DETAILED ACTION
This is the Final Office Action for application number 118/234,249 - NON-INFLATABLE ABOVE-GROUND POOL, filed on 8/15/23. Claims 1-24 are pending. Claims 3-4, 6 and 13-22 have been withdrawn. Claims 1-2, 5, 7-12, 23 and 24 remain for examination. This Final Office Action is in response to applicant’s reply dated 5/4/26. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant's amendment necessitated any new ground(s) of rejection presented in this Office action.
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, 5 and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Softub, Inc. (WO 94/0368) (hereinafter Softub also known as US 5,283,915 to Idland et al.) in view of Hansen et al. (US 5,799,345).
Regarding Claim 1 Softub shows a non-inflatable above-ground pool (10; Figs. 1-3 and 12-14), comprising: a pool bottom (13) comprising an upper bottom sheet (at 23d) and a lower bottom sheet (13a; Fig. 3) connected to each other (Fig. 3); and a pool wall (12) connected to an edge of the pool bottom (Fig. 3), such that the pool bottom and pool wall together enclose a water storage cavity (shown at 34; Fig. 2), wherein the pool wall comprises: an inner wall (23a; towards water storage cavity) comprising a lower edge (connected to the bottom; Figs. 2 & 3) connected to the lower bottom sheet (at 23d, via 13a), an outer wall (23b; away from the water storage cavity), a top sheet (23c; Fig. 3) connected to an upper edge of each of the inner wall and the outer wall, such that the inner wall, the outer wall, and the top sheet together enclose a filling chamber (at 14), and a support wall body (14) disposed within the filling chamber (Figs. 2-3).
Softub fails to show the support wall body including a plurality of support units, and a top portion of each of the plurality of support units protrudes out of the water storage cavity. However, Hansen shows a plurality of support units (12, 13) making up the support wall body (note, col. 2 lines 52-67 and col. 3, lines 0-6) and a top portion of each of the plurality of support units protrudes out of the water storage cavity (Figs. 3 & 5; shown near 77). Hansen provides a top portion of the plurality of support units protrudes out of the water storage cavity for providing a connecting place for a cover. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Softub to include the support wall body including a plurality of support units, and a top portion of each of the plurality of support units protrudes out of the water storage cavity for the purpose of making the assembly modular and for providing a connection place for a cover as shown by Hansen.
Regarding Claim 2 Softub shows the non-inflatable above-ground pool according to claim 1, wherein the outer wall comprises a lower edge (at 23e) connected to the lower bottom sheet (where 23e and 13a connect).
Regarding Claim 5 Softub shows the non-inflatable above-ground pool according to claim 1, wherein the lower edge of the inner wall is bent in one of a direction towards and a direction away (Fig. 3) from the outer wall, at a location at which the lower edge of the inner wall is connected to the lower bottom sheet (via 23d via 13a).
Regarding Claim 9 Softub shows the non-inflatable above-ground pool according to claim 1, wherein the support wall body is made of an expanded polyethylene foam (pages 6 -7).
Regarding Claim 10 Softub shows the non-inflatable above-ground pool according to claim 1, further comprising: a control box (60) comprising a water pump (40); a water inlet pipe (31) extending through the pool wall and through a first opening (at 31; Fig. 3) in the support wall body and a water outlet pipe (30a) extending through the pool wall and through outlet pipes of the pump that pass through the support wall be through the same (first) opening for the purpose of only needing to seal one opening rather than several as shown by Softub.
Regarding Claim 11 Softub shows the non-inflatable above-ground pool according to claim 10, wherein the control box further comprises: an air pump (610 acts as an air pump via venturi and 633; note, pages 23-24); an air inlet pipe (632) extending through the pool wall and through a second opening in the support wall body (Fig. 31), wherein the air pump is in fluid communication with the water storage cavity via the air inlet pipe (Fig. 31).
