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 species I, Figs. 4A, 4B, 5, 6A-6D, claims 1-9, in the reply filed on 12/15/2025 is acknowledged.
Claims 10-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/015/2025.
Claim Objections
Claim 5 is objected to because of the following informalities: claim 5 depends from itself. It should depend from claim 1. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1- 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN203097347.
CN203097347 discloses an above-ground pool (Fig. 2) comprising: a pool liner 2; a band 3 connected to the exterior of the pool liner 3; an above-ground pool frame 1 comprising a plurality of above-ground pool horizontal frame members 11 and a plurality of above-ground pool vertical frame members 12, wherein the above-ground pool frame 1 can be coupled with the pool liner 3; a first above-ground pool band-frame connector device 6 (Figs. 11 and 12); and wherein the first above-ground pool band-frame connector device 6 couples a first of the plurality of above-ground pool vertical frame members 12 to the band 3.
Regarding claim 2, no substantial gaps are present between the band 3 and the pool liner 2 when the above-ground pool is filled with water.
Regarding claim 3, none of the plurality of above-ground pool vertical frame members 12 are in between the band and the pool liner when the above-ground pool is filled with water.
Regarding claim 4, the first above-ground pool band-frame connector device 6 further comprises a connector protrusion 62 and a coupling ring 61, wherein the coupling ring 61 is configured to couple to the first of the plurality of above-ground pool vertical frame members 12.
Allowable Subject Matter
Claims 5 is 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.
Claims 6-9 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gillebaard teaches an above-ground pool comprising a pool liner 14; a band 28 connected to the exterior of the pool liner 14; an above-ground pool frame comprising a plurality of above-ground pool horizontal frame members 18 and a plurality of above-ground pool vertical frame members 22, wherein the above-ground pool frame can be coupled with the pool liner 14; a first above-ground pool band-frame connector device 26 couples a first of the plurality of above-ground pool vertical frame members 22 to the band 28. Gillebaard, Jr. teaches an above-ground pool 10 comprising a pool liner 14; a band 28 connected to the exterior of the pool liner 14; the above-ground pool frame 12 can be coupled with the pool liner 14; a first above-ground pool band-frame connector device 76/78 couples a first of the plurality of above-ground pool vertical frame members 40 to the band 28.
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/HUYEN D LE/Primary Examiner, Art Unit 3754