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 .
Response to Arguments
Applicant's arguments with respect to claim(s) 1, 4-14, and 16-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 14 is objected to because of the following informalities: “a interior” in line 11 should read --an interior--. 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.
Claim(s) 20 is/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 pre-AIA the applicant regards as the invention.
The term “generally flat” in claim 20, line 11 is a relative term which renders the claim indefinite. The term “generally flat” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Any remaining dependent claim(s) are indefinite insofar as they depend on a rejected base claim.
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, 4-5, 11-14, 16-17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moretto (US 6269494) in view of Pelicano (US 2841795).
Regarding claim 1, Moretto discloses a bathtub apparatus comprising:
a bathtub body (1) including a bottom (bottom of 1), an interior sidewall (sidewall of 1), a top (11), and a pair of opposing sides (sides of 1); and
a side panel (3) configured to be coupled to of a first side (a first side of 1 of the bathtub body, wherein the first side and the second side (a second side of 1) define the pair of opposing sides of the bathtub body (see Fig. 1), wherein the side panel is coupled to the first side of the bathtub body by sliding a top edge (30) of the side panel vertically upwards under an edge (12) of the top of the bathtub body on a respective side of the bathtub body using at least one of: one or more clips (4), one or more staples, one or more clamps, one or more rivets, and one or more magnetic couplers mounted under the edge of the top of the bathtub body (4 are mounted under 12; see Fig. 2-3) to define a flat surface (surface of 12 and 3; see Fig. 1-2) across the edge of the top of the bathtub body and the side panel (see Fig. 1-2).
However, Moretto does not explicitly disclose the reversible side panel configured to be interchangeably coupled to either of a first side and a second side of the bathtub body, wherein the reversible side panel is interchangeably coupled to either of the first side and the second side of the bathtub body as claimed.
Pelicano discloses a bath tub with reversible apron including a reversible side panel (26; col. 3, ll. 6-27) configured to be interchangeably coupled to either of a first side (a first side of 10) and a second side (a second side of 10) of the bathtub body (col. 3, ll. 6-27), wherein the reversible side panel is interchangeably coupled to either of the first side and the second side of the bathtub body (col. 3, ll. 6-27). It would have been obvious to one of ordinary skill in the art to have modified the side panel of Moretto, to be reversible as claimed, as taught by Pelicano, in order to attach the apron to either of the identical sides of the bath tub with simple tools (col. 3, ll. 6-27) and to accommodate a right or a left hand installation (col. 1, ll. 51-60).
Regarding claim 4, the combination above and specifically Pelicano further discloses a bottom-mounted support frame (22; see also Moretto, 2) with a plurality of support frame rails (each of 22) defining, with the bathtub body, a first plane (a first plane of 16 extending to 22) on the first side of the bathtub body for coupling the reversible side panel to the first side of the bathtub body and defining, with the bathtub top, a second plane (a second plane of 16 extending to 22) on the second side of the bathtub body for coupling the reversible side panel to the second side of the bathtub body (see Fig. 4).
Regarding claim 5, the combination above and specifically Pelicano further discloses the reversible side panel is interchangeably coupled to a bottom (a bottom of the sides of 10) of either of the first side and the second side of the bathtub body using a coupling mechanism (24, 36, 38, 40, 42; see also Moretto, 5) on at least one of the support frame rails (see Fig. 1-2, 4, 6, and 9).
Regarding claim 11, the combination above and specifically Pelicano further discloses the reversible side panel is configured to be coupled to the first side of the bathtub body (col. 3, ll. 6-27).
Regarding claim 12, the combination above and specifically Pelicano further discloses the reversible side panel is coupled to the first side of the bathtub body (col. 3, ll. 6-27).
Regarding claim 13, the combination above and specifically Pelicano further discloses the reversible side panel is configured to be coupled to the second side of the bathtub body (col. 3, ll. 6-27).
Regarding claim 14, Moretto discloses a bathtub apparatus comprising:
a bathtub body (1) including a bottom (bottom of 1), an interior sidewall (sidewall of 1), a top (11), and a pair of opposing sides (sides of 1); and
a side panel (3) configured to be coupled to a first side (a first side of 1) of the bathtub body, wherein the first side and the second side (a second side of 1) define the pair of opposing sides of the bathtub body (see Fig. 1), wherein the side panel is coupled to the first side of the bathtub body by sliding a top edge (30) of the side panel vertically upwards under an edge (12) of the top of the bathtub body on a respective side of the bathtub body such that the top edge of the side panel engages one or more flange clips (4) mounted under a interior vertical face of the edge of the bathtub body (4 are mounted under the interior vertical face of 12; see Fig. 2-3) to define a flat surface (surface of 12 and 3) across the edge of the top of the bathtub body and the side panel (see Fig. 1-2).
However, Moretto does not explicitly disclose a reversible side panel configured to be interchangeably coupled to either of a first side and a second side of the bathtub body, wherein the reversible side panel is interchangeably coupled to either of the first side and the second side of the bathtub body as claimed.
