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 .
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.
Claim(s) 1, 5-7,10-11, 13, 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 12,161,602 B1 to Fougnies et al .
Re. claim 1, Fougnies discloses a tub 10,12 (see figure 2) comprising an insulated (col. 4, line 3 and 34-40) tub basin sized to receive a portion of a person 12 (col. 3, lines 60-61; see figure 2) and comprising an inner tub sidewall 12 defining a reservoir 16 (see figure 2) for receiving fluid therein and sized to receive the portion of the person; an outer tub 18 sidewall surrounding the inner tub sidewall; and a seal 20 (see col. 4, lines 22-27) formed between the outer tub sidewall and the inner tub sidewall; and a tub lid 13 (see figure 1) removably covering an upper reservoir opening of the reservoir (see figure 1) .
Re. claim 5, Fougnies discloses a ceramic insulation material (see col. 4, lines 34-40) sealed and positioned between the inner tub sidewall and the outer tub sidewall, wherein the ceramic insulation material is positioned to thermally isolate a temperature of the inner tub sidewall from a temperature of the outer tub sidewall.
Re. claim 6, Fougnies further discloses at least one of the inner tub sidewall, the outer tub sidewall, and the tub lid comprises aluminum.
Re. claim 7, Fougnies further discloses a chiller 40-42, 44, 46 configured to regulate temperature of a fluid within the tub basin.
Re. claim 10, Fougnies discloses a tub comprising an insulated tub basin 10,12 sized to receive a portion of a person and comprising: an inner tub sidewall defining a reservoir for receiving fluid therein and sized to receive a portion of the person; an outer tub sidewall surrounding the inner tub sidewall; and ceramic insulation material (see col. 4, lines 34-40) between the outer tub sidewall and the inner tub sidewall; and a tub lid 13 (see figure 3) removably covering an upper reservoir opening of the reservoir.
Re. claim 11, Fougnies further discloses a drain filter 34, 36,38, 48 engaged with a tub opening, the drain filter comprising a plurality of filter holes configured to allow fluid to flow through from the reservoir into the tub opening and the drain filter.
Re. claim 13, Fougnies further discloses a pump 54, a cooler 40-41, and a heater 72, wherein the cooler and the heater maintain a temperature of fluid pumped through the pump to maintain a user-set temperature in the reservoir.
Re. claim 15, Fougnies further discloses the ceramic insulation material (col. 4, lines 34-40) is positioned to thermally isolate a temperature of the inner tub sidewall from a temperature of the outer tub sidewall.
Re. claim 16, Fougnies further discloses at least one of the inner tub sidewall, the outer tub sidewall, and the tub lid comprises aluminum.(col. 4, line 3 and 34-40).
Re. claim 17, Fougnies discloses a chiller 40-42, 44, 46 configured to regulate temperature of a fluid within the tub basin.
Conclusion
The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant’s disclosure. More specifically, US D1,076,124 to Fischer is directed to the state of the art as a teaching of a cold plunge tub.
Claims 2-4, 8-9, 12, 14, 18-20 and 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.
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/LORI L BAKER/Primary Examiner, Art Unit 3754
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