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 Status
Claims 1-8 are rejected.
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) 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tackett et al. (US 2014/0138293) [hereinafter Tackett].
With respect to claim 4, Tackett discloses a pool float device (lid), as shown in Fig. 1, having: a float body 11 (design element), as shown in Fig. 1; and, an air retention element 13-15 with threaded interior sidewalls (pool dispenser coupling mechanism) (see paragraph 0035); wherein, the air retention element 13-15 is configured to provide sufficient buoyancy to the lid, such that when the lid is coupled with a pool dispenser 30, the buoyancy enables the design element 11 to float at, or above, the water surface (see paragraph 0032).
With respect to claim 5, Tackett discloses wherein the adjustable pool dispenser coupling mechanism is selected from the group consisting of: threaded coupling, snap-fit coupling, bayonet mount, clamp coupling, band coupling, magnetic coupling, gasket sealing, latch or locking mechanism, pressure fit, friction fit, and combinations thereof, as shown in Fig. 2.
With respect to claim 6, Tackett discloses a pool float device (lid), as shown in Fig. 1, having: a design element 11, as shown in Fig. 1; an air retention element 13-15 with threaded interior sidewalls (adjustable pool dispenser coupling mechanism) (see paragraph 0035); and, a pool dispenser 30, as shown in Fig. 1; wherein, the air retention element 13-15 is configured to provide sufficient buoyancy to the lid, such that when the lid is coupled with the pool dispenser 30, the buoyancy enables the design element to float at, or above, the water surface (see paragraph 0032).
Claim Rejections - 35 USC § 102/103
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.
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) 1-3 and 7-8 are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Tackett (US 2014/0138293).
With respect to claim 1, Tackett discloses a pool float device (lid), as shown in Fig. 1, having: a float body 11 (design element), as shown in Fig. 1; and, an air retention element 13-15, as shown in Figs. 1-2, with threaded interior sidewalls (an adjustable pool dispenser coupling mechanism) (see paragraph 0035).
The limitation “wherein, the adjustable coupling mechanism allows for selective variation of the air quantity retained within the air retention element, thereby enabling control over the buoyancy of the lid to achieve a desired level of visibility of the design element above a water surface when the lid is coupled to a pool dispenser” has been considered to be a recitation of the intended use of the claimed invention which must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Tackett teaches all the claimed structure and therefore, it is inherent and/or obvious that it is capable of performing the intended use. The claimed “adjustable pool dispenser coupling mechanism” is a threaded coupling between the air retention element and the pool dispenser, as shown in applicant’s drawings, and Tackett teaches a threaded coupling between the air retention element 13-15 and a pool dispenser 30, as shown in Figs. 1-2, and therefore, it is inherent and/or obvious that the threaded coupling disclosed by Tackett is capable of performing the intended use since a threaded coupling is adjustable.
With respect to claim 2, Tackett discloses wherein the buoyancy of the lid, when coupled with a pool dispenser 30, is adjustable, since it has a threaded coupling, as shown in Fig. 2, such that the design element 11 is capable of floating at, or above, the water surface, as shown in Figs. 1-2 (see paragraph 0032).
With respect to claim 3, Tackett discloses wherein the adjustable pool dispenser coupling mechanism is selected from the group consisting of: threaded coupling, snap-fit coupling, bayonet mount, clamp coupling, band coupling, magnetic coupling, gasket sealing, latch or locking mechanism, pressure fit, friction fit, and combinations thereof, as shown in Fig. 2.
With respect to claim 7, the limitation “wherein the adjustable coupling mechanism allows for selective variation of the air quantity retained within the air retention element when coupling the air retention element to the pool dispenser, thereby enabling control over the buoyancy of the lid to achieve a desired level of visibility of the design element above a water surface when the lid is coupled to a pool dispenser” has been considered to be a recitation of the intended use of the claimed invention which must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Tackett teaches all the claimed structure and therefore, it is inherent and/or obvious that it is capable of performing the intended use. The claimed “adjustable coupling mechanism” is a threaded coupling between the air retention element and the pool dispenser, as shown in applicant’s drawings, and Tackett teaches a threaded coupling between the air retention element 13-15 and a pool dispenser 30, as shown in Figs. 1-2, and therefore, it is inherent and/or obvious that the threaded coupling disclosed by Tackett is capable of performing the intended use since a threaded coupling is adjustable.
With respect to claim 8, Tackett discloses wherein the adjustable pool dispenser coupling mechanism is selected from the group consisting of: threaded coupling, snap-fit coupling, bayonet mount, clamp coupling, band coupling, magnetic coupling, gasket sealing, latch or locking mechanism, pressure fit, friction fit, and combinations thereof, as shown in Fig. 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE GONZALEZ whose telephone number is (571)272-5502. The examiner can normally be reached M-F 9-5:30.
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/MADELINE GONZALEZ/Primary Examiner, Art Unit 1773