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 .
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 1-15 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.
Claim 1 recites “a cavity to store and dispense a plurality of chlorine tablets”. Claim 9 recites “one of the chlorine tablets are gradually released through the cylindrical chamber”. Claims 1 and 8 are deemed indefinite because it is unclear if “a plurality of chlorine tablets” is an element of the claimed decorative chlorine disperser apparatus. Claims 1 and 8 may be understood as either requiring or not requiring a plurality of chlorine tablets.
Claims 2-6 and 9-15 are also rejected by virtue of the claim dependency.
Claim 1 recites “a lower member comprising a cavity” and “the lower member comprises a cylindrical chamber”. Claim 1 is deemed indefinite because it is unclear what structural relationship exist between the cavity and the cylindrical chamber, which are both components of the claimed lower member.
Claim 13 recites “the decorative chlorine dispenser includes a thermometer to detect temperature of water in the pool”. Claim 13 is deemed indefinite because it is unclear how or what structural relationship the claimed “thermometer” has to the claimed upper member and/or lower member limitations. Claims 14-15 are indefinite for similar reasoning.
Rejections based on US 371
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 7-9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by US 6432371 B1 (hereinafter US 371).
Regarding claim 1, US 371 discloses a decorative chlorine dispenser (see US 371 abstract, figure 1 and col 1 lines 10-18).
US 371 discloses an upper member comprising a decorative interface in which the upper member is swapped out as needed to change a decorative aesthetic of the decorative chlorine dispenser (see US 371 figure 1 elements 22, 18 and 14 as upper member; col 4 lines 6-29).
US 371 discloses that “purpose of the three dimension ornamental structure 18 is to add interest and versatility to the overall product. Accordingly, this ornamental structure can be any design or any form and thus represent any sporting event” (see US 371 col 4 lines 6-10). Hence, US 371 discloses a decorative interface in which the upper member is capable of being swapped out for various other decorative elements, such as sporting equipment, which changes the aesthetic of the decorative chlorine dispenser.
US 371 discloses the upper member (see US 371 figure 1 elements 18, 22, and 14 and col 4 line 64 – col 4 line 29) comprises an upper member housing (see US 371 figure 1 elements 22 and 14) with a decorative element disposed on a top surface of an upper member housing (see US 371 figure 1 element 18).
US 371 discloses a lower member (see US 371 figure 1 elements 12, 26, 28 and 20 and col 4 lines 30-44 & 46-53; col 5 lines 3-6) comprising a cavity (see US 371 figure 1 inside of element 12 and col 3 lines 58-62; col 1 lines 10-12; col 1 lines 59-61; col 4 lines 46-53) to store and dispense a plurality of chlorine tablets, the lower member comprises a cylindrical chamber (see US 371 figure 1 element 12, abstract, col 2 lines 2-6; col 4 lines 15-22) with a plurality of parallel slots (see US 371 figure 1 element 26 and col 4 lines 7-14 & 34-45 and claim 3), and the cylindrical chamber extends downward from the lower member (see US 371 figure 1 elements 12 and 20; col 2 lines 2-6; col 4 lines 15-22).
Regarding claim 7, US 371 discloses the invention as discussed above in claim 1. Further, US 371 discloses the cylindrical chamber extends downward from the lower member such that the cylindrical chamber is disposed underwater when in a pool (see rejection of claim 1).
Regarding claim 8, US 371 discloses the invention as discussed above in claim 1. Further, US 371 discloses the cylindrical chamber is hollow (see rejection of claim 1).
Regarding claim 9, US 371 discloses the invention as discussed above in claim 8. Further, US 371 discloses one of the chlorine tablets are gradually released through the cylindrical chamber (see rejection of claim 1).
Further, the limitation “are gradually released through the cylindrical chamber” is a functional feature of the claimed decorative chlorine dispenser and/or chlorine tablets. Herein, the structure of US 371 is substantially identical to the claimed decorative chlorine dispenser of the present application, and therefore, the structure of US 371 is presumed inherently capable of chlorine tablets are gradually released through the cylindrical chamber.
