DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 12/3/2025 have been fully considered but they are not persuasive. Applicant argues holding strip (58) of Benjamin (US 4290154) is not intentional for blocking water and the rib (68) is not for sealing water (Applicant Arguments/Remarks, p. 9-10). Examiner disagrees. Benjamin discloses the holding strip can be solvent welded to the skirt and is suitably formed out of a thermoplastic or the like (col. 5, ll. 31-35; col. 6, ll. 23-28); solvent welding and thermoplastic materials can be used for blocking water. In any event, Fritsche (US 1939115) is now additionally relied upon to teach a watertight joint as set forth below. Furthermore, Applicant argues holding strips (58) are not arranged on two adjacent sides of the tub (Applicant Arguments/Remarks, p. 10). Examiner disagrees. Benjamin discloses the tub is installed against two walls in Fig. 7, a variety of installations without regard whether the bathtub is placed against three walls, two walls, or one wall (col. 1, ll. 58-68), and element 58 is used when the tub is located next to one or more walls (col. 5, ll. 1-4).
Applicant's arguments with respect to claim(s) 1-20 regarding the first water baffle body and the first seal protrusion are of a split and assembled structure (Applicant Arguments/Remarks, p. 10) 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benjamin (US 4290154) in view of Fritsche (US 1939115).
Regarding claim 1, Benjamin discloses a water baffle assembly, provided for a bathtub body (12-14, 16, 18, 20) to prevent water in the bathtub body from flowing into a gap (gap between the wall and 58; see Fig. 6) between a wall (walls shown in Fig. 4-7) and a top edge (24, 26, 28) of the bathtub body (col. 5, ll. 31-35; col. 6, ll. 23-28; solvent welding and thermoplastic materials can be used for blocking water), wherein the water baffle assembly comprises water baffles (58; col. 1, ll. 58-68, col. 5, ll. 1-4), a portion of the water baffles of the water baffle assembly is arranged to be capable of forming a single-side water-blocking member (col. 5, ll. 31-35; col. 6, ll. 23-28; solvent welding and thermoplastic materials can be used for blocking water) and is installed at one top edge (24, 26, 28) of one side (18) of the bathtub body; or, at least two water baffles of the water baffle assembly are arranged to be capable of being spliced to form a double-side water-blocking member, and are installed at two top edges of two adjacent sides of the bathtub body, wherein at least one water baffle of the water baffle assembly comprises a first water baffle body (60) and a first seal protrusion (68, 70) disposed at a side of the first water baffle body and arranged to be in a first sealing fit (col. 5, ll. 31-35; col. 6, ll. 23-28; solvent welding and thermoplastic materials can be used for blocking water) with the top edge of the bathtub body.
However, Benjamin does not disclose the first water baffle body and the first seal protrusion are of a split and assembled structure as claimed.
Fritsche discloses a watertight joint wherein the first water baffle body (13) and the first seal protrusion (17) are of a split and assembled structure (see Fig. 2-3). It would have been obvious to one of ordinary skill in the art to have modified the first water baffle body and the first seal protrusion of Benjamin, to be of a split and assembled structure as claimed, as taught by Fritsche, since it was known in the art to use a strip and suitable packing to form a water-tight seal along the top lip of the tub to prevent splashing water seeping in between the tub and the wall (col. 2, ll. 81-110).
Regarding claim 2, the combination above and specifically Benjamin further discloses the water baffle assembly comprises at least three water baffles (see Fig. 4-7; col. 1, ll. 58-68; col 5, ll. 1-13), the at least three water baffles of the water baffle assembly are arranged to be capable of being spliced to form a triple-side water-blocking member (58 is capable of being installed on three walls; see Fig. 4-7; col. 1, ll. 58-68; col 5, ll. 1-13) and being installed at top edges of three sides of the bathtub body (see Fig. 4-7; col. 1, ll. 58-68; col 5, ll. 1-13).
Regarding claim 3, the combination above and specifically Benjamin further discloses the water baffles are in a shape of straight line (see Fig. 3), and the water baffle assembly further comprises a water baffle elbow (elbow section shown in Fig. 7 joining the water baffles of more than one wall, col. 1, ll. 58-68, col. 5, ll. 1-4); one water baffle of the water baffle assembly forms the single-side water-blocking member (see Fig. 3 and 6-7); or two water baffles of the water baffle assembly are connected through the water baffle elbow to form the L-shaped double-side water-blocking member; or three water baffles of the water baffle assembly are connected sequentially through two water baffle elbows to form the U-shaped triple-side water-blocking member.
