Prosecution Insights
Last updated: August 18, 2026
Application No. 18/371,841

WELLNESS SYSTEM AND DEVICE

Non-Final OA §102§103
Filed
Sep 22, 2023
Priority
Oct 12, 2022 — provisional 63/415,433
Examiner
BELAY, DILNESSA B
Art Unit
Tech Center
Assignee
Kohler Co.
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
6m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
138 granted / 221 resolved
+2.4% vs TC avg
Strong +25% interview lift
Without
With
+25.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
26 currently pending
Career history
244
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
52.4%
+12.4% vs TC avg
§102
19.7%
-20.3% vs TC avg
§112
23.6%
-16.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 221 resolved cases

Office Action

§102 §103
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 . Election/Restrictions Applicant’s election without traverse of claims 1- 17 in the reply filed on 06/22/2026 is acknowledged. Claims 88 – 90 are newly added. Thus, claims 1 – 17 and 88 – 90 are currently pending. Claim Objections The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. The amendment of claims on 06/22/2026 has claims numbered as “1 – 17(original), 18 – 27 (cancelled) and 88 – 90 (new)”. Claims 28 – 87 are missing in the amendment numbering of claims. The claim numbering should have included the missing claims as cancelled. Thus, the claim numbering should be “1 – 17(original), 18 – 87 (cancelled) and 88 – 90 (new)”. Appropriate correction is required. 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. 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) 1 – 12, 15 and 88 – 90 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thurman (US 2022/0126031 A1), hereinafter “Thurman”, in view of Fujii (WO 2011/145315 A1) and hereinafter “Fujii”. Regarding claim 1, Thurman discloses a portable steam generator (a portable steam therapy assembly 10, FIGS 1 – 7) comprising: a power source in a housing (a power supply 82 including a rechargeable battery 84 in a housing 12, (0030 and see FIG.4)); a water tank in the housing (a water tank 34 is positionable in the recessed portion 24 between a top wall 18 and bottom wall 20 of the housing 12, (0020 – 0021 and see FIGS 1- 3)); a heating element in the housing and configured to heat water in the water tank to produce steam using power from the power source (a heating element 54 configured to heat the water from the water tank 34 using power from the power supply, (0023 – 0026 and see FIGS. 1- 4)): and a housing configured to support the portable steam generator in an installation position and allow manual removal from the installation position (the housing 12 of the steam therapy assembly 10 is a portable box that can be positioned in a bathroom and used in a shower setting, (0032 and see FIG.1) Thus, the housing is configured to support the steam therapy assembly 10 be installed and manually removed from a bathroom installation position). Thurman, does not teach a track on the housing configured to support the portable steam generator in an installation position and allow manual removal from the installation position. However, Fujii that relates to a steam generating sauna box installed on the ceiling above a sauna enclosure (page 1 and see FIG. 1), also teaches the sauna device 11 is movably supported and installed by two rails 10 arranged on a ceiling surface of the sauna enclosure has a rail derailment prevention part 17 (a track) provided on the lower side of a main body case 12 of the sauna device 11, along the inner surface of the two rails 10 enabling the steam generating sauna device 11 to be movably supported and installed on the rails 10 at the top surface of the sauna enclosure, (page 7, parag. 04, page 8, parag. 01 and see FIGS. 1 – 6). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the house of the portable steam generator of Thurman to include a track that is configured to support and slidably move the portable steam generator in a corresponding rail installation position without derailing as taught in Fujii. POSTIA apprised of Fujii’s steam sauna body case 12 having a coupling a rail derailment prevention part 17 coupling with the installation rails 10 of a sauna enclosure ceiling surface movably supporting the sauna device 11 therein would be motivated to include the same on the house of the portable steam generator of Thurman in order to install the steam generator on rail track installation positions supporting the steam generator with ease and safety, without derailment as taught in Fujii. Regarding claim 2, Thurman in view of Fujii teaches the portable steam generator of claim 1, wherein the power source includes one or more batteries (the power supply 82 including a rechargeable battery 84 in the housing 12, Thurman (0030 and see FIG.4). Regarding claim 3, Thurman in view of Fujii teaches the portable steam generator of claim 1, wherein the power source includes a power supply circuit (the power supply 82 is connected to the rechargeable battery 84 through a circuit to charge the battery, Thurman (0030)). Regarding claim 4, Thurman in view of Fujii teaches the portable steam generator of claim 1, wherein the portable steam generator is movable between a cabinet to a shower (the portable steam therapy assembly 10 is a movable box that can be positioned in a bathroom while a shower is being employed to produce steam, Thurman (0032), thus, is movable between a cabinet to a shower) Regarding claim 5, Thurman in view of Fujii teaches the portable steam generator of claim 1, wherein the track is configured to mate with a fixed track associated with a bathroom fixture (a rail derailment prevention part 17 (track)is provided on the lower side of the main body case 12 of the sauna equipment 11, configured to mate with the inner surface of the two fixed rails 10 to mover the sauna equipment along the fixed rails of the sauna room, Fujii (page 08, parag. 01 and FIG.6)). Regarding claim 6, Thurman in view of Fujii teaches the portable steam generator of claim 5, wherein the fixed track is coupled to a shower, a cabinet, or a bathtub (the fixed rails 10 are coupled to a sauna bathroom unit 1 that has bathtub 2, a shower 3, a faucet 4, and a water supply tap 5, Fujii (page 5, parag. 