Regarding claim 13, US 371 discloses the invention as discussed above in claim 1. Further, US 371 discloses the decorative chlorine dispenser includes a thermometer to detect temperature of water in the pool (see US 371 col 6 lines 7-14).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-6, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 371.
Regarding claim 2, claim 3, claim 4, claim 5 and claim 6, US 371 discloses the invention as discussed above in claim 11. Further, US 371 US 371 discloses that “purpose of the three dimension ornamental structure 18 is to add interest and versatility to the overall product. Accordingly, this ornamental structure can be any design or any form and thus represent any sporting event, such as, but not limited to collegiate, professional, or amateur football; collegiate, professional, or amateur basketball;… collegiate, professional, or amateur baseball;… collegiate, professional, or amateur soccer;… collegiate, professional, or amateur golfing;… …. animated objects; … the top portion of the container could be shaped as a football (see US 371 col 4 lines 6-25). US 371 discloses that the “base 22 can also be decorated, as deemed appropriate. For example, if the ornamental object 18 is a football or a football helmet, then the top surface of the base can be designed to depict a football field) (see US 371 col 4 lines 26-29).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the decorative element of US 371 to be a sporting equipment element, such as a basketball, a football, a baseball, a soccer ball, or a golf ball, as suggested in US 371 (see US 371 col 4 lines 6-29), because it would be aesthetically pleasing to a particular sporting fan, i.e. a basketball fan, a football fan, a baseball fan, a soccer fan, or a golf fan.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the decorative element of US 371 to be a sporting equipment element, such as a basketball, a football, a baseball, a soccer ball, or a golf ball, as suggested in US 371 (see US 371 col 4 lines 6-29), because matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04, I). Herein, the change in sporting equipment does not change the mechanical function of the claimed decorative chlorine dispenser.
Regarding claim 10, US 371 discloses the invention as discussed above in claim 11. Further, US 371 does not disclose the upper member and the lower member comprise a fastener formed therebetween.
US 371 discloses a removable lid (20) that is secured to the container (12) (see US 371 abstract, figures 1-2; col 1 lines 63-66). US 371 discloses a base (22) with an ornamental object (18) that can be can be changed to any design or any form (see Us 371 figure 1; col 2 lines 23-26 & 38-41; col 4 lines 6-30). US 371 discloses “unique arrangement is unlimited in design structure by enabling any desirable structure to be located on the upper end of the container body” (see US 371 col 4 lines 22-25).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the base (22) with an ornamental object (18) and upper end (14) of the container (12) of US 371 to incorporate a removable element, as disclosed in US 371, because it would assist with achieving the “unique arrangement is unlimited in design structure by enabling any desirable structure to be located on the upper end of the container body” (see US 371 col 4 lines 22-25).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the base (22) with an ornamental object (18) and upper end (14) of the container (12) of US 371 to incorporate a removable element, as disclosed in US 371, because it would assist with providing one of ordinary skill in the art with another access point to the cavity of the container (12).
One of ordinary skill in the art, such as a chemical engineer with a Bachelors of Science, would have the capacity to modify the apparatus of US 371 to be modify the base (22) with an ornamental object (18) and upper end (14) of the container (12) of US 371 to incorporate a removable lid feature, as disclosed in US 371.
Regarding claim 11, US 371 discloses the invention as discussed above in claim 11. Further, US 371 discloses the fastener secures the lower member to the upper member (see rejection of claim 10).
Regarding claim 12, US 371 discloses the invention as discussed above in claim 11. Further, US 371 discloses the fastener is a threaded fastener (see rejection of claim 10).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 371 as applied to claim 13 above, and further in view of https://www.poolweb.com/products/pool-and-spa-thermometer?srsltid=AfmBOoq2IqGkcQIIfR0ojsTuIgIKC2uv1cQk_YmX8sP45PgC0m2m5nFt (retrieved on September 16, 2025; published January 10, 2018) (hereinafter NPL)
Regarding claim 14, US 371 discloses the invention as discussed above in claim 11. Further, US 371 does not disclose the thermometer is a mercury thermometer.
