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 Objections
Claim 20 is objected to because of the following informalities: Line 9, “wherein in said folded configuration said folded configuration” should be changed to --wherein in said folded configuration--. Appropriate correction is required.
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) 1-4, 6, 8, 9, 12-16 is/are rejected under 35 U.S.C. 102(a)(10) as being anticipated by Ray (US 5,790,992).
Claim 1: Ray discloses a water spray tent structure comprising: a) a plurality of panels (70, 72, 74, 76), wherein said plurality of panels define an enclosed area (as seen in FIG. 2); b) a water channel (considered element 14; or alternatively considered elements 56 and 58) secured to at least one of said plurality of panels (via frame 12); c) a water source receiving adapter connected to said water channel (plug/opening seen at top of 54 in FIG. 4 used to refill 54; or alternatively, element located between 56 and 54 as seen in FIG. 4); d) one or more spouts (58) disposed in said water channel; and e) wherein said one or more spouts are configured to spray water into said enclosed area (as seen in the figures, the spout 58 is located in the interior of the enclosed area for use when a user is in the enclosed area).
Claim 2: Ray discloses a control valve connected to said water channel (col. 3, lines 11-13).
Claim 3: Ray discloses said water channel as further comprising a reservoir (54, when water channel is considered to be element 14).
Claim 4: Ray discloses a reservoir (54) connected to said water channel (when water channel is considered element 56/58).
Claim 6: Ray discloses a doorway (formed by 76a, 76b, and 78) disposed in one of said plurality of panels (as seen in FIG. 2).
Claim 8: Ray discloses said doorway as further comprising a flap (76a, 76b) and a zipper (78) connected to said flap.
Claim 9: Ray discloses one or more support poles (22).
Claim 12: Ray discloses an outer cover (18) removably secured to said water spray tent structure.
Claim 13: Ray discloses a floor (60).
Claim 14: Ray discloses one or more drain openings (64) in said floor.
Claim 15: Ray discloses one or more stakes (88) for securing said water spray tent structure to the ground.
Claim 16: Ray discloses one or more spouts are disposed directly above said enclosed area (as seen in the figures).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ray (US 5,790,992) alone.
Ray is discussed above and teaches the doorway to comprise a flap (76a, 76b), but teaches a zipper for securing the flaps, and therefore lacks one or more ties. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use one or ties in place of the zipper since ties are an old and well-known closure means in the art that would be an equivalent alternative to a zipper.
Claim(s) 1-4, 6, 9, 10, 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 7,946,307 B2) in view of Rehkemper (US 8,210,194 B2).
Claim 1: Zheng discloses a water spray tent structure comprising: a) a plurality of panels (22, 24, 26, 28), wherein said plurality of panels define an enclosed area (as seen in FIG. 1; col. 1, lines 65-67); b) a water channel (52, 64) secured to at least one of said plurality of panels (as seen in FIG. 1); c) a water source receiving adapter (54) connected to said water channel (FIG. 1); d) one or more spouts (66) disposed in said water channel.
Zheng does not explicitly teach the one or more spouts as being configured to spray water into said enclosed area. Rehkemper teaches a water spray tent structure comprising: a) an enclosed area (31); b) a water channel (60) secured to said enclosed area (via frame member 30); c) a water source receiving adapter (46, 71) connected to said water channel (FIG. 5a); d) one or more spouts (63/65) disposed in said water channel; and e) wherein said one or more spouts are configured to spray water into said enclosed area (col. 3, lines 38-47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zheng to include one or more of the spouts (such as 48, 60 or 62) as being configured to spray water into the enclosed area, such as taught by Rehkemper, to provide more areas within the enclosed area space for the user to be able to splash/play in the water.
Claim 2: Rehkemper teaches a control valve (59) connected to said water channel (so that water can be diverted to the desired spout, col. 3, lines 41-47; also, pressure regulating valves can be included to adjust the water pressure, col. 3, lines 24-26).
Claim 3: Zheng discloses said water channel further comprises a reservoir (the reservoir could be considered the circular portion of tubing on panel 24 that inherently holds the water that is dispensed by spouts 66 on the circular portion; similarly, the reservoir could be considered elements 60 or 62 as they also hold water before it is dispensed outward by the spouts therein).
Claim 4: Zheng discloses a reservoir (the reservoir could be considered the circular portion of tubing on panel 24 that inherently holds the water that is dispensed by spouts 66 on the circular portion; similarly, the reservoir could be considered elements 60 or 62 as they also hold water before it is dispensed outward by the spouts therein) connected to said water channel (via 58 and 64).
Claim 6: Zheng discloses comprising a doorway (50) disposed in one of said plurality of panels (as seen in FIG. 1).
Claim 9: Zheng discloses one or more support poles (40).
