DETAILED ACTION
Continued Examination Under 37 CFR 1.114
Applicant’s submission is acknowledged. It is noted that Claim 16 is provided with the status “(deleted)”. This does not comply with the standards set forth in 37 CFR 1.121, the relevant portion of which is reprinted below:
Claims. Amendments to a claim must be made by rewriting the entire claim with all changes (e.g., additions and deletions) as indicated in this subsection, except when the claim is being canceled. Each amendment document that includes a change to an existing claim, cancellation of an existing claim or addition of a new claim, must include a complete listing of all claims ever presented, including the text of all pending and withdrawn claims, in the application. The claim listing, including the text of the claims, in the amendment document will serve to replace all prior versions of the claims, in the application. In the claim listing, the status of every claim must be indicated after its claim number by using one of the following identifiers in a parenthetical expression: (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered).
…
When claim text shall not be presented; canceling a claim.
(i) No claim text shall be presented for any claim in the claim listing with the status of “canceled” or “not entered.”
(ii) Cancellation of a claim shall be effected by an instruction to cancel a particular claim number. Identifying the status of a claim in the claim listing as “canceled” will constitute an instruction to cancel the claim.
Applicant’s submission will be entered and examined in the interest of compact prosecution, however applicant is reminded that all future correspondence must comply with the standards set forth in 37 CFR 1.121.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/20/26 has been entered.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Drawings
The drawings are objected to because of poor line quality. The lines are distorted and the reference numerals are not readable. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Rejections - 35 USC § 102
Claim(s) 1, 4 -7, 9, 11, 12, 13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lopez (US 5,276,926).
Regarding claim 1, Lopez shows a bathtub, comprising a body and bathing basin sized effectively for bathing a young child (10), wherein the body comprises a bottom portion comprising a base (see annotated figure below, 22); and a set of opposing sidewalls (see annotated figure below) adjacent to and integral with the bottom portion (see figure 1 and note that the lateral sidewalls are attached to the bottom while 12 is attached to 22 through 21 and thus an integral assembly is formed); wherein at least one sidewall (12) is an adjustable sidewall configured to extend between an upright and at least one inclined/reclined position with respect to the base (col. 2, ln. 24-25). Note that the upright position will be at the lowest protrusion, while the reclined position will be at any of the higher ones (see fig. 3).
Regarding claims 4-5, Lopez shows the at least one adjustable sidewall further comprises a first back rest (12) and a backrest overmold which is textured to prevent sliding (col. 2, ln. 16-20; note: mesh).
Regarding claim 6, Lopez shows that the adjustable sidewall extends to comprise a headrest configured to support the head of the child (18).
Regarding claims 7 and 9, Lopez shows a rear leg having a track profile defining resting portions (43/44) along which positions of a cross bar (24) and the sidewall is adjusted and locked (col. 2, ln. 38-43), there being at least 3 different reclining positions (see fig. 3, note multiple ridges and grooves 43/44).
Regarding claim 11, Lopez shows that the sidewall opposite to the adjustable one has a second backrest without a headrest (14, fig. 3, see annotated figure below).
Regarding claim 12, Lopez shows that the bathtub is configured to nest within an identical tub with a nesting space differential of less than about 1.85 inches. Note that the device of Lopez is capable of this function. It should be noted that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114(I).
Regarding claim 13, Lopez shows that the body has a ‘nominal’ thickness. See fig.1. Note that everything made from a material has at least some sort of thickness. Inasmuch as applicant has defined ‘nominal’ as meaning stackable’, the limitation has also been addressed above in the rejection of claim 12.
Regarding claim 17, Lopez shows a method for adjusting an adjustable bathtub, wherein the method comprises adjusting the angle of the sidewall which is configured to extend between an upright position with respect to the base and at least one inclined/reclined position with respect to the base, wherein the adjustable sidewall is ‘integrally formed’ with the base (note that absent definition in the specification, “integrally formed” is broad enough to encompass attachment, fastening, or other constructions and in the instant case, 12 is attached to the base via the interaction of 21 and 24 with 36 and the leg portion, respectively); wherein the bathtub comprises a rear leg having a track profile defining a plurality of resting positions along which positions of a cross bar and the at least one adjustable sidewall is adjusted and locked. See annotated figure below. The method as claimed is performed via the normal use of the device of Lopez.
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Claim Rejections - 35 USC § 103
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lopez.