NPL discloses a mercury thermometer for determining the temperature of a pool (see NPL pages 1-2 and 4). NPL discloses the thermometer is provides the temperature of the pool in “Fahrenheit and Celsius scale in sealed glass tube” (see NPL page 2).
NPL is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. a pool care item and/or apparatus needed to care for a pool.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 371 by incorporating a mercury thermometer, such as disclosed in NPL, to be a component of the decorative chlorine dispenser because it would assist with the care of the pool and/or because it would assist with providing one of ordinary skill in the art with additional information, i.e. temperature, of the pool.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 371 as applied to claim 13 above, and further in view of https://www.poolweb.com/collections/clocks-and-thermometers/products/digital-floating-thermometer-solar-and-battery-powered (retrieved on September 16, 2025; published January 10, 2018) (hereinafter Poolweb)
Regarding claim 15, US 371 discloses the invention as discussed above in claim 11. Further, US 371 does not disclose the thermometer is a digital thermometer.
Poolweb discloses a digital thermometer for determining the temperature of a pool (see Poolweb page 1 and 2). Poolweb discloses the digital thermometer can be battery powered (see Poolweb page 2). Poolweb discloses the digital thermometer is “Easy to read Fahrenheit and Celsius LCD display - 32 degrees F to 122 degrees” (see Poolweb page 2).
Poolweb is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. a pool care item and/or apparatus needed to care for a pool.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 371 by incorporating a digital thermometer, such as disclosed in Poolweb, to be a component of the decorative chlorine dispenser because it would assist with the care of the pool and/or because it would assist with providing one of ordinary skill in the art with additional information, i.e. temperature, of the pool.
Rejections based on US 300
Claim(s) 1, and 7-12 us/are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by US 20040175311 A1 (hereinafter US 311).
Regarding claim 1, US 311 discloses a decorative chlorine dispenser (see US 311 abstract, figures 1-6) comprising an upper member comprising a decorative interface in which the upper member is swapped out as needed to change a decorative aesthetic of the decorative chlorine dispenser, the upper member comprises an upper member housing with a decorative element disposed on a top surface of an upper member housing (see US 311 figures 1-3/the floatation cap 4/releasable communication portion 14; paragraphs 0009, 0015, 0032, 0034, 0038); and
a lower member comprising a cavity to store and dispense a plurality of chlorine tablets, the lower member comprises a cylindrical chamber with a plurality of parallel slots, and the cylindrical chamber extends downward from the lower member (see US 311 figures 1A-6 & 8A/first body 8/solute dispensing unit 6/second body 12/plurality of apertures 32, 42, 50/body of liquid 5 and paragraphs 0005, 0009, 0015-0016, 0033-0039; claims 13 and 15).
Regarding claim 7, US 311 discloses the invention as discussed above in claim 1. Further, US 311 discloses the cylindrical chamber extends downward from the lower member such that the cylindrical chamber is disposed underwater when in a pool (see rejection of claim 1).
Regarding claim 8, US 311 discloses the invention as discussed above in claim 1. Further, US 311 discloses the cylindrical chamber is hollow (see rejection of claim 1).
Regarding claim 9, US 311 discloses the invention as discussed above in claim 1. Further, US 311 discloses one of the chlorine tablets are gradually released through the cylindrical chamber (see rejection of claim 1).
As noted above, claim 9 is deemed indefinite. Claim 9 may be understood as comprising chlorine tablets or of being capable of gradually releasing one of the chlorine tablets through the cylindrical chamber. Herein, US 371 is capable of gradually releasing one of the chlorine tablets through the cylindrical chamber (see US 371 paragraphs 0011, 0033 & 0039). Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Regarding claim 10, US 311 discloses the invention as discussed above in claim 1. Further, US 311 discloses the upper member and the lower member comprise a fastener formed therebetween (see US 311 figures 2-4A, 5 & 6/thread 22/lock 18/tab 19/bump 20 and paragraph 0038).