Claim 10: Zheng discloses each of said one or more support poles are integral to a respective panel (col. 1, lines 65-67 through col. 2, lines 1-10).
Claim 16: If Zheng was modified to include the spouts in element 62 to be modifies so that the spouts (and element 62) was configured to spray water into said enclosed area, as taught by Rehkemper, discussed above, then said one or more spouts would be disposed directly above said enclosed area (such as taught by Rehkemper, which as the shower head located directly above the center of the enclosed area).
Claim 17: Zheng discloses said one or more spouts as being disposed laterally to said enclosed area (as seen in FIG. 1, the spouts in areas 48, 60, and 62 are disposed on the panels, such as 60 and 48, and therefore lateral to the enclosed area or outside of the structure, such 62, and therefore are disposed laterally to said enclosed area).
Claim 18: Zheng discloses a water spray tent structure comprising: a) a plurality of panels (22, 24, 26, 28), wherein said plurality of panels define an enclosed area (as seen in FIG. 1; col. 1, lines 65-67); b) a water channel (52, 64) secured to at least one of said plurality of panels (as seen in FIG. 1); c) a water source receiving adapter (54) connected to said water channel (FIG. 1); d) a reservoir (the reservoir could be considered the circular portion of tubing on panel 24 that inherently holds the water that is dispensed by spouts 66 on the circular portion; similarly, the reservoir could be considered elements 60 or 62 as they also hold water before it is dispensed outward by the spouts therein) connected to said water channel (via 58 and 64), and e) one or more spouts disposed (66) in said reservoir (as seen in FIG. 1).
Zheng does not explicitly teach the reservoir being disposed directly above said enclosed area and the one or more spouts as being configured to spray water into said enclosed area. Rehkemper teaches a water spray tent structure comprising: a) an enclosed area (31); b) a water channel (60) secured to said enclosed area (via frame member 30); c) a water source receiving adapter (46, 71) connected to said water channel (FIG. 5a); d) a reservoir (the reservoir could be considered the element in which valve 59 is located and/or element 63 that inherently holds the water that is dispensed by the spouts in shower head 65) connected to said water channel (via smaller tube at the end of 61; FIG. 5c), wherein said reservoir is disposed directly above said enclosed area (FIG. 5c); e) one or more spouts disposed in said reservoir (shower head 65 inherently has at least one spout to dispense water); and f) wherein said one or more spouts are configured to spray water into said enclosed area (col. 3, lines 38-47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zheng to include the reservoir (62) being disposed directly above said enclosed area and the one or more spouts (the spouts located in shower head 62) as being configured to spray water into said enclosed area, such as taught by Rehkemper, to provide more areas within the enclosed area space for the user to be able to splash/play in the water.
Claim 19: Rehkemper teaches a control valve (59) connected to said water channel (so that water can be diverted to the desired spout, col. 3, lines 41-47; also, pressure regulating valves can be included to adjust the water pressure, col. 3, lines 24-26).
Claim 20: Zheng discloses a) a plurality of flexible support poles (40); b) wherein each of said plurality of flexible support poles are respectively integral to one of said plurality of panels (col. 1, lines 65-67 through col. 2, lines 1-10); c) wherein said plurality of flexible support poles are configured to be positioned between an erect configuration and a folded configuration (col. 2, lines 11-22); d) wherein in said erect configuration (FIG. 1) said enclosed area is at a maximum volume; and e) wherein in said folded configuration (FIG. 3C) said folded configuration, said enclosed area has a volume that is less than said maximum volume.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 7,946,307 B2) in view of Rehkemper (US 8,210,194 B2) as applied to claim 1 above, and further in view of Zheng (US 5,816,954).
The combination of Zheng ‘307 and Rehkemper is discussed above but Zheng does not explicitly disclose at least one of said plurality of panels comprises a mesh portion. Zheng ‘954 discloses a panel (20) of a similar construction to that of Zheng ‘307, wherein the panel comprises a mesh portion (col. 4, lines 45-59). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination to include at least one panel comprising a mesh portion, as suggested by Zheng ‘954, since mesh is known as a durable fabric that can still allow one to see through it so the interior of the enclosed area would still be visible to people (adults/parents) that are outside of the enclosed area.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 7,946,307 B2) in view of Rehkemper (US 8,210,194 B2) as applied to claim 1 above, and further in view of Zheng (US 6,449,147).
The combination of Zheng ‘307 and Rehkemper is discussed above but lacks a storage pocket. Zheng ‘147 discloses a play structure comprising a plurality of panels (30a-30d), and further comprising a storage pocket (182, 184, 186; FIG. 9A). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination to include a storage pocket, as taught by Zheng ‘147, so a user would store personal objects and/or toys.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636