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 .
Election/Restrictions
Applicant’s election without traverse of Group I Specie A in the reply filed on 5/28/26 is acknowledged.
No pending claims have been withdrawn.
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.
Claim 26 is 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 26 recites the limitation "the water dam" in the first line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 26 depends from claim 15 which is cancelled and which does not recite a water dam. The water dam of the first edge of the base is defined in claim 25.
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 22 and 29 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 22 requires that:
the extruded channel is configured to receive water traveling between the first flange and the second flange and direct the water toward the base.
Claim 22 depends from claim 1 which requires:
the extruded channel shaped to direct water from the first and second flanges down toward the base and away from the one or more walls.
As such the limitation of claim 22 does not further define the invention as claim 1 already requires the channel be configured for this functionality.
Claim 29 requires that:
Claim 29 depends from claim 9 which requires:
the additional extruded channel shaped to direct water from the third flange and the mirror flange down toward the base and away from the one or more walls.
As such the limitation of claim 22 does not further define the invention as claim 9 already requires the channel be configured for this functionality.
the additional extruded channel is configured to direct water away from the one or more walls and toward the base
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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2, 6, 8-10, 21-22, 24-26 and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over US 5,692,345 (Mogaki) in view of US 11,700,974 (Ferris).
Regarding claim 1, Mogaki discloses a bathing unit for placement proximate in one or more walls of a building comprising:
a base including a length, a width, a collection area, a first edge, and a second edge;
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a first panel (30L/30D) including a wall side (31L), an exposed side (32L), a first height (Fig. 6), a first panel attaching side, and a first base end, the first base end shaped to engage at least the first edge of the base, the first panel attaching side including a first flange (33L/34L) extending from the wall side away from the exposed side;
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a second panel (30R/30B/30C) including a wall side (31R), an exposed side (32R), a second height approximately equal the first height, a second panel attaching side, and a second base end, the second panel attaching side including a second flange (33R/34R) extending from the wall side away from the exposed side, the second panel attaching side configured to be positioned adjacent to the first panel attaching side (Fig. 4); and
an extruded (C3 L49-58) channel (10/20) configured to receive the first flange and the second flange, the extruded channel shaped to direct water from the first and second flanges down toward the base and away from the one or more walls (Fig. 7; C5 L32-39).
Mogaki discloses that the first and second panels are shaped to be installed along the first and second edges of the base but does not explicitly discuss the shape of the base end of panels and if they can engage the edges of the base.
Ferris teaches a bathing unit comprising a base (12), a first panel (16) along a first edge of the base and a second panel (14) along a second edge of the base wherein the base end of the panels is configured to engage with the first edge of the base (wall panel structure 70; Fig. 10).
It would have been obvious to one of ordinary skill in the art to configure the base end of the panels to be shaped to engage their respective edges of the base, as taught by Ferris, so as to provide more complete coverage of the surrounding walls and/or ensure proper installation/fitting of the system.
Regarding claim 2, Mogaki states that the extruded channel is configured to be coupled to one or more walls (40) of the building independent of the first and second panels (Fig. 3a; Fasteners 16).
Regarding claim 6, Mogaki states that the first edge of the base includes a backsplash (52a) extending therefrom (Fig. 7) and a lower portion of the channel overlaps the first backsplash (Fig 7).
Regarding claim 8, Mogaki states that:
the first flange includes a first portion extending perpendicularly from the wall side at the first panel attaching side (Fig. 1, annotated below) and a second portion (34L) angled relative to the first portion (Fig. 1; annotated below); and
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the second flange includes a first portion extending perpendicularly from the wall side at the second panel attaching side (Fig. 1, annotated figure above) and a second portion (34R) angled relative to the first portion, the second portion of the second flange configured to be adjacent to the second portion of the first flange when the first and second panels are positioned adjacent to each other and resting on the base (Fig. 4).
Regarding claim 9, Mogaki in view of Ferris teaches the formation of the panels with base ends shaped to engage the base edges as previously discussed. Ferris states that:
the base includes a third edge (Fig. 5, base along panel 30A);
further including a third panel (30A) including a wall side, an exposed side, a third height approximately equal to the first height, a third panel attaching side, and a third base end, the third base end shaped to engage at least the third edge of the base, the third panel attaching side including a third flange extending from the wall side away from the exposed side (C4 L62-67 - matching panel structure);
the second panel including a mirror panel attaching side, the mirror panel attaching side including a mirror flange extending from the wall side away from the exposed side, the mirror panel attaching side configured to be positioned adjacent to the third panel attaching side (C4 L62-67 – matching/mirrored panel structures); and
further including an additional extruded channel (channel 10E/20) configured to receive the third flange and the mirror flange (Figs. 5-7), the additional extruded channel shaped to direct water from the third flange and the mirror flange down toward the base and away from the one or more walls (Fig. 7; C5 L32-39).
As previously discussed Mogaki in view of Ferris teaches the shaping of the base end of the panels.
Regarding claim 10, Mogaki states that the second panel includes a lower portion and an upper portion (upper and lower halves).
Regarding claim 21, Mogaki states that the extruded channel extends vertically along a majority of the first height of the first panel.