Regarding claim 11, US 311 discloses the invention as discussed above in claim 10. Further, US 311 discloses the fastener secures the lower member to the upper member (see rejection of claims 1 & 10).
Regarding claim 12, US 311 discloses the invention as discussed above in claim 10. Further, US 311 discloses the fastener is a threaded fastener (see rejection of claims 1 & 10).
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20040175311 A1
Regarding claim 8, US 311 discloses the invention as discussed above in claim 1. Further, US 311 discloses the cylindrical chamber is hollow (see rejection of claim 1).
In the alternative, if US 311 does not disclose a “the cylindrical chamber is hollow”, then this feature is nonetheless rendered obvious by US 311.
That is, the solute-dispensing unit 6/first body 8/second body 12 must be initially empty at a point prior utilization. The solute-dispensing unit 6/first body 8/second body 12 can be empty at any point in time, including during manufacturing. When the solute-dispensing unit 6/first body 8/second body 12 is empty at a point in time, including during manufacturing, said solute-dispensing unit 6/first body 8/second body 12 is deemed initially empty. Thus, since the solute-dispensing unit 6/first body 8/second body 12 would be manufactured empty, it is obvious that it is unfilled at least at one point in time. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that US 371 renders obvious the cylindrical chamber is hollow.
Regarding claim 9, US 311 discloses the invention as discussed above in claim 1. Further, US 311 discloses one of the chlorine tablets are gradually released through the cylindrical chamber (see rejection of claim 1).
As noted above, claim 9 is deemed indefinite. Claim 9 may be understood as comprising chlorine tablets or of being capable of gradually releasing one of the chlorine tablets through the cylindrical chamber. Herein, US 371 is capable of gradually releasing one of the chlorine tablets through the cylindrical chamber (see US 371 paragraphs 0011, 0033 & 0039). Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 311 as applied to claim 13 above, and further in view of https://www.poolweb.com/products/pool-and-spa-thermometer?srsltid=AfmBOoq2IqGkcQIIfR0ojsTuIgIKC2uv1cQk_YmX8sP45PgC0m2m5nFt (retrieved on September 16, 2025; published January 10, 2018) (hereinafter NPL).
Regarding claim 13, US 311 discloses the invention as discussed above in claim 1. Further, US 371 does not disclose the decorative chlorine dispenser includes a thermometer to detect temperature of water in the pool.
NPL discloses a mercury thermometer for determining the temperature of a pool (see NPL pages 1-2 and 4). NPL discloses the thermometer is provides the temperature of the pool in “Fahrenheit and Celsius scale in sealed glass tube” (see NPL page 2).
NPL is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. a pool care item and/or apparatus needed to care for a pool.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 311 by incorporating a thermometer, such as disclosed in NPL, to be a component of the decorative chlorine dispenser because it would assist with the care of the pool and/or because it would assist with providing one of ordinary skill in the art with additional information, i.e. temperature, of the pool.
Regarding claim 14, US 311 in view of NPL discloses the invention as discussed above in claim 11. Further, US 311 in view of NPL discloses the thermometer is a mercury thermometer (see rejection of claim 13).
Claim(s) 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 371 as applied to claim 13 above, and further in view of https://www.poolweb.com/collections/clocks-and-thermometers/products/digital-floating-thermometer-solar-and-battery-powered (retrieved on September 16, 2025; published January 10, 2018) (hereinafter Poolweb).
Regarding claim 13, US 311 discloses the invention as discussed above in claim 1. Further, US 371 does not disclose the decorative chlorine dispenser includes a thermometer to detect temperature of water in the pool.
Poolweb discloses a digital thermometer for determining the temperature of a pool (see Poolweb page 1 and 2). Poolweb discloses the digital thermometer can be battery powered (see Poolweb page 2). Poolweb discloses the digital thermometer is “Easy to read Fahrenheit and Celsius LCD display - 32 degrees F to 122 degrees” (see Poolweb page 2).
