, 210, 310, 410, 510; Fig. 2A-6D), the second support structure is a T-shaped support structure (see Fig. 7; see also Elliott, 160, 210, 310, 410, 510; Fig. 2A-6D), and the third support structure is an H-shaped support structure (see Fig. 6-8; see also Elliott, 160, 210, 310, 410, 510; Fig. 2A-6D).
Regarding claim 13, the combination above and specifically Sneed further discloses wherein: the plurality of panels further comprises a third panel (another of 26) and a fourth panel (another of 28); and
the plurality of support structures further comprises a fourth support structure (another of 74), a fifth support structure (another of 46, 50), and a sixth support structure (another of 30, 34).
Regarding claim 14, the combination above and specifically Sneed further discloses wherein: the fourth support structure is configured to join a first edge (one of 20) of the third panel and a first edge (another of 20) of the fourth panel (see Fig. 5, 11);
the fifth support structure is configured to join a second edge (edge near 46, 50) of the third panel and a second edge (edge near 46, 50) of the fourth panel (see Fig. 7); and
the sixth support structure is configured to join a third edge (edge near 30, 34) of the third panel and a third edge (edge near 30, 34) of the fourth panel, the third edge of the third panel facing the third edge of the fourth panel when assembled (see Fig. 6-8);
when assembled, the plurality of panels and the plurality of support structures form a second subassembly (another of 12).
Regarding claim 15, the combination above and specifically Elliott further discloses wherein the outer covering comprises a first pocket (¶ 0073-0077; see Fig. 6A) and a second pocket (¶ 0073-0077; see Fig. 6A) separated by a hinge (120), the first pocket configured to receive the first subassembly (¶ 0073-0077; see Fig. 6A), the second pocket configured to receive the second subassembly (¶ 0073-0077; see Fig. 6A).
Regarding claim 16, the combination above and specifically Sneed further discloses wherein the first support structure is positioned along the hinge (14) when the first subassembly is disposed within the first pocket of the outer covering (as modified by Elliot above), and wherein the fourth support structure is positioned along the hinge when the second subassembly is disposed within the second pocket of the outer covering (as modified by Elliott above).
Regarding claim 18, Sneed discloses a spa cover (10) configured to cover a spa shell (A), the spa cover comprising:
a plurality of panels (26, 28) comprising a first panel (26) and a second panel (28);
a plurality of support structures (74, 46, 50, 30, 3) joining the plurality of panels, the plurality of support structures comprising a first support structure (74), a second support structure (46, 50) and a third support structure (30, 34), the second support structure near an outer edge (outer edge of 26) of the first panel (¶ 0024; Fig. 7) and an outer edge (outer edge of 28) of the second panel (¶ 0024; Fig. 7), wherein the outer edge of the first panel and the outer edge of the second panel are arranged at an outer edge (outer edge of 26, 28) of the spa cover (see Fig. 7).
However, Sneed does not explicitly disclose the second support structure exterior to and extending along an outer edge of the first panel and an outer edge of the second panel.
Elliott discloses a rigid cover for spas and hot tubs wherein the second support structure (210) exterior to and extending (see Fig. 2A-B, 3A) along an outer edge (edge of 140) of the first panel and an outer edge (edge of 140) of the second panel (¶ 0052-0061). It would have been obvious to one of ordinary skill in the art to have modified the second support structure of Sneed, to be exterior to and extending along the outer edges of the first and second panels as claimed, as taught by Elliott, in order to provide further support and stability to the resulting panel assembly by inhibiting relative motion of the panels (¶ 0052-0061).
Furthermore, Sneed does not disclose an outer covering configured to cover the plurality of panels and the plurality of support structures as claimed.
Elliott discloses a rigid cover for spas and hot tubs including an outer covering (130) configured to cover the plurality of panels (140) and the plurality of support structures (160, 210, 310, 410, 510; ¶ 0050, 0073-0077). It would have been obvious to one of ordinary skill in the art to have modified the spa cover of Sneed, to include an outer covering as claimed, as taught by Elliott, in order to provide a cover that can remain flexible over a broad range of temperatures and any exterior fading, scrapes, cuts, etc. can be easily repaired with a patch or by replacement of just the outer vinyl material instead of the entire damaged piece (¶ 0014).
Regarding claim 19, the combination above and specifically Sneed further discloses wherein a first edge (one of 20) of the first panel and a first edge (another of 20) of the second panel are joined by the first support structure (see Fig. 5, 11), a second edge (edge near 46, 50) of the first panel and a second edge (edge near 46, 50) of the second panel are joined by the second support structure (see Fig. 7), and a third edge (edge near 30, 34) of the first panel and a third edge (edge near 30, 34) of the second panel are joined by the third support structure (see Fig. 6-8).
Regarding claim 22, the combination above and specifically Sneed further discloses wherein the first support structure comprises an E-shaped support structure (see Fig. 11; see also Elliott, 160, 210, 310, 410, 510; Fig. 2A-6D), the second support structure comprises a T-shaped support structure (see Fig. 7; see also Elliott, 160, 210, 310, 410, 510; Fig. 2A-6D), and the third support structure comprises an H-shaped support structure (see Fig. 6-8; see also Elliott, 160, 210, 310, 410, 510; Fig. 2A-6D).
Regarding claim 26, the combination above and specifically Sneed further discloses wherein the first support structure, the second support structure, and the third support structure are at least partially embedded within the plurality of panels (see Fig. 3-4, 6-8, and 11).
