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 § 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)(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) 1-5, 7-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2021/0022563 (hereinafter Pollacco).
Regarding claim 1, Pollacco discloses a bathtub wall-extending device (see Fig. 7) comprising a body (72) comprised of an opening and a bottom edge; and a waterproof fastener (74) positioned on the bottom edge.
Regarding claim 2, the bathtub wall-extending device of claim 1, wherein the body is comprised of a rigid body (72 is rigidly holding its shape).
Regarding claim 3, the bathtub wall-extending device of claim 1, wherein the body is comprised of an indicia (the fold of 72 forms the indicia line).
Regarding claim 4, the bathtub wall-extending device of claim 3, wherein the indicia is comprised of a pattern (see Fig. 7), a color, or a simulated finish.
Regarding claim 5, the bathtub wall-extending device of claim 1, wherein the body is comprised of a veneer (72 is a plastic sheet).
Regarding claim 7, the bathtub wall-extending device of claim 1, wherein the waterproof fastener is comprised of a waterproof tape (the adhesive coated member 74 is considered a waterproof tape).
Regarding claim 8, Pollacco discloses a bathtub wall-extending device (see Fig. 4) comprising a body (48, 49) comprised of an opening and a bottom edge; a waterproof fastener (46) positioned on the body; and a frame member (44, 47).
Regarding claim 9, the bathtub wall-extending device of claim 8, wherein the frame member is comprised of a vertical frame member (47).
Regarding claim 10, the bathtub wall-extending device of claim 8, wherein the frame member is comprised of a horizontal frame member (44).
Regarding claim 11, the bathtub wall-extending device of claim 8, wherein the body is comprised of a collapsible body (48).
Regarding claim 12, the bathtub wall-extending device of claim 8, wherein the body is comprised of a rigid body (49).
Regarding claim 13, the bathtub wall-extending device of claim 8, wherein the body is comprised of an indicia (the fold of 48 forms the indicia line).
Regarding claim 14, the bathtub wall-extending device of claim 13, wherein the indicia is comprised of a pattern (see pattern of 48 in Fig. 4), a color, or a simulated finish.
Regarding claim 15, the bathtub wall-extending device of claim 8, wherein the body (48) is comprised of a veneer (48 is a plastic sheet).
Regarding claim 17, the bathtub wall-extending device of claim 8 further comprised of a gasket (front member of 46 in Fig. 4 is considered a gasket).
Regarding claim 18, the bathtub wall-extending device of claim 8, wherein the waterproof fastener (46) is positioned on an exterior surface of the body (see Fig. 4).
Regarding claim 19, the bathtub wall-extending device of claim 8, wherein the waterproof fastener (46) is positioned on an interior surface of the body (the interior of the groove at the bottom of 49 as shown in Fig. 4).
Regarding claim 20, Pollacco teaches the method as claimed as discussed above regarding the bathtub wall-extending device of claim 1.
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 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pollacco.
Pollacco teaches all of the claimed limitations as discussed above with respect to claims 5 and 15. Although Pollacco is silent as to an acrylic veneer, a porcelain veneer, a cast iron veneer, or a fiberglass veneer, attention is directed to the para. [0004] of Pollacco, which discloses the well-known bathtubs in the art are made from acrylic, porcelain, cast iron, or fiberglass. Pollacco discloses the body includes plastic sheet which is being considered to be a veneer. Alternatively, acrylic is a genus of plastic. Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to replace the plastic sheet/veneer of Pollacco with an acrylic veneer or any well-known material as discussed in para. [0004] of Pollacco, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. West teaches a soaker tub with interior frames. Moore teaches a tub with a logo/indicia added to a wall of the tub. Hiteshew discloses a similar bathtub wall-extending device to the Pollacco reference. Auten et al. teaches a bathtub insert to extend the water level for user to soak in.
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/TUAN N NGUYEN/Primary Examiner, Art Unit 3754