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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/29/26 has been entered.
Response to Arguments
Applicant’s arguments, see Pg. , filed 6/29/26, with respect to the rejection(s) of claim(s) 1 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of DE 20315638 which teaches it is known to also utilize handrails of staircases of swimming pools as channels/conduits for fluid flow and other utilities.
Claim Objections
Claims 1-22 are objected to because of the following informalities:
The claim amendments submitted 6/29/26 provides no text for claims 3, 9-10 and 14-18 which have been withdrawn from examination but have not been indicated as cancelled.
The text of all pending claims under examination and withdrawn claims must be submitted each time any claim is amended. See MPEP 714(II)(C).
It is noted that Applicant’s previous 10/29/25 claim submission was not entered for failure to include the text of withdrawn claims. For clarity of record the withdrawn claims without text and which are not being examined are being interpreted as maintaining the text from the previous 12/29/25 submission.
Claims 1-2, 4-8, 11-13 and 19-22 are objected to because the claims are directed at “A pool handrail assembly”. Applicant’s amendments have resulted in the claims requiring a pool staircase which is located in a pool and as such positively recites a pool, a staircase within the pool and a handrail assembly.
Appropriate correction is required.
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 5-7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, the claim depends from claim 1 which positively recites a pool stair case. As such the language of claim 5 requiring at least one channel exit be directed at least one pool stair step of a pool staircase introduces a second staircase at which the channel exit of a handrail of the first staircase must be aimed. However Applicant’s disclosure does not support this but instead that the channel exit is directed at the steps of the staircase upon which it is installed.
Where a claim directed to a device can be read to include the same element twice, the claim is indefinite. See MPEP 2173.05(o). In this case Applicant appears to be claiming the same staircase twice.
Regarding claim 6, the claim depends from claim 1 which positively recites a pool stair case. As such the language of claim 6 requiring at least one channel exit be directed across at least one pool stair step of a pool staircase introduces a second staircase at which the channel exit of a handrail of the first staircase must be aimed. However Applicant’s disclosure does not support this but instead that the channel exit is directed across the steps of the staircase upon which it is installed.
Where a claim directed to a device can be read to include the same element twice, the claim is indefinite. See MPEP 2173.05(o). In this case Applicant appears to be claiming the same staircase twice.
Regarding claim 7, the claim depends from claim 1 which positively recites a pool stair case. As such the language of claim 7 requiring at least one channel exit configured to clear at least one pool stair step of a pool staircase introduces a second staircase at which the channel exit of a handrail of the first staircase must be aimed. However Applicant’s disclosure does not support this but instead that the channel exit clears the steps of the staircase upon which it is installed.
Where a claim directed to a device can be read to include the same element twice, the claim is indefinite. See MPEP 2173.05(o). In this case Applicant appears to be claiming the same staircase twice.
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 (i.e., changing from AIA to pre-AIA ) 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, 4, 8, 11-13 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over DE 20315638 (DE) in view of US 3,090,489 (Smith).
Regarding claim 1, DE discloses a pool handrail assembly comprising:
a swimming pool (1);
a pool staircase (2) comprising a flight of stairs (3/4/5/6) located in the pool (Fig. 2) and a handrail (22) wherein the inside of the handrail can be utilized as a conduit/channel to direct water to nozzles or as part of a water purification/filtration system (Translation Para. 0018, 0030);
wherein the handrail (22) is mounted above and/or adjacent the pool staircase (Fig. 2), and shaped such that a first handrail portion of the handrail is spaced above and angled positioned and shaped to extend along the stairs, sloping downward as the stairs of the pool staircase descend (Fig. 2; annotated figure below).
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DE, however, does not provide details as to how the handrail is utilized as a channel for conducting the movement of fluid from and/or to the pool.
Smith teaches a pool handrail assembly comprising a swimming pool (100) (Fig. 14) having a handrail (L-7; 104/105/109/110/111/112) mounted above and/or adjacent a step structure (116) and a user support surface (Fig. 14 – pool surround) shaped such that a first handrail portion (109/110) of the handrail is spaced above and angled, positioned and shaped to extend along the traversal path of a user (Fig. 14 –follows a user’s movement up support steps 116 then up and out of the pool at an angled to the exterior ground/support surface), sloping downward as the user’s path descends (Fig. 14 – 109/110).