Regarding claim 22, Mogaki states that the extruded channel is configured to receive water traveling between the first flange and the second flange and direct the water toward the base (C5 L32-39).
Regarding claim 24, Mogaki states that the extruded channel is coupled to the one or more walls independent of the base (Fig. 3a; secured to wall through fasteners 16).
Regarding claims 25-26, Mogaki does not state the inclusion of a water damn positioned adjacent the first edge.
Ferris teaches a bathing unit comprising a base (12), a first panel (16) along a first edge of the base and a second panel (14) along a second edge of the base. An end of the first edge of the base is provided with a water dam (56; Fig. 10) and a base end (Fig. 10) of the first panel is configured to engage with the first edge of the base (wall panel structure 70) and comprises an indentation (56) configured to mate with the water dam.
It would have been obvious to one of ordinary skill in the art to provide an end of the first edge of the base with a water dam and configure the first panel with an indentation to mate with said dam, as taught by Ferris, so as to form a continuous/complete barrier at an opening/front edge of the bathing area which directs water back to the bathing area/prevents the water from spilling out of the bathing area.
Regarding claim 28, Mogaki does not state the inclusion of an insert configured to receive personal cleaning products.
Ferris teaches a bathing unit comprising a base (12), a first panel (16) along a first edge of the base and a second panel (14) along a second edge of the base. The second panel is provided with inserts (64 – shelves with recessed area formed into the panel structure) configured to receive personal cleaning products in at least an upper portion of the panel.
It would have been obvious to one of ordinary skill in the art to provide an insert in an upper or lower portion of the second panel, as taught by Ferris, so as to provide a user a storage area for their bathing supplies/equipment.
Regarding claim 29, Mogaki states that the additional extruded channel (10E/20) is configured to direct water away from the one or more walls toward the base (Fig. 7 depicts equivalent channel 10F; C5 L32-39).
Claims 7 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over US Mogaki in view Ferris as applied to claims 1 and 10 above, and further in view of US 11,053,689 (Zimbric).
Regarding claim 7, Mogaki states that the first and second panel engage at a corner of the first and second edges through a corner channel (10F) instead of one panel extending to an opposing edge.
Zimbric teaches a bathing unit comprising a base (20/22/24), a first panel (14/102/104) and a second panel (16/108) wherein the first panel has a base end which is shaped to engage a first edge of the base and a portion of the second edge of the base (Fig. 28).
It would have been obvious to one of ordinary skill in the art to extend/shape the base end of the first panel to engage a portion of the second edge, as taught by Zimbric, so as to configure the adjacent panel edges to be parallel instead of perpendicular to each other eliminating the need for corner channels thereby reducing costs and/or complexity.
Regarding claim 27, Mogaki states that the second panel includes upper and lower portions in the form of upper and lower halves but does not state that the upper and lower portions are separate structures configured to frictionally engage each other.
Zimbric teaches a bathing unit comprising a base (20/22/24), a first panel (16/108) and a second panel (14/102/104) wherein the second panel comprises a lower portion (104) and an upper portion (102). The upper and lower portions of the second panel are configured to frictionally engage with each other (129 of upper portion is received in channel 126; C8 L20-28).
It would have been obvious to one of ordinary skill in the art to configure the second panel to be separate upper and lower portions configured to frictionally engage one another, as taught by Zimbric, to make the panel system more modular for differently designed bathing areas and/or to facilitate cheaper/easier/more compact shipping, storing and installation of the panels as their size is reduced/divided while also not requiring additional fastening structures.
Allowable Subject Matter
Claims 3-5 and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose a bathing unit as claimed comprising a plurality of panels comprising flanges extending from a bathing unit side rearwardly to a wall side for being received in an extruded channel configured to receive the flanges of adjacent panels and to direct water received from the bathing area/panels into the channel and direct the water down toward a base which has a recessed channel aligned with the extruded channel that is shaped to receive water from the extruded channel and direct it toward a collection area of the base.
The prior art of record does not disclose a bathing unit as claimed comprising a plurality of panels comprising flanges extending from a bathing unit side rearwardly to a wall side for being received in an extruded channel configured to receive the flanges of adjacent panels and to direct water received from the bathing area/panels into the channel and direct the water down toward a base the flanges of the panels shaped as claimed so as to mate together within the extruded channel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2005/0028268 (Hess) teaches a bathing unit comprising a base with walls along a first and second edge and a water dam formed at an end of the first edge to prevent water escaping the bathing area.
US 3,158,237 (Schooler) teaches a bathing unit comprising a base and a plurality of panels which engage each other and are configured to direct water back into the base away from the walls through a channel however the channel is part of a panel rather than receiving rearwardly extending flanges from both panels.
US 4,671,026 (Wissinger) teaches a bathing unit comprising a base and a plurality of panels including a panel comprising separate upper and lower surfaces however the panels do not connect through rearwardly extending flanges received within a channel.
US 7,490,371 (Torres) teaches a bathing unit comprising a base with a plurality of recessed channels for directing water toward a central collecting area however the channels in the base are not configured to align with or receive channels which couple adjacent panels of a surrounding enclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 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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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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