Pelicano discloses a bath tub with reversible apron including a reversible side panel (26; col. 3, ll. 6-27) configured to be interchangeably coupled to either of a first side (a first side of 10) and a second side (a second side of 10) of the bathtub body (col. 3, ll. 6-27), wherein the reversible side panel is interchangeably coupled to either of the first side and the second side of the bathtub body (col. 3, ll. 6-27). It would have been obvious to one of ordinary skill in the art to have modified the side panel of Moretto, to be reversible as claimed, as taught by Pelicano, in order to attach the apron to either of the identical sides of the bath tub with simple tools (col. 3, ll. 6-27) and to accommodate a right or a left hand installation (col. 1, ll. 51-60).
Regarding claim 16, the combination above and specifically Pelicano further discloses wherein the bathtub body includes a bottom-mounted support frame (22; see also Moretto, 2) with a plurality of support frame rails (each of 22) defining, with the bathtub body, a first plane (a first plane of 16 extending to 22) on the first side of the bathtub body for coupling the reversible side panel to the first side of the bathtub body and defining, with the bathtub top, a second plane (a second plane of 16 extending to 22) on the second side of the bathtub body for coupling the reversible side panel to the second side of the bathtub body (see Fig. 4).
Regarding claim 17, the combination above and specifically Pelicano further discloses wherein the reversible side panel is interchangeably coupled to a bottom (a bottom of the sides of 10) of either of the first side and the second side of the bathtub body using a coupling mechanism (24, 36, 38, 40, 42; see also Moretto, 5) on at least one of the support frame rails (see Fig. 1-2, 4, 6, and 9).
Regarding claim 20, Moretto discloses a bathtub apparatus comprising:
a bathtub body (1) including a bottom (bottom of 1), a bottom-mounted support frame (2), an interior sidewall (sidewall of 1), a top (11), and a pair of opposing sides (sides of 1); and
a side panel (3) configured to be coupled to of a first side (a first side of 1) of the bathtub body, wherein the first side and the second side (a second side of 1) define the pair of opposing sides of the bathtub body (see Fig. 1), wherein the side panel is coupled to the first side of the bathtub body by sliding a top edge (30) of the side panel vertically upwards under an edge (12) of the top of the bathtub body on a respective side of the bathtub body into one or more clips (4) mounted under the edge of the top of the bathtub body (4 are mounted under 12; see Fig. 2-3) to define a generally flat surface (surface of 12 and 3; see Fig. 1-2) across the edge of the top of the bathtub body and the side panel (see Fig. 1-2), wherein bottom-mounted support frame includes a plurality of support frame rails (rails of 20) defining, with the bathtub body, a first plane (a first vertical plane of 1) on the first side of the bathtub body for coupling the side panel to the first side of the bathtub body (see Fig. 1-2).
However, Moretto does not explicitly disclose a reversible side panel configured to be interchangeably coupled to either of a first side and a second side of the bathtub body, wherein the reversible side panel is interchangeably coupled to either of the first side and the second side of the bathtub body wherein bottom-mounted support frame includes a plurality of support frame rails defining, with the bathtub body, a second plane on the second side of the bathtub body for coupling the reversible side panel to the second side of the bathtub body.as claimed.
Pelicano discloses a bath tub with reversible apron including a reversible side panel (26; col. 3, ll. 6-27) configured to be interchangeably coupled to either of a first side (a first side of 10) and a second side (a second side of 10) of the bathtub body (col. 3, ll. 6-27), wherein the reversible side panel is interchangeably coupled to either of the first side and the second side of the bathtub body (col. 3, ll. 6-27), wherein bottom-mounted support frame (22) includes a plurality of support frame rails (each of 22) defining, with the bathtub body, a first plane (a first plane of 16 extending to 22) on the first side of the bathtub body for coupling the reversible side panel to the first side of the bathtub body and defining, with the bathtub top, a second plane (a second plane of 16 extending to 22) on the second side of the bathtub body for coupling the reversible side panel to the second side of the bathtub body (see Fig. 4). It would have been obvious to one of ordinary skill in the art to have modified the side panel of Moretto, to be reversible as claimed, as taught by Pelicano, in order to attach the apron to either of the identical sides of the bath tub with simple tools (col. 3, ll. 6-27) and to accommodate a right or a left hand installation (col. 1, ll. 51-60).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moretto (US 6269494) in view of Pelicano (US 2841795) as applied to claim 5 above, and further in view of Lebrun (US 20090255050).
Regarding claim 6, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 5.
However, Moretto does not disclose wherein the coupling mechanism includes a magnetic coupling mechanism formed between a magnet positioned on a bottom portion of the reversible side panel and a magnet positioned on at least one of the support frame rails as claimed.