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A channel extends through the handrail (the handrail is hollow) from a channel inlet (connection of 114 to 120) to at least one channel exit (122), the channel inlet being connected to and receiving water from a water source (28//M/M-2/M-3) (C8 L3-11).
It would have been obvious to one of ordinary skill in the art to provide the handrail with a channel extending therethrough from an inlet connected to and receiving water from a water source to a water outlet, as taught by Smith, so as to facilitate supplying water into the handrail and dispensing the water from the handrail/delivering it to the pool or nozzle (thereby providing the disclosed functionality of DE).
Regarding claim 2, DE states that its pool, staircase and handrail assembly is configured to move water through the handrail as previously discussed but does not state how the water is supplied.
Smith teaches the inclusion of a pump (M/117/118; C7 L57-67) connectable in fluid communication with the handrail channel and the water source (Fig. 14), the pump being operable to propel water from the water source through the channel (C7 L57-67).
It would have been obvious to one of ordinary skill in the art to connect a pump to the channel and water source, as taught by Smith, so as to facilitate forcefully/controllably moving water through the channel as desired/required by a user.
Regarding claim 4, DE in view of Smith teaches the formation of a handrail for a pool with a channel, water inlet and water outlet as previously discussed. DE states that its pool, staircase and handrail assembly is configured to move water through the handrail as previously discussed and that the handrail extends beneath the water level of the pool (Fig. 2) but does not explicitly state/detail where or how water is dispensed/discharged from the handrail.
Smith teaches a handrail assembly for a pool with a fluid channel as previously discussed and further teaches that the at least one channel exit is positioned on a portion of the handrail beneath the water level of the pool so as to allow water to leave the handrail below the water level of the pool (Fig. 14; C8 L3-11).
It would have been obvious to one of ordinary skill in the art to provide at least one channel exit of the handrail channel beneath the water level of the pool, as taught by Smith, so that circulated/filtered pool water can be returned directly into the pool water for water conservation, safety (instead of being sprayed into the air which can cause waste or slippery surfaces) and/or for user preference (aesthetic appearance, pool use case).
Regarding claim 8, DE states that the handrail is mounted to a pool deck (24) surrounding the pool through an anchor feature (25) but doesn’t explicitly state if this places the channel inlet to be in fluid communication with the water source.
Smith states that the handrail includes at least one anchor feature (27/115; Figs. 7, 14) that is configured to secure the handrail to a pool deck in a position where the channel inlet is in fluid communication with the water source (Fig. 14 – water supplied through 120 is in communication with the channel 114/110 through the anchor feature 115 which joins 114/110 with 120).
It would have been obvious to one of ordinary skill in the art to configure the anchor feature to place the channel inlet in fluid communication with the water source, as taught by Smith, so as to reduce the exposure of the water supply system/conduits for safety, convenience and/or aesthetic appearance.
Regarding claims 11-12, DE in view of Smith teaches the formation of an anchor feature configured to place the channel in fluid communication with the water source as previously discussed. DE states that its anchor feature is in the form of a sleeve (25) but does not provide details of said connection such as whether the anchor feature/sleeve comprises a spout tube extending form the deck which the handrail overlaps.
Smith teaches that the anchor feature can comprise a spout tube (27) that extends upward from the pool deck (25) which is configured to overlap with the handrail (Fig. 7; annotated figure below).
It would have been obvious to one of ordinary skill in the art to configure the anchor feature as an upwardly extending spout tube configured to overlap with the handrail, as taught by Smith, so as to facilitate alignment of the handrail with the anchor feature during installation.
Regarding claim 13, DE teaches the provision of an anchor feature in the form of a sleeve (25) and that the handrail is utilized to transport water therein as previously discussed and DE in view of Smith teaches the configuration of the anchor feature to place the channel in fluid communication with the water source as previously discussed. DE, however, does not provide details of its sleeve structure or channel structure such as the inclusion of seals.
Smith teaches a sleeved coupling for a handrail comprising an internal fluid conduit in which a handrail (12) which forms said conduit is inserted into/overlaps with a spout tube (46) to form a sealed fluid connection. Smith further teaches the provision of seals (53) between the handrail and the spout tube.
It would have been obvious to one of ordinary skill in the art to provide a seal at coupling/anchoring points and/or between the overlapping/coupled components of the handrail channel/conduit, as taught by Smith, to ensure a watertight seal along the fluid conduit thereby preventing loss of water or possible damage from water leaking into the deck structure.