Regarding claim 4, the combination above and specifically Benjamin further discloses the water baffle elbow comprises a second water baffle body (60 of the elbow section shown in Fig. 7 joining the water baffles of more than one wall, col. 1, ll. 58-68, col. 5, ll. 1-4) and a second seal protrusion (68, 70 of the elbow section shown in Fig. 7 joining the water baffles of more than one wall, col. 1, ll. 58-68, col. 5, ll. 1-4) disposed at a side of the second water baffle body and arranged to be in a second sealing fit (col. 5, ll. 31-35; col. 6, ll. 23-28; solvent welding and thermoplastic materials can be used for blocking water) with the top edge of the bathtub body (see Fig. 6-7; col. 1, ll. 58-68, col. 5, ll. 1-4).
Regarding claim 5, the combination above and specifically Benjamin further discloses both the first and second water baffle bodies and the first and second seal protrusions are profiles (profiles shown in Fig. 6), and the second seal protrusion and the second water baffle body form an integrated structure (60 and 68 form 58; see Fig. 3; col 6, ll. 22-40) or form a split and assembled structure.
Regarding claim 6, the combination above and specifically Benjamin further discloses the top edge of the bathtub body is arranged to comprise an upper edge (24), a side edge (26) and an arcuate transition portion (30), and the upper edge and the side edge are connected in an inverted L-shape through the arcuate transition portion (see Fig. 6);
the first and second seal protrusions have a wedge-shaped cross section (70; see Fig. 6), and the first and second seal protrusions have a horizontal surface (horizontal surface of 68) arranged to be flush with an upper surface (surface of 24) of the upper edge and an arcuate surface (surface of 30) arranged to match a shape of the arcuate transition portion (see Fig. 6; col. 5, ll. 1-24).
Regarding claim 7, the combination above and specifically Benjamin further discloses the water baffle assembly further comprises an adhesive layer (col. 5, ll. 25-35), the adhesive layer is arranged to adhere the arcuate surface and the arcuate transition portion (see Fig. 6; col. 5, ll. 25-35), and/or the adhesive layer is arranged to adhere a portion of the first and second water baffle bodies located beneath the first and second seal protrusions and the side edge.
Regarding claim 8, the combination above and specifically Benjamin further discloses the first and second water baffle bodies are provided with an installation groove (groove of 58 formed between 62 and 72; see Fig. 3), the first and second seal protrusions comprise an installation portion (portion of 68 and 70 connected to 60), a connection portion (horizontal section connecting 60 to 68) and a seal portion (sealing portions of 68 and 70), the installation portion is installed to the installation groove (see Fig. 3 and 6), the connection portion connects the installation portion and the seal portion (see Fig. 6), the seal portion is located at a first side (side adjacent to 24, 26) of the first and second water baffle bodies, and the seal portion is arranged to seal a second gap (gap between 24, 26, 28 and 58) between the first and second water baffle bodies and the top edge of the bathtub body (see Fig. 6).
Regarding claim 9, the combination above and specifically Benjamin further discloses the top edge of the bathtub body is arranged to comprise an upper edge (24), a side edge (26) and an arcuate transition portion (30), and the upper edge and the side edge are connected in an inverted L-shape through the arcuate transition portion (see Fig. 6; col. 5, ll. 1-24);
the seal portion comprises a first seal surface (horizontal surface of 68) and a second seal surface (surface of 70), the first seal surface is squeezed and sealed against an outer side wall surface (outer surface of 58) of the first side of the first and second water baffle bodies (see Fig. 6), and the second seal surface is an arcuate seal surface (surface of 70) and is arranged to be squeezed and sealed against the arcuate transition portion (see Fig. 6; col. 5, ll. 1-35).
Regarding claim 10, the combination above and specifically Benjamin further discloses a fastener (36) or an adhesive layer (col. 5, ll. 25-35), wherein the single-side water-blocking member, the double-side water-blocking member, or the triple-side water-blocking member is arranged to be fixed to the top edge of the bathtub body by the fastener (col. 4, ll. 3-34; see Fig. 6) or the adhesive layer (col. 5, ll. 25-35).