03 – 04 and see FIG.1)). Regarding claim 7, Thurman in view of Fujii teaches the portable steam generator of claim 1, further comprising: a scent module configured to release a scent with the steam (an oil cartridge 42 in the housing, configured to release a scent (e.g. lavender) with the steam, Thurman (0022 – 0023 and FIG. 3 – 4), *Note here- “scent module” is interpreted to mean a cartridge that houses and releases the scent). Regarding claim 8, Thurman in view of Fujii teaches the portable steam generator of claim 1, further comprising: an oil module configured to release oil with the steam (the oil cartridge 42 is also configured to release a medicinal oil, or ant non-toxic oil that is appropriate for human consumption with the steam, Thurman (0022 - 0023) Note here- “oil module” is interpreted to mean a cartridge that houses and releases the oil). Regarding claim 9, Thurman in view of Fujii teaches the portable steam generator of claim 1, further comprising: a contact connection coupled to the power source when the portable steam generator is attached to a bathroom fixture (a male plug 96 electrically in contact to a power source 98 when in use and the portable steam therapy assembly 10 is usable in a bathroom, Thurman (0030, 0032 and FIG.1)). Regarding claim 10, Thurman in view of Fujii teaches the portable steam generator of claim 1, wherein the power source is a battery including a contact for a battery charger (the power supply 82 includes a power port 86 that is electrically coupled to the rechargeable battery 84, Thurman (0030 and see FIG.4)). Regarding claim 11, Thurman in view of Fujii teaches the portable steam generator of claim 1, further comprising: a controller configured to generate a steam command for the portable steam generator (a control circuit 56 configured to generate a steam command for the portable steam generator, Thurman (0025, 0029 – 0032 and see FIg.7)). Regarding claim 12, Thurman in view of Fujii teaches the portable steam generator of claim 11, further comprising: an input device configured to communicate with the controller (a plurality of control buttons 68 and remote control 100 communicating with the control circuit 56, (0029, 0031, see FIGS. 2 and 6)). Regarding claim 15, Thurman in view of Fujii teaches the portable steam generator of claim 11, wherein the installation position is supported by an integrated shower panel including a single plumbing inlet (the installation position of the sauna device 11 is fixed rails 10 coupled to a sauna bathroom unit 1 comprising a shower 3 with a water supply hose 20, Fujii (page 8, parag. 03 – 04 and see FIG.1)). Regarding claim 88, Thurman discloses a portable steam generator (a portable steam therapy assembly 10, FIGS 1 – 7) comprising: a power source in a housing (a power supply 82 including a rechargeable battery 84 in a housing 12, (0030 and see FIG.4)); a water tank in the housing (a water tank 34 is positionable in the recessed portion 24 between a top wall 18 and bottom wall 20 of the housing 12, (0020 – 0021 and see FIGS 1- 3)); a heating element in the housing and configured to heat water in the water tank to produce steam using power from the power source (a heating element 54 configured to heat the water from the water tank 34 using power from the power supply, (0023 – 0026 and see FIGS. 1- 4)): and a housing configured to support the portable steam generator in an installation position and allow manual removal from the installation position (the housing 12 of the steam therapy assembly 10 is a portable box that can be positioned in a bathroom and used in a shower setting, (0032 and see FIG.1) Thus, the housing is configured to support the steam therapy assembly 10 be installed and manually removed from a bathroom installation position). Wherein the portable steam generator is configured to be installed in a lavatory or sink (the portable steam therapy assembly 10 is a movable box that can be positioned in a bathroom while a shower is being employed to produce steam, Thurman (0032). Thus, can be configured to be installed in a lavatory or sink). Thurman, does not teach a track on the housing configured to support the portable steam generator in an installation position and allow manual removal from the installation position. However, Fujii that relates to a steam generating sauna box installed on the ceiling above a sauna enclosure (page 1 and see FIG. 1), also teaches the sauna device 11 is movably supported and installed by two rails 10 arranged on a ceiling surface of the sauna bathroom enclosure has a rail derailment prevention part 17 (a track) provided on the lower side of a main body case 12 of the sauna device 11, along the inner surface of the two rails 10 enabling the steam generating sauna device 11 to be movably supported and installed on the rails 10 at the top surface of the sauna enclosure, (page 7, parag. 04, page 8, parag. 01 and see FIGS. 1 – 6). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the house of the portable steam generator of Thurman to include a track that is configured to support and slidably move the portable steam generator in a corresponding rail installation position without derailing as taught in Fujii. POSTIA apprised of Fujii’s steam sauna body case 12 having a coupling a rail derailment prevention part 17 coupling with the installation rails 10 of a sauna enclosure ceiling surface movably supporting the sauna device 11 therein would be motivated to include the same on the house of the portable steam generator of Thurman in order to install the steam generator on rail track installation positions supporting the steam generator with ease and safety, without derailment as taught in Fujii. Regarding claim 89, Thurman in view of Fujii teaches the portable steam generator of claim 88, wherein the portable steam generator is supported by an integrated lavatory panel including a single plumbing inlet (the portable sauna device 11 is