Poolweb is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. a pool care item and/or apparatus needed to care for a pool.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify US 311 by incorporating a digital thermometer, such as disclosed in Poolweb, to be a component of the decorative chlorine dispenser because it would assist with the care of the pool and/or because it would assist with providing one of ordinary skill in the art with additional information, i.e. temperature, of the pool.
Regarding claim 15, US 311 in view of Poolweb discloses the invention as discussed above in claim 11. Further, US 311 in view of Poolweb discloses the thermometer is a digital thermometer (see rejection of claim 13).
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 311 as applied to claim 1 above, and further in view of US D518,870 S (hereinafter US D 870).
Regarding claim 2, US 311 discloses the invention as discussed above in claim 1. Further, US 311 does not disclose the decorative element is a basketball ball figurine.
US D 870 discloses a floating chlorine dispenser comprising a basketball as the top decorative element (see US D 870 figures 1-5). US D 870 discloses that a screw mechanism is used to connect the top portion, which illustrates a basketball, and the bottom portion, which illustrates a dispensing container (see US D 870 discloses figures 1, 3, 5).
US D 870 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. floating chlorine dispenser.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the animal design floatation cap, as disclosed in US 311, with a basketball, as disclosed in US D 870, because US 311 discloses that the “floatation cap 4 may have any desired shape or configuration, typically aesthetically pleasing designs are preferable … “ (see US 311 paragraph 0032).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the animal design floatation cap, as disclosed in US 311, to be a sporting element, such as a basketball, as disclosed in US D 870, because matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04, I). Herein, the change in design of the floatation cap does not change the mechanical function of the claimed decorative chlorine dispenser.
Regarding claims 3-6, US 311 in view of US D 870 discloses the invention as discussed above in claim 1. Further, US 311 in view of US D 870 does not disclose the decorative element is a football ball figurine, as recited in claim 3, does not disclose the decorative element is a baseball ball figurine, as recited in claim 4, does not disclose the decorative element is a soccer ball figurine, as recited in claim 5, and does not disclose the decorative element is a golf ball figurine, as recited in claim 6.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the basketball topper, as disclosed in US 311 in view of US D 870, with another sporting ball, such as a football ball, a baseball ball, a soccer ball figurine, or a golf ball figurine, because US 311 discloses that the “floatation cap 4 may have any desired shape or configuration, typically aesthetically pleasing designs are preferable … “ (see US 311 paragraph 0032).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the basketball topper, as disclosed in US 311 in view of US D 870, with another sporting ball, such as a football ball, a baseball ball, a soccer ball figurine, or a golf ball figurine, because matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04, I). Herein, the change in design of the floatation cap does not change the mechanical function of the claimed decorative chlorine dispenser.
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 311 as applied to claim 1 above, and further in view of US D512,481 S (hereinafter US D 481).
Regarding claim 3, US 311 discloses the invention as discussed above in claim 1. Further, US 311 does not disclose the decorative element is a football ball figurine.
US D 481 discloses a floating chlorine dispenser comprising a football as the top decorative element (see US D 481 figures 1-5). US D 481 discloses that a screw mechanism is used to connect the top portion, which illustrates a football, and the bottom portion, which illustrates a dispensing container (see US D 481 discloses figures 1, 3, 5).
US D 481 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. floating chlorine dispenser.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the animal design floatation cap, as disclosed in US 311, with a football, as disclosed in US D 481, because US 311 discloses that the “floatation cap 4 may have any desired shape or configuration, typically aesthetically pleasing designs are preferable … “ (see US 311 paragraph 0032).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the animal design floatation cap, as disclosed in US 311, to be a sporting element, such as a basketball, as disclosed in US D 481, because matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04, I). Herein, the change in design of the floatation cap does not change the mechanical function of the claimed decorative chlorine dispenser.