Regarding claim 19, DE in view of Smith teaches a pool with a staircase within the pool provided with a handrail having a first portion vertically separated from and descending with the staircase as previously discussed. DE further states that the first handrail portion of the staircase handrail is supported vertically above the staircase by a second handrail portion extending downward from the first portion (annotated figure below).
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Regarding claim 20, DE further states that the first handrail portion of the staircase handrail is supported within the pool body and vertically above the staircase by a second handrail portion extending downward from the first portion (annotated figure below).
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Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over DE in view of Smith as applied to claim 4 above, and further in view of US 6,578,207 (Fratilla).
Regarding claim 5, DE establishes the provision of a pool staircase with a handrail that comprises water nozzles (channel exits) and functions as part of a water filtration and circulation system (DE Translation Para. 0030) and Smith teaches the providing such a filtration system return outlet/nozzle on a handrail beneath the waterline as previously discussed (Smith C8 L3-11). DE, however, despite stating the handrail and its associated nozzles function as part of a water filtration system, does not provide details of the nozzle/water channel exit arrangement such as whether it is aimed toward at least one stair step.
Fratilla teaches a water filtration system for a pool comprising a pool (92), a water filtration system (94/95) and a plurality of return fittings (10A-10E) (Fig. 9). Fratilla further teaches that the return fittings are in fluid communication with the filtration system and deliver/return filtered water to the pool with the fittings configured and aimed/directed such to circulate water throughout the pool into the filtration system (C2 L57- C3 L3) including explicitly teaches providing water channel exits of the filtration system which are directed at the steps of a pool stair to direct water across the steps of the stairs clearing debris and directing it toward the filtration system (C5 L55-59, C6 L1-6).
It would have been obvious to one of ordinary skill in the art to direct at least one channel exit toward a step of the pool staircase, as taught by Fratilla, so as to clear debris from the steps/entrain said debris into the filtration system and/or to more generally prevent the formation of ‘dead zones’/non-circulated/filtered areas of the pool which could become unsanitary or at least unsightly.
Regarding claim 6, DE establishes the provision of a pool staircase with a handrail that comprises water nozzles (channel exits) and functions as part of a water filtration and circulation system (DE Translation Para. 0030) and Smith teaches the providing such a filtration system return outlet/nozzle on a handrail beneath the waterline as previously discussed (Smith C8 L3-11). DE, however, despite stating the handrail and its associated nozzles function as part of a water filtration system, does not provide details of the nozzle/water channel exit arrangement such as whether it is aimed across at least one pool step.
Fratilla teaches a water filtration system for a pool comprising a pool (92), a water filtration system (94/95) and a plurality of return fittings (10A-10E) (Fig. 9). Fratilla further teaches that the return fittings are in fluid communication with the filtration system and deliver/return filtered water to the pool with the fittings configured and aimed/directed such to circulate water throughout the pool into the filtration system (C2 L57- C3 L3) including explicitly teaches providing water channel exits of the filtration system which are directed at and across the steps of a pool stair to direct water across the steps of the stairs clearing debris and directing it toward the filtration system (C5 L55-59, C6 L1-6).
It would have been obvious to one of ordinary skill in the art to direct at least one channel exit across a step of the pool staircase, as taught by Fratilla, so as to clear debris from the steps/entrain said debris into the filtration system and/or to more generally prevent the formation of ‘dead zones’/non-circulated/filtered areas of the pool which could become unsanitary or at least unsightly
Regarding claim 7, DE establishes the provision of a pool staircase with a handrail that comprises water nozzles and functions as part of a water filtration and circulation system (DE Translation Para. 0030) and Smith teaches the provision of at least one water inlet and at least one water outlet on a handrail to facilitate such a function as previously discussed. DE, despite stating the handrail and its associated nozzles function as part of a water filtration system, does not provide details of the nozzle/water channel exit arrangement such as whether it is aimed to cause debris to be removed from at least one step of the stairs.
Fratilla teaches a water filtration system for a pool comprising a pool (92), a water filtration system (94/95) and a plurality of return fittings (10A-10E) (Fig. 9). Fratilla further teaches that the return fittings are in fluid communication with the filtration system and deliver/return filtered water to the pool with the fittings configured and aimed/directed such to circulate water throughout the pool into the filtration system (C2 L57- C3 L3) including explicitly teaches providing water channel exits of the filtration system which are directed at the steps of a pool stair to direct water across the steps of the stairs clearing debris and directing it toward the filtration system (C5 L55-59, C6 L1-6).
