DETAILED ACTION
This Office Action is responsive to application number 18/576,600 - PREFABRICATED POOL, filed on 1/4/24. Claims 1-6, 9, 11, 13-14, 16-17, 20-21, 23 and 29-31 are pending. Claims 7-8, 9 (second nine), 10, 12, 15, 18-19, 22, 24-28 have been canceled.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/10/26 has been entered.
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) 1-6, 9, 11, 13-14, 16-17, 23 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hermans et al. (WO 2019/157564) in view of Christopher (US 5,086,525).
Regarding Claim 1 Hermans shows a prefabricated pool (10) comprising: a pool shell having one or more sidewalls (110); the pool shell being formed from a settable material (¶ [0013] cementitious material/concrete); and wherein the one or more sidewalls include one or more inserts (150), the one or more inserts being physically held in position by the set settable material (¶ [0043-0045]).
Hermans fails to show wherein a cover comprising one or more solid panels and a skirt extending over the one or more sidewalls (not shown, implicit) is attached to the outer surface of the one or more sidewalls via one or more inserts (28 attaches to an insert; note, col 5, lines 5-21). However, Christoper shows a cover (10 comprising one or more solid panels (40) and a skirt (23, 28) extending over the one or more sidewalls (not shown, implicit) is attached to the outer surface of the one or more sidewalls via one or more inserts (28 attaches to an insert; note, col 5, lines 5-21). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hermans to include a cover with solid panels and a skirt that may be attached via the inserts for the purpose of protecting the pool from debris when not in use as shown by Christopher.
Regarding Claim 2 Hermans shows the prefabricated pool of claim 1,wherein there is a plurality of inserts (Fig. 3).
Regarding Claim 3 Hermans shows the prefabricated pool of claim 2,wherein the inserts have an attachment portion (threads; ¶ [0043]) and a locking portion (welding; ¶ [0043] once welded prevents rotation of the inserts 150).
Regarding Claim 4 Hermans shows the prefabricated pool of claim 3, wherein the attachment portion is in the form of a hole that is internally threaded (Fig. 4, ¶ [0043]).
Regarding Claim 5 Hermans shows the prefabricated pool of claim 3, wherein the locking portion prevents rotation of the insert about a longitudinal axis of the insert with respect to the sidewall (welding; ¶ [0043] once welded prevents rotation of the inserts 150).
Regarding Claim 6 Hermans shows the prefabricated pool of claim 3, wherein the locking portion includes one or more apertures or projections that engage with the hardened or cured settable material (the welds would be considered projections and engage with the settable material via the re-rod 130).
Regarding Claim 9 Hermans shows the prefabricated pool of claim 1 wherein a length of one or more inserts may be less than half the wall thickness (Fig. 4; wall thickness encasing the re-rod; insert is attached at the vertical which is on the outside of the horizontal re-rods, therefore the insert is less than half the wall thickness).
Regarding Claim 11 Hermans shows the prefabricated pool of claim 1,wherein the inserts are located within the sidewall between the reinforcement elements (attached to some; between others 130; Fig. 4).
Regarding Claim 13 Hermans shows the prefabricated pool of claim 1, wherein a peripheral edge of a substantially planar sidewall is substantially the same thickness as the sidewall itself (¶ [0020]).
Regarding Claim 14 Hermans shows the prefabricated pool of claim 1, wherein the pool shell includes a floor (100), the sidewalls being connected to the floor (Fig. 5).
Regarding Claim 16 Hermans shows the prefabricated pool of claim 1, wherein the pool shell may include one or more steps (120, 122) or seats (160) that form part of the internal swimming hollow (100), and an external cavity (140) is formed under the steps or seat.
Regarding Claim 17 Hermans shows the prefabricated pool of claim 16, wherein one or more of the sidewalls located adjacent a step or seat extend past an end of the step (142; Fig. 5) to define the external cavity.
