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 .
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.
Claims 1, 4-6, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over WaterWarden (WaterWarden - Above Ground Pool Safety Net Cover Amazon https://a.co/d/7s3shQT) in view of Weir et al. (US 4429425), hereinafter Weir.
Regarding claim 1, WaterWarden teaches of (p. 3) an aquaculture tank system (a swimming pool can be used as an aquaculture tank system), comprising:
an aquaculture tank configured for holding a liquid and at least one first animal therein (the pool is filled with a liquid and at least one animal can be placed therein);
the aquaculture tank including an upper perimeter (upper perimeter of the pool), the aquaculture tank defining an exterior and an interior (exterior and interior of the pool);
and a cover (netting) coupled with the aquaculture tank for covering the liquid (seen on p. 3), the cover including a sheet-like central portion with a plurality of openings (netting is sheet-like and has a central portion with a plurality of openings), at least some of the openings being sized and configured for providing a dual functionality of:
(a) allowing an animal feed to pass therethrough in order to feed the at least one first animal - which is a fish, a mollusk, or a crustacean (the tank is capable of having a fish, mollusk, or a crustacean inside the tank) - in the aquaculture tank (openings in the netting are large enough to allow animal feed, such as fish food, liquid fish food, and pellets); and
(b) preventing at least one second animal - which is a bird - located exterior to the aquaculture tank from removing the at least one first animal from the aquaculture tank (netting can prevent dogs, cats, birds, and other animals from removing the animal inside the aquaculture tank. For example, a bird bigger than the openings would be prevented from removing at least one first animal from the aquaculture tank because they would not be able to go past the net);
WaterWarden does not appear to teach of a first bead slot extending at least substantially around the upper perimeter, the cover including a perimeter bead body that is removably received within the first bead slot, the perimeter bead body being configured for being removed from the first bead slot in a direction corresponding to the exterior of the aquaculture tank towards the interior of the aquaculture tank.
Weir teaches of (fig. 2) wherein the aquaculture tank (abstract, for use with a swimming pool, which can be an aquaculture tank) includes an upper perimeter (top of coping 10) and a first bead slot (fig. 2, upper channel 14) extending at least substantially around the upper perimeter (extends across the top 10; abstract, coping structure is at the top and periphery of the pool wall), and the cover (fig. 2, pool cover 21) includes a perimeter bead body (bead 20) received within the first bead slot (seen in fig. 2) that is removably received within the first bead slot (14) from the first bead slot in a direction corresponding to the exterior of the aquaculture tank towards the interior of the aquaculture tank (fig. 2, col. 1 line 60-col. 2 line 11, bead 20 can be easily inserted horizontally into the retaining channel. Being easily inserted horizontally also means being easily removed horizontally as seen in fig. 2. Bead 20 can also be removed by horizontally aligning the bead 20 to the exit and moving the bead in the direction 8, corresponding to the exterior of the pool towards the interior of the pool. For the coping 10 to be used at pools, it would have to allow inserts to be removably received, such as allowing a pool cover to be inserted and removed to close and open the pool for use).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified WaterWarden to incorporate the teachings of Dahowski of a first bead slot extending at least substantially around the upper perimeter, the cover including a perimeter bead body that is removably received within the first bead slot, the perimeter bead body being configured for being removed from the first bead slot in a direction corresponding to the exterior of the aquaculture tank towards the interior of the aquaculture tank in order to use a secure coping mechanism that provides locking features which afford substantially improved capability for holding the swimming pool cover or dome secured in a holding groove positioned peripherally around the swimming pool as motivated by Weir in the abstract, to use a coping mechanism that does not need additional fastening means such as screws, bolts, clamps, etc. to secure the coping in position on the pool as motivated by Weir in col. 2 lines 35-49, and allow insertion and removal of the bead in the horizontal opening of the channel.
Regarding claim 4, WaterWarden as modified teaches of claim 1, but does not appear to teach of wherein the perimeter bead body is continuous.
