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 .
Drawings
The specification has been amended to include item 400. The previous drawing objection is overcome. The amendment to claim 6 presents a new drawing objection below.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the density of the structural elements increasing from the first edge of the liner toward the center must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
The claims have been amended to overcome the previous claim objections.
Claim Rejections - 35 USC § 112
The previous 112s are overcome in view of the amended claims.
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.
Claim(s) 1-5 ,7-8, 11-12, 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rondinelli (US 2776439).
Regarding claims 1, 15 and 20, Rondinelli shows a shower curtain liner (20) having an upper portion, a lower portion, a first edge, and a second edge (see annotated fig), and further having a lower flap (24) at a lower portion of the shower curtain liner, such that the upper portion is position above the shower area wall (see figure below with dotted line indicating above/below wall), the lower portion of the shower curtain liner is positioned outside the shower area wall and the lower flap portion is positioned inside the shower area wall (as shown in figure 1); at least one pocket (21/27) adapted to be disposed on the shower curtain liner and extending a predetermined length from within the upper portion (see fig 3 where part of the pocket is in the upper portion – where number 22 is labeled extending to the lower portion) to the lower portion of the shower curtain liner (21/27 is between the top and bottom of the liner); at least one structural element (22/23) adapted to be disposed in the at least one pocket, the structural element having a first end (bottom of 22), a second end (bottom of 23), and an elongated portion (the arm portions between each end) between the first end and the second, the structural element extending from within the upper portion of the shower curtain liner to the lower portion of the shower curtain liner (see fig 3).
Regarding claims 2, 16 and 20, the at least one pocket is integrally formed with the shower curtain liner (integral is defined as “formed as a unit”; 21 is integral with 20).
Regarding claims 3 and 17, the at least one pocket is formed as a separate structure (pocket 27 is formed on separate flap 24) and affixed to the shower curtain liner.
Regarding claim 4, further comprising a plurality of pockets (figure 1 and 2 shows multiple of 21/27) and a corresponding plurality of structural elements (22/23).
Regarding claim 5, the plurality of pockets are evenly spaced between the first edge and the second edge of the shower curtain liner (see figure 1).
Regarding claims 7, 18 and 20, the at least one structural element is substantially bowed (figure 4) in shape and is operable to position the shower curtain liner so as to protrude outwardly with respect to the enclosure wall (see figure 1, annotated to show the liner protruding away from the wall).
Regarding claim 8, the shower area is a shower or a bathtub.
Regarding claims 11 and 19, the lower portion of the shower curtain liner and the flap portion are together shaped as inverted V-shaped structure (see figure 1).
Regarding claim 12, each structural element has a substantially angular configuration (figure 4).
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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) 6, 9, 10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rondinelli as applied to claims 1 and 4 above, and further in view of Kulasic (US 2016/0278582).
Rondinelli shows the shower curtain of claims 1 and 4 but fails to show the claimed spacing and differentiating lengths of the structural elements or weights at the bottom of the liner. Kulasic shows these features are well known in the liner art.
Regarding claim 6, Kulasic shows the pockets of different spacing (paragraph 0023)
Regarding claim 9, Kulasic shows the structural elements can be different lengths (paragraph 0027).
Regarding claim 10, Kulasic shows the elements comprise multiple elements that are connected (paragraph 0027)
Regarding claim 14, Kulasic shows weighted pellets at the lower portion of the liner (paragraph 0027).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Rondinelli to include pockets of different spacing, structural elements of different lengths and multiple pieces and weights at the lower end of the liner in order to enable the shower curtain to be more customizable to the size of the enclosure and resist movement and provide a better shower experience (paragraph 0029 of Kulasic)
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rondinelli as applied to claims 1 and 7 above, and further in view of Pandaleon (US 2017/0202404).
Rondinelli shows the liner of claims 1 and 7 but fails to show different bowed shapes. Pandaleon shows this to be known in the art stating that the structural elements “may have varying curvature” (paragraph 0023).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Rondinelli to include different bowed shapes in order to enable the shower curtain to be more customizable and allow for localized areas of increased protrusion. (paragraph 0023 of Pandaleon).
Response to Arguments
Applicant's arguments filed 11/03/2025 have been fully considered but they are not persuasive. Applicant has amended to state that the structural elements extend from within the upper portion to the lower portion. Rondinelli still teaches this feature as explained above. There is a portion of the structural element above the wall and below wall.
Conclusion
THIS ACTION IS MADE FINAL. 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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/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675