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.
Claim(s) 1, 2, 5. 6. 8. 9. 11, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fiveash (US Patent 4,602,393) in view of Yandell (US Patent Publication 20050166311).
Regarding Claim 1, Fiveash shows a bathtub liner (13) for covering an inner surface of a bathtub (Fig.2), the bathtub liner comprises: a cushioning layer (column 3 lines 20-26; between 27 and 28); an upper layer (27); and a bottom layer (28), wherein the cushioning layer is sandwiched between the upper layer and the bottom layer (Fig.3), edge portions (19) of the upper layer and the bottom layer are sealably bonded together encasing the cushioning layer (column 3 lines 20-30). Wherein the bathtub liner is for covering an inner surface of a bathtub (column 2 lines 25-30; Fig.1 & 2), provides a buffer (column lines 20-27) against the chipped or cracked inner surface of the bathtub, and the bathtub liner further includes a drain hole (20; column 2 lines 52). Fiveash fails to show the liner having the top layer is transparent and slip resistant and the bottom layer being cut resistant. Yandell teaches a spa shell having top layer (102) is transparent and slip resistant (paragraph 5). The bottom layer (104) is cut resistant (paragraph 14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to a transparent and slip resistant layer to ensure the liner was aesthetically pleasing.
Regarding Claim 8, Fiveash shows a method for lining an inner of a bathtub, the method comprises providing a bathtub liner (13) comprising: a cushioning layer (column 3 lines 20-26; between 27 and 28), an upper layer (27), and a bottom layer (28), wherein the cushioning layer is sandwiched between the upper layer and the bottom layer (column 3 lines 20-26), edge portions (19) of the upper layer and the bottom layer are sealably bonded together encasing the cushioning layer (column 3 lines 20-26); and lining the bathtub (10) with the bathtub liner (Fig.2).
Regarding Claim 11, Fiveash shows the bathtub liner according to claim 8, but fails to show the bottom layer is cut resistant and the top layer is transparent and slip resistant. Yandell teaches a spa shell having top layer (102) is transparent and slip resistant (paragraph 5). The bottom layer (104) is cut resistant (paragraph 14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to a transparent and slip resistant top layer and a cut resistant bottom layer to provide an aesthetically pleasing tub.
Regarding claims 2, 5-6, Fiveash show the bathtub liner according to claim 1, but fails to show a heat bonded layers and the cushioning layer is covered by fabric and designs. Yandell teaches a spa shell. The shell includes the edge portions of the upper layer and the bottom layer are heat bonded (paragraph 17). The cushioning layer (104) is covered by fabric (130; fiberglass; paragraphs 14 & 17). Wherein designs are disposed over a surface of the fabric, and wherein the designs are visible through the upper layer (paragraph 17). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include heat bonded edges and a transparent and fabric layer in order to ensure the liner was waterproof and aesthetically pleasing.
Regarding claims 9 and 12-13 Fiveash shows the method according to claim 8, fails to show a heat bonded layers, the upper layer is covered by fabric and the designs are visible through the upper layer. Yandell teaches a spa shell wherein the edge portions of the upper layer and the bottom layer are heat bonded (paragraph 17). The cushioning layer is covered by fabric (130; fiberglass paragraph 14). Wherein designs are disposed over a surface of the fabric, and wherein the designs are visible through the upper layer (paragraph 17). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a step of heat bonding the edges and a transparent and fabric layer in order to ensure the liner was waterproof and aesthetically pleasing.
Response to Arguments
Applicant's arguments filed 8/22/2025 have been fully considered but they are not persuasive.
Applicant argues that Fiveash and Yandell cannot be combined because Yanedell relates to rigid spa shells and not removable bathtub liners. The examiner disagrees. Fiveash is directed toward a flexible bathtub liner. Yandell teaches a multilayer bathtub and therefore are analogous art because they both pertain to bathtub.
Applicant argues that Yandell does not disclose fabric covered cushioning layer with visible designs. The examiner disagrees. Fiveash teaches a cushioning layer. Yandell teaches designs that can be seen through the transparent layer (paragraph 17). The designs are coated on the substrate which can be made of a fabric of fiberglass (paragraph 14). The combination teaches the claimed limitans.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zuravksky et al (US Patent 20140026314) teaches a bathtub liner made of fabric.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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/LAUREN A CRANE/ Primary Examiner, Art Unit 3754