Regarding Claim 12 Softub shows the non-inflatable above-ground pool according to claim 1, further comprising: a water discharge pipe (at 301, 303) extending through the pool wall and through a third opening (at 301 and 303) in the support wall body passes.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Softub, Inc. (WO 94/0368) in view of Hansen et al. (US 5,799,345) in view of Lin et al. (US Pub. 2019/0085576).
Regarding Claim 7 Softub shows the non-inflatable above-ground pool according to claim 1, but fails to show wherein the pool bottom further comprises a surrounding strip, which is connected to an edge of the upper bottom sheet and connected to the lower bottom sheet to thereby enclose a wave-making channel that is in fluid communication with the water storage cavity. However, Lin teaches a pool bottom having a surrounding strip (shown at 388 and 390; Fig. 24), which is connected to an edge of the upper bottom sheet and connected to the lower bottom sheet (Fig. 24) to thereby enclose a wave-making channel (390) that is in fluid communication with the water storage cavity (via 392). Lin suggests that the usage of the wave making channel provides, the benefit of discharging air to the water storage cavity to create massaging air bubbles (¶ [0140]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Softub to include a surrounding strip connected to the upper and bottom sheet for the purpose of providing wave-like massaging bubbles in the pool as shown by Lin.
Regarding Claim 8 Softub as combined above with Lin shows the non-inflatable above-ground pool according to claim 7, wherein the surrounding strip comprises an outer edge portion extending from a position where the surrounding strip is connected to the lower bottom sheet toward the pool wall, and wherein the outer edge portion is connected to the lower edge of the inner wall (Fig. 24 shown at 388).
Claim(s) 23 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Softub, Inc. (WO 94/0368) (hereinafter Softub also known as US 5,283,915 to Idland et al.) in view of Hansen et al. (US 5,799,345) in further view of Zhang et al. (US Pub. 2016/0376800).
Regarding Claim 23 Softub shows the non-inflatable above-ground pool of claim 1, further comprising but fails to show a first connecting sheet, wherein a lower edge of the first connecting sheet is detachably connected to the upper edge of the outer wall via a connecting component. However, Hansen shows a first connecting sheet (shown at 13b; Fig. 3), wherein a lower edge of the first connecting sheet is component for detachably connecting portions of the out and inner walls (¶ 0026]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Softub to include a first connecting sheet detachably connected to the upper edge of the outer wall via a connecting component as shown by Hansen and Zhang for the purpose of access to the wall units for maintenance.
Regarding Claim 24 Softub as combined shows the non-inflatable above-ground pool of claim 23, but fails to show wherein an upper edge of the first connecting sheet is connected to an outer edge of the top sheet. However, Hansen shows connecting an upper edge of 23c to an outer edge of 23a. Therefore because Hansen suggest connecting the upper edge to an outer edge, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Softub as combined to include connecting the upper edge of the first connecting sheet to an outer edge of the top sheet as suggested by Hansen for the purpose of providing smaller discreet sheets for easier manufacturing and lower material costs.
Terminal Disclaimer
The terminal disclaimer filed on 5/4/26 disclaiming the terminal portion of any patent granted on this application has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed 5/4/26 have been fully considered but they are not persuasive. Applicant arguments with regard to the current amendment have been addressed above in the body of this action.
Applicants argues with regard to claim 7 that in the combination of Softub and Lin, Lin fails to show an edge of an upper bottom sheet and a lower bottom sheet and the connection of the wave-making channel to the upper and lower bottom sheets. However, Softub already shows and details upper and bottom sheets as noted in claim 1, and Lin shows the wave making channel 388 as connected to both the upper and lower bottom sheets via the portion that connects 104 to 388. In order for the wave making channel to expel air as design the channel would necessarily need to be sealed for air containment through 392. As such in combination the wave-making channel would connected to upper and bottom sheets as least via the connection as shown in Fig. 24 via the portion between 104 and 388. As such, Softub and Lin in combination show the claim language in full and the rejection has been maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liu (US 7,464,417) shows a connecting strip; Hald et al. (US 6,003,166) shows the general state of the art.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached on Monday thru Thursday, 9:30 AM to 6PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID ANGWIN can be reached on 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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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 5/27/2026
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