Regarding claims 2 and 4-6, US 311 in view of US D 481 discloses the invention as discussed above in claim 1. Further, US 311 in view of US D 481 does not disclose the decorative element is a basketball ball figurine, as recited in claim 2, does not disclose the decorative element is a baseball ball figurine, as recited in claim 4, does not disclose the decorative element is a soccer ball figurine, as recited in claim 5, and does not disclose the decorative element is a golf ball figurine, as recited in claim 6.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the football topper, as disclosed in US 311 in view of US D 481, with another sporting ball, such as a basketball ball, a baseball ball, a soccer ball figurine, or a golf ball figurine, because US 311 discloses that the “floatation cap 4 may have any desired shape or configuration, typically aesthetically pleasing designs are preferable … “ (see US 311 paragraph 0032).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the football topper, as disclosed in US 311 in view of US D 481, with another sporting ball, such as a basketball ball, a baseball ball, a soccer ball figurine, or a golf ball figurine, because matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04, I). Herein, the change in design of the floatation cap does not change the mechanical function of the claimed decorative chlorine dispenser.
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 311 as applied to claim 1 above, and further in view of US D518,554 S (hereinafter US D 554).
Regarding claim 4, US 311 discloses the invention as discussed above in claim 1. Further, US 311 does not disclose the decorative element is a baseball ball figurine.
US D 554 discloses a floating chlorine dispenser comprising a baseball as the top decorative element (see US D 554 figures 1-6). US D 554 discloses that a screw mechanism is used to connect the top portion, which illustrates a baseball, and the bottom portion, which illustrates a dispensing container (see US D 554 discloses figures 1, 3, 5).
US D 554 is considered to be analogous to the claimed invention because it is in the same field of endeavor, i.e. floating chlorine dispenser.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the animal design floatation cap, as disclosed in US 311, with a football, as disclosed in US D 554, because US 311 discloses that the “floatation cap 4 may have any desired shape or configuration, typically aesthetically pleasing designs are preferable … “ (see US 311 paragraph 0032).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the animal design floatation cap, as disclosed in US 311, to be a sporting element, such as a basketball, as disclosed in US D 554, because matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04, I). Herein, the change in design of the floatation cap does not change the mechanical function of the claimed decorative chlorine dispenser.
Regarding claims 2, 3, 5 and 6, US 311 in view of US D 554 discloses the invention as discussed above in claim 1. Further, US 311 in view of US D 554 does not disclose the decorative element is a basketball ball figurine, as recited in claim 2, does not disclose the decorative element is a football ball figurine, as recited in claim 3, does not disclose the decorative element is a soccer ball figurine, as recited in claim 5, and does not disclose the decorative element is a golf ball figurine, as recited in claim 6.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the baseball topper, as disclosed in US 311 in view of US D 554, with another sporting ball, such as a basketball ball, a football ball, a soccer ball figurine, or a golf ball figurine, because US 311 discloses that the “floatation cap 4 may have any desired shape or configuration, typically aesthetically pleasing designs are preferable … “ (see US 311 paragraph 0032).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify and/or substitute the baseball topper, as disclosed in US 311 in view of US D 554, with another sporting ball, such as a basketball ball, a baseball ball, a soccer ball figurine, or a golf ball figurine, because matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04, I). Herein, the change in design of the floatation cap does not change the mechanical function of the claimed decorative chlorine dispenser.
Other Applicable Prior Art
All other art cited not detailed above in a rejection is considered relevant to at least some portion or feature of the current application and is cited for possible future use for reference. Applicant may find it useful to be familiar with all cited art for possible future rejections or discussion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERNADETTE K MCGANN whose telephone number is (571)272-5367. The examiner can normally be reached M-F 7:00 am -3:30 pm (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Magali P. Slawski can be reached on 571-270-3960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BERNADETTE KAREN MCGANN/Examiner, Art Unit 1773
/Magali P Slawski/ Supervisory Patent Examiner, Art Unit 1773