Regarding Claim 23 Hermans shows a method of producing a prefabricated pool, comprising the steps of: locating one or more inserts (150) within a mould (¶ [0023, 0043]), the locating of the inserts in the mould being where the sidewalls are formed; pouring a settable material into the mould so that the settable material partially surrounds the inserts; and allowing the settable material to set, thereby causing the settable material to physically hold in position the one or more inserts (0023, 0043, 0046]).
Hermans fails to show attaching a cover comprising one or more solid panels and a skirt extending over the sidewalls to an outer surface of the pool shell using the inserts located within the sidewalls of the pool shell. However, Christoper shows a cover (10 comprising one or more solid panels (40) and a skirt (23, 28) extending over the one or more sidewalls (not shown, implicit) is attached to the outer surface of the one or more sidewalls via one or more inserts (28 attaches to an insert; note, col 5, lines 5-21). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hermans to include a cover with solid panels and a skirt that may be attached via the inserts for the purpose of protecting the pool from debris when not in use as shown by Christopher.
Regarding Claim 29 Hermans shows the method of claim 23, further including the step of transporting the pool shell too and installing the pool shell at a desired location away from where the pool shell was moulded (¶ [0025]).
Claim(s) 20, 21, 30 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hermans et al. (WO 2019/157564) in view of Christopher (US 5,086,525) in view of Sellinger (US 10,478,377).
Regarding Claim 20 Hermans shows the prefabricated pool of claim 1, but fails to show wherein one more fence posts, fence panels and/or fence brackets are attached to the sidewalls via the one or more inserts. However, Sellinger shows using support brackets (15) for decking (21) which conventionally has railing/fencing; support brackets 15 are capable of being use for attaching fencing (note, col. 5, lines 61-67 and col. 6, lines 0-16). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hermans to include a support bracket for the purpose of attaching decking and railing/fencing for providing the user a place to sunbathe or entertain next to the pool as shown by Sellinger.
Regarding Claim 21 Hermans shows the prefabricated pool of claim 1, but fails to show wherein one or more starter bars or reinforcement bars are attached to one or more sidewalls via one or more inserts. However, Sellinger shows using support brackets (15); support brackets (15) which are capable of being use for reinforcement bars (note, col. 5, lines 61-67 and col. 6, lines 0-16). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hermans to include a support bracket for the purpose of attaching poured decking for providing the user a place to sunbathe or entertain next to the pool as shown by Sellinger.
Regarding Claim 30 Hermans shows the method of claim 23, but fails to show including the step of attaching one or more fence posts, fence panels and/or fence brackets to the sidewalls of the pool shell via the one or more inserts. However, Sellinger shows using support brackets (15) for decking (21) which conventionally has railing/fencing; support brackets 15 are capable of being use for attaching fencing (note, col. 5, lines 61-67 and col. 6, lines 0-16). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hermans to include a support bracket for the purpose of attaching decking and railing/fencing for providing the user a place to sunbathe or entertain next to the pool as shown by Sellinger.
Regarding Claim 31 Hermans shows the method of claim 23, but fails to show including the step of attaching one or more starter bars or reinforcement bars to the sidewalls of the pool shell via one or more inserts. However, Sellinger shows using support brackets (15); support brackets (15) which are capable of being use for reinforcement bars (note, col. 5, lines 61-67 and col. 6, lines 0-16). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hermans to include a support bracket for the purpose of attaching poured decking for providing the user a place to sunbathe or entertain next to the pool as shown by Sellinger.
Response to Arguments
Applicant's arguments filed 6/10/26 have been fully considered but they are not persuasive.
Applicant’s arguments with regard to Humphreys and Bouchard are moot in light of the new ground or rejection presented above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Romano (US Pub. 2015/0337551) shows a prefabricated pool; Desjoyaux et al. (US Pub. 2007/0000190) shows a pool panel connection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached Monday thru Thursday, 9:30 AM to 6PM EST.
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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 7/1/2026
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