movably supported by two rails 10 arranged on a ceiling surface of the sauna bathroom enclosure, including a single water supply hose 20, (please see Fujii’s FIGS. 1).Thus, one of ordinary skill in the art would appreciate make the portable steam generator to be integrated in lavatory panel as such modification amounts to a rearrangement of parts). Regarding claim 90, Thurman in view of Fujii teaches the portable steam generator of claim 89, wherein the integrated lavatory panel includes a communicating interface configured to receive a recommendation from a wellness hub (wherein the controller 56 of the portable steam generator integrated in the lavatory panel is configured to communicate with extrinsic devices via a wireless receiver 60 employing radio frequency or Bluetooth communications, Thurman (0027, 0029 and see FIG.7). Thus, is capable of receiving a recommendation from extrinsic devices (a wellness hub) via the wireless receiver 60). Claim(s) 13 – 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thurman in view of Fujii in further view of Rexach et al. (US 20190087510 A1) and hereinafter “Rexach”. Regarding claims 13 - 14, Thurman in view of Fujii teaches the portable steam generator of claim 11, wherein the controller 56 is configured to communicate with extrinsic devices via a wireless receiver 60 employing radio frequency or Bluetooth communications, Thurman (0027, 0029 and see FIG.7). Thurman in view of Fujii does not explicitly teach the controller’s communication with extrinsic device is configured to: detect the installation position and select a steam mode in response to the installation position (claim 13), to detect a shower, a cabinet, or a bathtub and select a steam mode in response (claim 14). However, Rexach that relates to intelligent bathroom devices that are connected to each other (0001), also teaches a controller 260 configured to receive data or signals from control steam system 230 sensors including a steam emitter 131, (0215) and sensor data may include a device identifiers, timestamps associated with the collection of the sensor data and geographic locations, (0291). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the controller of Thurman that communicates with extrinsic devices wirelessly to include detection of installation position of the steam generator (claim 13), wherein the installation position is a shower, a cabinet, or a bathtub (claim 14) and select a steam mode in response to adjust the steam generation accordingly as taught in Rexach. Claim Rejections - 35 USC § 102 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. Claim(s) 16 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Fujii. Regarding claim 16, Fujii teaches a shower assembly (a sauna bathroom unit 1 that has a shower 3, see Fujii’s FIG.1) comprising: a fixed track configured to mate with a portable steam generator at an installation position (a fixed rails 10 are coupled to a portable sauna device 11, Fujii (page 8, parag. 01 - 02 and see FIG.1)).; and a plumbing configured to supply water to the portable steam generator at the installation position fixture (a supply hose 20 configured to supply water to the sauna device 11 in the installation position, Fujii (page 8, parag. 03 – 04)). Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujii in view of Thurman. Regarding claim 17, Fujii discloses the shower assembly of claim 16, further comprising: the portable steam generator comprising: a track on the housing configured to support the portable steam generator in the installation position with the fixed track and allow manual removal from the installation position (the portable sauna device 11 is movably supported and installed by two rails 10 arranged on a ceiling surface of the sauna bathroom enclosure and has a rail derailment prevention part 17 (a track) provided on the lower side of a main body case 12 of the sauna device 11, along the inner surface of the two rails 10 enabling the steam generating sauna device 11 to be movably supported and installed on the rails 10 at the top surface of the sauna enclosure, Fujii (page 7, parag. 04, page 8, parag. 01 and see FIGS. 1 – 6). Fujii does not explicitly teach that the portable steam generator comprising: a power source in a housing; a water tank in the housing; a heating element in the housing and configured to heat water in the water tank to produce steam using power from the power source. However, Thurman teaches a power source in a housing (a power supply 82 including a rechargeable battery 84 in a housing 12, (0030 and see FIG.4)); a water tank in the housing (a water tank 34 is positionable in the recessed portion 24 between a top wall 18 and bottom wall 20 of the housing 12, (0020 – 0021 and see FIGS 1- 3)); a heating element in the housing and configured to heat water in the water tank to produce steam using power from the power source (a heating element 54 configured to heat the water from the water tank 34 using power from the power supply, (0023 – 0026 and see FIGS. 1- 4)). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the portable sauna device 11 of Fujii to include a power source, a water tank and a heating element in the housing and configured to heat water in the water tank to produce steam using power from the power source in order to provide portable steam generator with a rechargeable independent power source in the housing and a reservoir tank for storing water for steam generation without additional water supplied to the steam generator as taught in Thurman. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 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, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DILNESSA B BELAY/Examiner, Art Unit 3761 /JOHN J NORTON/Primary Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Sep 22, 2023
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
88%
With Interview (+25.3%)
3y 5m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 221 resolved cases by this examiner. Grant probability derived from career allowance rate.

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