It would have been obvious to one of ordinary skill in the art to direct at least one channel exit such that it clears debris from a step of the pool stairs, as taught by Fratilla, so as to clear debris from the steps/entrain said debris into the filtration system and/or to more generally prevent the formation of ‘dead zones’/non-circulated/filtered areas of the pool which could become unsanitary or at least unsightly
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over DE in view of Smith as applied to claim 1 above, and further in view of FR 2900720 (Gicquel).
Regarding claim 21, DE states that the staircase and handrail are part of a filtration and circulation system of the pool with the handle functioning as a water transport channel as previously discussed (Translation Para. 0030) while DE in view of Smith teaches providing the handrail with a water inlet as previously discussed to facilitate this functionality. DE, however, does not state the provision of a second fluid channel connected to and providing fluid to the water inlet of the handle from an aperture on the pool interior wall to the handrail inlet.
Gicquel teaches a fluid circulation system for a swimming pool comprising a railing assembly (1) wherein a first fluid channel is formed in the handrail (Figs. 1 and 2 depict an embodiment with hollow interiors of the railing acting as a conduit) comprising an inlet and an outlet as well as a second fluid channel (12/17/18; 22/P/F) which supplies water to the fist fluid channel in the railing. Gicquel further teaches the inlet of the second channel can comprise an inlet (17) inserted into the pool water (Fig. 5) or can be selected from a plurality of apertures in an interior wall of the pool (Fig. 6 – Circulation system including pool sidewall and bottom inlets 22 supplies water through pump P to the railing).
It would have been obvious to one of ordinary sill in the art to source water for the handrail channel inlet from within the pool through the pool wall and through the use of a pump, as taught by Gicquel, so as to lower costs and/or simplify designs/work by utilizing existing or already planned or existing filtration/circulation systems, to ensure proper circulation/filtration of all the pool water and/or to facilitate movement of water in a desired manner regardless of conduit/pipe layouts
Regarding claim 22, DE states that the staircase and handrail are part of a filtration and circulation system of the pool with the handle functioning as a water transport channel as previously discussed (Translation Para. 0030) while DE in view of Smith teaches providing the handrail with a water inlet as previously discussed to facilitate this functionality. DE, however, does not state the provision of a second fluid channel connected to and providing fluid to the water inlet of the handle from an aperture on the pool interior wall remote from the handrail to the handrail inlet.
Gicquel teaches a fluid circulation system for a swimming pool comprising a railing assembly (1) wherein a first fluid channel is formed in the handrail (Figs. 1 and 2 depict an embodiment with hollow interiors of the railing acting as a conduit) comprising an inlet and an outlet as well as a second fluid channel (12/17/18; 22/P/F) which supplies water to the fist fluid channel in the railing. Gicquel further teaches the inlet of the second channel can comprise an inlet (17) inserted into the pool water (Fig. 5) or can be an aperture in an interior wall of the pool at one of a plurality of locations remote from the railing (Fig. 6 – Circulation system including pool sidewall and bottom inlets 22 supplies water through pump P to the railing).
It would have been obvious to one of ordinary sill in the art to source water for the handrail channel inlet from within the pool through the pool wall remote/distal from the handrail and through the use of a pump, as taught by Gicquel, so as to lower costs and/or simplify designs/work by utilizing existing or already planned or existing filtration/circulation systems, to ensure proper circulation/filtration of all the pool water and/or to facilitate movement of water in a desired manner regardless of conduit/pipe layouts.
Regarding the positioning of the aperture in the pool wall being distal/remote from the handrail, it is noted that Gicquel teaches sourcing the water from multiple such apertures including in a sidewall and in a bottom of the pool. As the inlets are remote from each other, and remotely located from the exterior railing, it establishes utilizing remote inlets from various locations in the pool. As discussed above such a selection would better ensure/facilitate proper filtration/circulation of the pool water.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4,193,143 (Vianna) teaches the provision of a water channel in a handrail of a pool which returns filtered water through a plurality of channel exits formed on the handrail and directed in different directions and elevations to ensure full water circulations and filtration in the pool.
US 4,512,042 (Striegel) teaches a pool comprising a handrail for its stairs which also functions ad a water channel
US 6,132,318 (Briggs) teaches a recreational structure comprising a pool and a plurality of railings comprising internal channels for delivering water throughout the structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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