Regarding claim 27, the combination above and specifically Sneed further discloses wherein the plurality of panels further comprises a third panel (another of 26) and fourth panel (another of 28), and wherein the plurality of support structures further comprises a fourth support structure (another of 74), a fifth support structure (another of 46, 50), and a sixth support structure (another of 30, 34).
Regarding claim 28, the combination above and specifically Sneed further discloses wherein a first edge (one of 20) of the third panel and a first edge (another of 20) of the fourth panel are joined by the fourth support structure (see Fig. 5, 11), a second edge (edge near 46, 50) of the third panel and a second edge (edge near 46, 50) of the third panel are joined by the fifth support structure (see Fig. 7), and a third edge (edge near 30, 34) of the third panel and a third edge (edge near 30, 34) of the fourth panel are joined by the sixth support structure (see Fig. 6-8).
Regarding claim 32, the combination above and specifically Sneed further discloses wherein each of the plurality of panels is a foam panel (¶ 0027-0028).
Regarding claim 35, Sneed discloses a spa comprising:
a spa shell (A) comprising an interior space (interior space of A);
a plurality of panels (26, 28), each of the plurality of panels sized to be positioned within the interior space of the spa shell (see Fig. 1-2, 6-8, and 11);
a plurality of support structures (30, 34, 46, 74), the plurality of support structures configured to support the plurality of panels, each of the plurality of support structures sized to be positioned within the interior space of the spa shell (see Fig. 1-2, 6-8, and 11).
Sneed further discloses a portion of the plurality of support structures (74, 46, 50) are separate from the plurality of panels; however, Sneed does not disclose a plurality of support structures separate from the plurality of panels as claimed.
Elliott discloses a rigid cover for spas and hot tubs including a plurality of support structures (160, 210, 310, 410, 510) separate from the plurality of panels (140; see Fig. 2A-6D; ¶ 0077). It would have been obvious to one of ordinary skill in the art to have modified the plurality of support structures of Sneed, to be separate from the plurality of panels as claimed, as taught by Elliott, in order to have smaller component sizes for shipping and/or storage and in order to individually replace the individual support structure components when damaged, thereby reducing associated material and shipping expense for the owner (¶ 0077).
Furthermore, Sneed does not disclose an outer covering configured to cover the plurality of panels, the outer covering sized to be positioned at a footwell of the spa shell as claimed.
Elliott discloses a rigid cover for spas and hot tubs including an outer covering (130) configured to cover the plurality of panels (140, ¶ 0050, 0073-0077), the outer covering sized to be positioned at a footwell of the spa shell (¶ 0050, 0073-0077). It would have been obvious to one of ordinary skill in the art to have modified the spa cover of Sneed, to include an outer covering as claimed, as taught by Elliott, in order to provide a cover that can remain flexible over a broad range of temperatures and any exterior fading, scrapes, cuts, etc. can be easily repaired with a patch or by replacement of just the outer vinyl material instead of the entire damaged piece (¶ 0014).
Claim(s) 35-36 and 38-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scott (US 20080034491) in view of Elliott (US 20200141145).
Regarding claim 35, Scott discloses a spa comprising:
a spa shell (shell of 10) comprising an interior space (interior space of 10);
a plurality of panels (16), each of the plurality of panels sized to be positioned within the interior space of the spa shell (see Fig. 1-5);
a plurality of support structures (80m, 80f), the plurality of support structures configured to support the plurality of panels (see Fig. 1-5), each of the plurality of support structures sized to be positioned within the interior space of the spa shell (see Fig. 1-5);
an outer covering (14) configured to cover the plurality of panels (see Fig. 2), the outer covering sized to be positioned at a footwell of the spa shell (see Fig. 1-2),
However, Scott does not disclose a plurality of support structures separate from the plurality of panels as claimed.
Elliott discloses a rigid cover for spas and hot tubs including a plurality of support structures (160, 210, 310, 410, 510) separate from the plurality of panels (140; see Fig. 2A-6D; ¶ 0077). It would have been obvious to one of ordinary skill in the art to have modified the plurality of support structures of Scott, to be separate from the plurality of panels as claimed, as taught by Elliott, in order to have smaller component sizes for shipping and/or storage and in order to individually replace the individual support structure components when damaged, thereby reducing associated material and shipping expense for the owner (¶ 0077).
Regarding claim 36, Scott discloses wherein the plurality of panels are sized to be positioned above the outer covering and within the interior space of the spa shell (see Fig. 1-2 and 6-7).
Regarding claim 38, the combination above and specifically Scott further discloses wherein the plurality of support structures are sized to be positioned above the plurality of panels and within the interior space of the spa shell (see Fig. 1-2 and 6-7).
Regarding claim 39, the combination above and specifically Scott further discloses wherein the plurality of support structures (70) are disposed in a single channel package (100), the single channel package extending from a first corner of the spa shell to a second corner of the spa shell (see Fig. 6-7, ¶ 0025-0028).
Regarding claim 40, the combination above and specifically Scott further discloses a first protective material (¶ 0025-0028) positioned on the first corner of the spa shell and above a first end of the single channel package (see Fig. 6-7), and a second protective material (¶ 0025-0028) positioned on the second corner of the spa shell and above a second end of the single channel package (see Fig. 6-7), the first and second protective materials configured to secure the single channel package (¶ 0025-0028).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Thursday 11AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P Angwin can be reached at (571)270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM R. KLOTZ
Examiner
Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754