Regarding claims 14 -15, Lopez as modified shows all of the instant invention as discussed above, and further shows that the reclined position is angular with respect to the base, but is silent as to it being from 155 – 120 degrees, or more particularly 138 degrees. However, there is nothing in the record which establishes that the claimed angular positioning presents a novel or unexpected result, is used for a particular purpose, or solves a stated problem (MPEP 2144.05(III)). Therefore, one of ordinary skill in the art would expect the bath of Lopez to perform equally well as applicant' s. It would have been obvious to have modified the device of Lopez to have angular adjustment as claimed since such a modification is a mere design consideration which fails to patentably distinguish.
Claim(s) 2 – 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lopez in view of KR2020120000955 (hereinafter KR '955).
Regarding claims 2 and 3, Lopez shows all of the instant invention as discussed above, but does not show the particulars of the drain and hump in the base. Attention is turned to KR ‘955 which teaches a similar baby bath having a hump (300) which can be used to stabilize the child and a drain recess having a plug that caps the recess to plug and unplug the basin (500)(see fig. 7). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the drain and hump of KR ‘955 in the device of Lopez in order to stabilize the infant and making emptying the tub simpler.
Claim(s) 8, 10, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lopez in view of Chapman (US 2,285,900).
Regarding claims 8 and 10, Lopez shows all of the instant invention as discussed above, but does not provide that the sidewall is locked in the reclined or upright position with a ‘push lock’ mechanism. Attention is turned to Chapman which teaches a similar bathing device for children, including a cross bar which is held within a locking recess via pushing, therefore constituting a ‘push lock’. See annotated figure below. It would have been obvious to have provided locking recesses like those of Chapman in the device of Lopez in order to more securely hold the sidewall and headrest in the desired position.
Regarding claim 18, Lopez shows all of the instant apparatus and method as discussed above, but does not provide that the sidewall is locked in the reclined or upright position with a ‘push lock’ mechanism. Attention is turned to Chapman which teaches a similar bathing device for children, including a cross bar which is held within a locking recess via pushing, therefore constituting a ‘push lock’. See annotated figure below. It would have been obvious to have provided locking recesses like those of Chapman in the device of Lopez in order to more securely hold the sidewall and headrest in the desired position.
Regarding claim 19, Lopez shows a bathtub, comprising a body and bathing basin sized effectively for bathing a young child (10), wherein the body comprises a bottom portion comprising a base (see annotated figure above, 22); and a set of opposing sidewalls (see annotated figure below) adjacent to and integral with the bottom portion (see figure 1 and note that the lateral sidewalls are attached to the bottom while 12 is attached to 22 through 21 and thus an integral assembly is formed); wherein at least one sidewall (12) is an adjustable sidewall configured to extend between an upright and at least one inclined/reclined position with respect to the base (col. 2, ln. 24-25). Note that the upright position will be at the lowest protrusion, while the reclined position will be at any of the higher ones (see fig. 3), and a rear leg having a track profile defining resting portions (43/44) along which positions of a cross bar (24) and the sidewall is adjusted and locked (col. 2, ln. 38-43).
Lopez does not provide that the sidewall is locked in the reclined or upright position with a ‘push lock’ mechanism. Attention is turned to Chapman which teaches a similar bathing device for children, including a cross bar which is held within a locking recess via pushing, therefore constituting a ‘push lock’. See annotated figure below. It would have been obvious to have provided locking recesses like those of Chapman in the device of Lopez in order to more securely hold the sidewall and headrest in the desired position.
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Response to Arguments
Applicant’s arguments have been fully considered, but they are not persuasive.
Applicant argues that the sidewalls identified by the Examiner are not a part of the tub body. However, there is nothing precluding the interpretation of the adjustable back rest portion of the seat 12 as being a sidewall and also a part of the tub body. The claim is open construction (i.e., “comprising”) and does not require a narrow construction having no other components as argued by applicant. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant further argues that Lopez does not show that the sidewalls are integral with the base. As noted in the rejection above, inasmuch as the seat portion 12 is attached to the tub portion 30, it is integral (see Merriam-Webster, defining integral as “formed as a unit with another part” [https://www.merriam-webster.com/dictionary/integral)]. Applicant does not specifically redefine “integral” and “integrally formed” as a single, continuous, monolithic piece, nor is there support in the originally filed disclosure for such a construction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fotre et al (US 3,995,331) shows an adjustable infant tub having a base (22), a plurality of opposed sidewalls (12, 16, 14, 18), wherein at least one sidewall is adjustable (12, 18) relative to the base and wherein the adjustable sidewall is integrally formed with the base (at 24).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/ERIN DEERY/Primary Examiner, Art Unit 3754
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