Regarding claim 11, the combination above and specifically Benjamin further discloses a fixation assembly, wherein the fixation assembly comprises a fixation bracket and a fastener, wherein one end of the fixation bracket is arranged to be fixed to the bathtub body through the fastener, and the other end of the fixation bracket is arranged to be fixed to an installation base of the bathtub body through the fastener; or
wherein the water baffle assembly also comprises a fastener (74), and the water baffles are arranged to be fixed to the installation base (wall adjacent to 72) of the bathtub body through the fastener (see Fig. 6).
Regarding claim 12, the combination above and specifically Benjamin further discloses a fastener (36) or an adhesive layer (col. 5, ll. 25-35), wherein the single-side water-blocking member, the double-side water-blocking member, or the triple-side water-blocking member is arranged to be fixed to the top edge of the bathtub body by the fastener (col. 4, ll. 3-34; see Fig. 6) or the adhesive layer (col. 5, ll. 25-35).
Regarding claim 13, the combination above and specifically Benjamin further discloses a fastener (36) or an adhesive layer (col. 5, ll. 25-35), wherein the single-side water-blocking member, the double-side water-blocking member, or the triple-side water-blocking member is arranged to be fixed to the top edge of the bathtub body by the fastener (col. 4, ll. 3-34; see Fig. 6) or the adhesive layer (col. 5, ll. 25-35).
Regarding claim 14, the combination above and specifically Benjamin further discloses a fastener (36) or an adhesive layer (col. 5, ll. 25-35), wherein the single-side water-blocking member, the double-side water-blocking member, or the triple-side water-blocking member is arranged to be fixed to the top edge of the bathtub body by the fastener (col. 4, ll. 3-34; see Fig. 6) or the adhesive layer (col. 5, ll. 25-35).
Regarding claim 15, the combination above and specifically Benjamin further discloses a fastener (36) or an adhesive layer (col. 5, ll. 25-35), wherein the single-side water-blocking member, the double-side water-blocking member, or the triple-side water-blocking member is arranged to be fixed to the top edge of the bathtub body by the fastener (col. 4, ll. 3-34; see Fig. 6) or the adhesive layer (col. 5, ll. 25-35).
Regarding claim 16, the combination above and specifically Benjamin further discloses a fastener (36) or an adhesive layer (col. 5, ll. 25-35), wherein the single-side water-blocking member, the double-side water-blocking member, or the triple-side water-blocking member is arranged to be fixed to the top edge of the bathtub body by the fastener (col. 4, ll. 3-34; see Fig. 6) or the adhesive layer (col. 5, ll. 25-35).
Regarding claim 17, the combination above and specifically Benjamin further discloses a fastener (36) or an adhesive layer (col. 5, ll. 25-35), wherein the single-side water-blocking member, the double-side water-blocking member, or the triple-side water-blocking member is arranged to be fixed to the top edge of the bathtub body by the fastener (col. 4, ll. 3-34; see Fig. 6) or the adhesive layer (col. 5, ll. 25-35).
Regarding claim 18, the combination above and specifically Benjamin further discloses a fixation assembly, wherein the fixation assembly comprises a fixation bracket and a fastener, wherein one end of the fixation bracket is arranged to be fixed to the bathtub body through the fastener, and the other end of the fixation bracket is arranged to be fixed to an installation base of the bathtub body through the fastener; or
wherein the water baffle assembly also comprises a fastener (74), and the water baffles are arranged to be fixed to the installation base (wall adjacent to 72) of the bathtub body through the fastener (see Fig. 6).
Regarding claim 19, the combination above and specifically Benjamin further discloses a fixation assembly, wherein the fixation assembly comprises a fixation bracket and a fastener, wherein one end of the fixation bracket is arranged to be fixed to the bathtub body through the fastener, and the other end of the fixation bracket is arranged to be fixed to an installation base of the bathtub body through the fastener; or
wherein the water baffle assembly also comprises a fastener (74), and the water baffles are arranged to be fixed to the installation base (wall adjacent to 72) of the bathtub body through the fastener (see Fig. 6).
Regarding claim 20, the combination above and specifically Benjamin further discloses a bathtub (10) comprising the water baffle assembly according to claim 1 (see the rejection of claim 1 above) and the bathtub body (12-14, 16, 18, 20), wherein the water baffle assembly is arranged to be capable of forming the single-side water-blocking member (see Fig. 6) installed at the one top edge (24, 26, 28) of the one side (18) of the bathtub body or to be capable of being spliced to form the double-side water-blocking member installed at the two top edges of the two adjacent sides of the bathtub body.
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
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