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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “B” (see figure 5).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. In line 1, “The present disclosure relates to” should be deleted.
Claim Objections
Claims 7-8, 13-17 are objected to because of the following informalities:
In claim 7, the recitation, “with the shape the patch” should read -- with the shape of the patch--.
In claim 13, the preamble, “A manufacturing method of a pool, the manufacturing method comprising:” should read --13. A manufacturing method for a pool, the manufacturing method comprising the steps of: --.
Since claims 8 and 14-17 are in the chain of dependency to claim 7 and 13, they too are subjected to the same objection. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 improperly depends from claim 11 and attempts to incorporate limitations from a later numbered claim (claim 11). The claim is indefinite because the boundaries of the subject matter are not clearly delineated thus making the scope unclear. See MPEP 2173 (also MPEP 2111).
Claim 17 improper because it is a method claim that depends from claim 11, an apparatus claim, which makes it clear that method steps are required. The claim does not comply with the requirements of definiteness (e.g., the claim requirement is clarity and precision). See MPEP 2173 (also MPEP 2111). Appropriate correction is required.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 10 and 17 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 10 is improper because the dependency does not refer to a preceding claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. See MPEP 608.01(n).
Claim 17 is improper because it is a method claim that depends from an apparatus claim (claim 11). Proper dependency requires dependent claims to further limit the claims of the same statutory class. Claim 17 recites, “The manufacturing method according to claim 11, wherein the wall sheet body and the patch are connected by welding” (e.g., a method of making a specified product, where a claim to the product is set forth in claim 1 is improper because the product can be made by a method other than that recited in the base method claim, and does not include the limitations of the base claim). Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. See MPEP 608.01(n).
Appropriate correction is required.
Reasons for Indication of Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
*The prior art of record does not anticipate all the limitations as recited in independent the claims.
*The prior art does not provide any teaching, suggestion or motivation to modify the prior art as such.
*There is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time the invention was made to modify the prior art to obtain the applicant’s invention.
*Even though, the individual parts are known per se, there is nothing to teach the specific structures and combinations as claimed.
The prior art of record fails to teach or suggest singularly or an obvious combination of a pool having a wall sheet wherein two opposite ends of the wall sheet are connected together to form a side wall of the pool, and the wall sheet comprises a wall sheet body provided with an opening, wherein the opening extends to at most a side of the wall sheet body.
LI (CN 221194453 U) discloses a PVC water tank 1, a double-pull belt reinforcing component 202 equidistantly set along the cavity wall comprises a patch 201. Li fails to teach or suggest at least a pool comprising a bottom sheet forming a bottom wall of the pool and a wall sheet arranged along and connected to an outer edge of the bottom sheet, wherein two opposite ends of the wall sheet are connected together to form a side wall of the pool, and the wall sheet comprises a wall sheet body provided with an opening, wherein the opening extends to at most a side of the wall sheet body; and a patch connected to a portion of the wall sheet body near the opening and covering the opening.
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ZENG (CN 218942691 U) discloses inflatable mattress 12 or pool comprises a bottom sheet 114, side wall 113 and drawstring 112 where the top of the side wall 113 is connected to the surface patch 111, and the bottom of the side wall 113 is connected to the bottom sheet 114. Zeng fails to teach or suggest at least a pool comprising a bottom sheet forming a bottom wall of the pool and a wall sheet arranged along and connected to an outer edge of the bottom sheet, wherein two opposite ends of the wall sheet are connected together to form a side wall of the pool, and the wall sheet comprises a wall sheet body provided with an opening, wherein the opening extends to at most a side of the wall sheet body; and a patch connected to a portion of the wall sheet body near the opening and covering the opening.
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MUSSA (WO 2022084820 A1) discloses a canvas pool 1 having an opening, continuous side sections 3 (see figures 5b-c) welded to each other and inflatable ring 2,4 leans on upper edge (bm) of sides 3 whereas a patch is used for repairs. Mussa fails to teach or suggest at least a pool comprising a bottom sheet forming a bottom wall of the pool and a wall sheet arranged along and connected to an outer edge of the bottom sheet, wherein two opposite ends of the wall sheet are connected together to form a side wall of the pool, and the wall sheet comprises a wall sheet body provided with an opening, wherein the opening extends to at most a side of the wall sheet body; and a patch connected to a portion of the wall sheet body near the opening and covering the opening.
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Huang (CN 209277626 U) discloses ground pool 10, tank body 12, a patch 42 connected between the side panels 24 and the round bottom 22 so as to cover the side wall 16 corresponding to the opening part of 32. Patch 42 from the interior of body 12 connected on side sheet 24 and a circular bottom; patch 42 from the external of the tank body 12 connected on the side sheet 24 and a circular bottom, a hole portion to cover side wall 16 corresponding to the opening 32. Huang fails to teach or suggest at least a pool comprising a bottom sheet forming a bottom wall of the pool and a wall sheet arranged along and connected to an outer edge of the bottom sheet, wherein two opposite ends of the wall sheet are connected together to form a side wall of the pool, and the wall sheet comprises a wall sheet body provided with an opening, wherein the opening extends to at most a side of the wall sheet body; and a patch connected to a portion of the wall sheet body near the opening and covering the opening
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Further, there is no teaching or suggestion providing motivation to one of ordinary skill in the art to somehow combine Li, Zeng, Mussa and Huang to arrive at the claimed invention. Therefore, referring to independent claims 1 and 13, the prior art of record shows a device comprising pool with a bottom and side wall along with a patch; however, a device having a pool comprising a bottom sheet forming a bottom wall of the pool; and a wall sheet arranged along and connected to an outer edge of the bottom sheet, wherein two opposite ends of the wall sheet are connected together to form a side wall of the pool, and the wall sheet comprises a wall sheet body provided with an opening, wherein the opening extends to at most a side of the wall sheet body; and a patch connected to a portion of the wall sheet body near the opening and covering the opening and further manufacturing method for a pool comprising the steps of forming an opening in a wall sheet body; covering the opening of the wall sheet body with a patch, such that the wall sheet body and the patch jointly form a wall sheet; and connecting a side of the wall sheet to an outer edge of the bottom sheet, and connecting two opposite ends of the wall sheet together to form a side wall of the pool is neither anticipated nor obvious over the prior art of record. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant’s disclosure. More specifically, Yao is directed to the state of the art as a teaching of an inflatable adjustable pool with a shading angle and a pool body with a set of bases in different positions.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORI BAKER whose telephone number is (571)272-4971. The examiner can normally be reached on Monday thru Friday: 9 am - 6 pm. Upon filing an amendment, please notify the Examiner to ensure timely processing for review. Providing representative information in an Application Data Sheet (ADS) does not constitute a power of attorney. See 37 CFR 1.76(b)(4) and MPEP § 408. For information on appointing a power of attorney, see MPEP § 402.02 et seq.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached on 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LORI L BAKER/Primary Examiner, Art Unit 3754