Weir teaches of wherein the perimeter bead body is continuous (fig. 1, col. 3 lines 44-68, hook-like bead 20 is designed to abut against the vertical extension or lip 22 formed along the lower end of, and contiguous to, the opening of the channel 14 to secure the cover bead 20 in place; col. 4 lines 1-13, the bead, which is preferably elongated in a horizontal direction, is sized so that, while readily insertable into the channel member when disposed horizontally).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified WaterWarden to incorporate the teachings of Weir of wherein the perimeter bead body is continuous in order to secure the cover in the channel all throughout the perimeter of the cover.
Regarding claim 5, WaterWarden as modified teaches of claim 3, and wherein the central portion includes a grid-like configuration (p. 1, central portion has a grid-like configuration).
Regarding claim 6, WaterWarden as modified teaches of claim 2, but does not appear to teach of wherein the aquaculture tank includes a second bead slot, and the aquaculture tank system further includes a tank liner that includes a bead body which is received within the second bead slot.
Weir teaches of (fig. 1) wherein the aquaculture tank (the swimming pool can be used as an aquaculture tank) includes a second bead slot (lower channel 16), and the aquaculture tank system further includes a tank liner (liner 19) that includes a bead body (linear bead 18) which is received within the second bead slot (16) (seen in fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified WaterWarden to incorporate the teachings of Weir of wherein the aquaculture tank includes a second bead slot, and the aquaculture tank system further includes a tank liner that includes a bead body which is received within the second bead slot in order to attach a pool liner that will protect the pool’s structure and prevent leaks.
Regarding claim 20, WaterWarden as modified teaches of claim 1, and but wherein the aquaculture tank includes an inside portion (p. 1, interior of the swimming tank can be used an aquaculture tank).
WaterWarden does not appear to teach of the cover being coupled with the inside portion of the aquaculture tank, the first bead slot including an upper wall which is angled relative to a horizontal plane, the upper wall including an inner point and an outer point relative to the direction corresponding to the exterior of the aquaculture tank towards the interior of the aquaculture tank, the inner point being located a distance from the horizontal plane and the outer point being located on the horizontal plane.
Weir teaches of wherein (fig. 5) the aquaculture tank (the swimming pool can be used as an aquaculture tank) includes an inside portion (fig. 1, inside of the swimming pool surrounded by swimming pool wall W), the cover (21) being coupled with the inside portion of the aquaculture tank (liner 21 is coupled with the channel 14 located on the inside portion of the swimming pool),
the first bead slot (14) including an upper wall (top wall of first bead slot 14) which is angled relative to a horizontal plane (angled at vertical extension 22b relative to a horizontal plane), the upper wall including an inner point (point at 22b) and an outer point (a point closer to the exterior of the pool) relative to the direction corresponding to the exterior of the aquaculture tank towards the interior of the aquaculture tank (inner point closer to the interior of the pool and outer point closer to the exterior of the pool), the inner point (by vertical extension 22b) being located a distance from the horizontal plane (point extends vertically at a distance from the horizontal plane) and the outer point being located on the horizontal plane (point on the horizontal plane of the upper wall of first bead slot 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified WaterWarden to incorporate the teachings of Weir of the cover being coupled with the inside portion of the aquaculture tank, the first bead slot including an upper wall which is angled relative to a horizontal plane, the upper wall including an inner point and an outer point relative to the direction corresponding to the exterior of the aquaculture tank towards the interior of the aquaculture tank, the inner point being located a distance from the horizontal plane and the outer point being located on the horizontal plane in order to have the fastener be in a convenient, safe, and obscure place that would not be tampered exteriorly by humans or animals and to have an improved bead for swimming pool covers or swimming pool domes is provided with locking features which afford substantially improved capability for holding the swimming pool cover or dome secured in a holding groove positioned peripherally around the swimming pool as motivated by Weir in the abstract.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-6, and 20 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.
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.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647
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