Lebrun discloses a magnetized apron assembly wherein the coupling mechanism (2-2a) includes a magnetic coupling mechanism (2-2a) formed between a magnet (2a) positioned on a bottom portion (bottom portion of 60) of the reversible side panel (60) and a magnet (2) positioned on at least one of the support frame rails (50). It would have been obvious to one of ordinary skill in the art to have modified the coupling mechanism of Moretto, to include a magnetic coupling mechanism as claimed, as taught by Lebrun, since it was known in the art that magnets do not cause damage to the frame member or access panel, can be more readily removed without risk of breakage, and can be concealed from view (¶ 0010).
Claim(s) 7-8, 10, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moretto (US 6269494) in view of Pelicano (US 2841795) as applied to claims 1 and 14 above, and further in view of Walker (US 2427375).
Regarding claim 7, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, Moretto does not explicitly disclose the bathtub body includes a drain positioned on a left side of the bathtub body extending through the bottom of the bathtub body as claimed.
Walker discloses a bathtub construction wherein the bathtub body includes a drain (drain shown in Fig. 3) positioned on a left side of the bathtub body extending through the bottom of the bathtub body (see Fig. 4). It would have been obvious to one of ordinary skill in the art to have modified the bathtub body of Moretto, to include a drain as claimed, as taught by Walker, since it was known in the art to provide a tub with a usual drain pipe (col. 4, ll. 60-70).
Regarding claim 8, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, Moretto does not explicitly disclose the bathtub body includes a drain positioned on a right side of the bathtub body extending through the bottom of the bathtub body as claimed.
Walker discloses a bathtub construction wherein the bathtub body includes a drain (drain shown in Fig. 3) positioned on a right side of the bathtub body (the tub body can be installed for right hand or left hand plumbing connection; col. 4, ll. 50-60) extending through the bottom of the bathtub body (see Fig. 4). It would have been obvious to one of ordinary skill in the art to have modified the bathtub body of Moretto, to include a drain as claimed, as taught by Walker, since it was known in the art to provide a tub with a usual drain pipe (col. 4, ll. 60-70).
Regarding claim 10, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, Moretto does not explicitly disclose the bathtub body includes an elongated aperture within the interior sidewall adjacent to the top of the bathtub body that extends through the interior sidewall of the bathtub body into an overflow channel coupled to a drain as claimed.
Walker discloses a bathtub construction wherein the bathtub body includes an elongated aperture (12-13) within the interior sidewall (11) adjacent to the top of the bathtub body (2) that extends through the interior sidewall of the bathtub body (see Fig. 3-4) into an overflow channel (14) coupled to a drain (drain downstream of 14). It would have been obvious to one of ordinary skill in the art to have modified the bathtub body of Moretto, to include an elongated aperture as claimed, as taught by Walker, since it was known in the art to provide a tub with an overflow outlet and overflow pipe (col. 4, ll. 60-70).
Regarding claim 18, the combination above substantially all of the elements of the present invention as stated above in the rejection of claim 14.
However, Moretto does not explicitly disclose the bathtub body includes a drain positioned on a left side of the bathtub body extending through the bottom of the bathtub body as claimed.
Walker discloses a bathtub construction wherein the bathtub body includes a drain (drain shown in Fig. 3) positioned on a left side of the bathtub body extending through the bottom of the bathtub body (see Fig. 4). It would have been obvious to one of ordinary skill in the art to have modified the bathtub body of Moretto, to include a drain as claimed, as taught by Walker, since it was known in the art to provide a tub with a usual drain pipe (col. 4, ll. 60-70).
Regarding claim 19, combination above substantially all of the elements of the present invention as stated above in the rejection of claim 14.
However, Moretto does not explicitly disclose the bathtub body includes a drain positioned on a right side of the bathtub body extending through the bottom of the bathtub body as claimed.
Walker discloses a bathtub construction wherein the bathtub body includes a drain (drain shown in Fig. 3) positioned on a right side of the bathtub body (the tub body can be installed for right hand or left hand plumbing connection; col. 4, ll. 50-60) extending through the bottom of the bathtub body (see Fig. 4). It would have been obvious to one of ordinary skill in the art to have modified the bathtub body of Moretto, to include a drain as claimed, as taught by Walker, since it was known in the art to provide a tub with a usual drain pipe (col. 4, ll. 60-70).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moretto (US 6269494) in view of Pelicano (US 2841795) as applied to claim 1 above, and further in view of Torres (US 7278175).
Regarding claim 9, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, Moretto does not disclose the reversible side panel includes one or more removable access panels as claimed.
Torres discloses a tub skirt panel system wherein the side panel (14) includes one or more removable access panels (40). It would have been obvious to one of ordinary skill in the art to have modified the side panel of Moretto, to include one or more removable access panels as claimed, as taught by Torres, in order to provide access for cleaning or tub repair (col. 1, ll. 24-29).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Thursday 11AM-5PM.
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WILLIAM R. KLOTZ
Examiner
Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754