DETAILED ACTION
This is responsive to the amendment dated 7/8/26.
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.
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, and 7 - 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turri (EP 2452666) in view of Huang et al. (CN 2234268, hereinafter Huang).
Regarding claim 1, Turri discloses a cabin (1) for wellness treatments including a sauna/steam bath (abstract), including a containment structure (fig. 2) comprising a plurality of walls coupled to each other (fig. 2) and defining at least one treatment space (4) adapted to accommodate at least one user, the walls comprising: at least one access wall (2, 3) for access to the treatment space, at least one back wall (opposite of 2,3), and at least pair of side walls opposite each other (orthogonally connected to front and back wall)(fig. 2) and located between the access wall and back wall; at least one air conditioning system of the treatment space comprising a heating means (5, 6, 7, 8) associated with the back wall while each of the side walls are devoid of the heating means, wherein the back wall comprises at least one housing seat made inside of the back wall and adapted to house at least part of the air conditioning system (see annotated figure below). Note that insofar as there is a seat that receives conduit (5) that is positioned between the inner and outer surface of the back wall, it is considered to be “made inside” of the back wall.
Turri is silent as to an electronic management and control unit of the heating means, although there must be some control and power architecture because of the lights. Attention is turned to Huang which teaches a similar steam bath cabin having an electric heater (2) and an electronic management and control unit (3) located on the roof of the enclosure (fig. 2) and controlling the output of steam (via 16). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the heating and controlling device of Huang in the enclosure of Turri so that the temperature and production of the steam can be regulated. Under the proposed modification, the side walls will be devoid of the electronic management and control unit since it is located on the roof.
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Regarding claim 4, Turri as modified shows that the treatment space comprises at least one shelf element (14) associated with the back wall (fig. 2) and comprising at least one cavity in communication with the housing seat and adapted to house at least a part (6) of the heating means. See annotated figure above, fig. 4 showing portion of 6 communicating with 5 through the housing seat and located under shelf..
Regarding claim 5, Turri as modified shows that the heating means comprise at least one steam production (7) and dispensing unit (5, 6).
Regarding claim 7, Turri as modified shows that the shelf element (14) comprises a supporting portion (45) for the user.
Regarding claim 8, Turri as modified shows that the air conditioning system also includes a steam interception (piping 18) and regulation means (dispenser 17 and closing element 15) associated with the back wall (see annotated figure above) and the shelf element (fig. 3).
Regarding claim 9, Turri as modified shows that the containment structure includes an upper closing wall/roof (para. [0017]), and under the proposed modification with Huang, also shows that the upper closing wall includes at least one housing compartment (see annotated figure below) adapted to house the electronic management and control unit (3).
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Claim(s) 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Turri and Huang, as applied to claim 1, in view of Brunelle et al. (CA 2638508 hereinafter Brunelle).
Regarding claim 3, Turri shows all of the instant invention as discussed above, and further provides that the heating means extends through the back wall of the cabin, and may be an integral part of the cabin, mounted in a suitable zone (para. [0018]), but does not explicitly provide that the heating means is only and directly associated with the wall. Attention is turned to Brunelle which teaches a similar enclosure (62) having a wall (64) on which a heating unit (13, 22) is only and directly associated (i.e., built in, attached). It would have been obvious to one having ordinary skill in the art to have attached or connected the heating means of Turri to the back wall of the enclosure so as to create a spa with minimal footprint.
Regarding claim 10, Turri and Huang show all of the instant invention as discussed above, but do not show an inlet port and a leaf as claimed. Attention is turned to Brunelle which teaches a similar enclosure having a housing compartment (10) which houses various control components of the spa, there being an inlet port (circumscribed by frame 9 in fig. 2), and a leaf (16’) associated with the port and movable between open and closed positions, respectively away from and covering the port, in order to allow and prevent access to the components of the spa. It would have been obvious to one having ordinary skill at the time of effective filing to have provided a movable leaf like that taught by Brunelle in the modified device of Turri in order to protect the control unit from steam or other environmental factors but still allow access for maintenance.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Turri and Huang, as applied to claim 1, in view of DE 202011107004 (hereinafter DE ‘004).
Regarding claim 6, Turri as modified shows all of the instant invention as discussed above, but does not show that the shelf element is cantilevered from the back wall. DE ‘004 teaches a similar sauna (1) having a shelf element (5, 5’) which is cantilevered to the wall (see fig 2). It would have been obvious to cantilever the shelf element of Turri in order to minimize legs or other supports which would interfere with the steam and heating elements.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Turri and Huang, as applied to claim 1, in view of Sung (US 5,117,481).
Regarding claim 12, Turri as modified shows all of the instant invention as discussed above, but does not show that at least one of the side walls is associated with the back and access walls in a removable manner. Attention is turned to Sung which teaches a similar spa enclosure (fig. 1) wherein the front/access panel (2,3) and the back panel (7,8) are removably attached to the side walls (abstract). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the walls of the sauna of Turri as modified with the ability to be detached so that the spa can be broken down when not in use.
Claim(s) 13 - 14 are rejected under 35 U.S.C. 103 as being unpatentable over Turri and Huang, as applied to claim 1, in view of Schimmel (US 10,724,259).
Regarding claims 13 – 14, Turri as modified shows all of the instant invention as discussed above, but does not provide a coupling means on the back wall such that at least two cabins are coupled together by interposition of the coupling means. Attention is turned to Schimmel which teaches a similar, portable cabin having a rear wall (23), and a plurality of openings (21a) associated with each of the four corners of the roof (21)(and thus associated with each of the four walls of the enclosure). Schimmel further teaches a coupling means (150) interposed between two adjacent cabins (101) such that two cabins and thus, the back walls thereof, are coupled together. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided openings and connectors in the device of Turri as modified so that additional units can be coupled together for concerts or festivals or other similar events. While Schimmel illustrates that the connector is associated with access wall of sauna and not the back wall, Schimmel also shows identical openings at four corners of the enclosure (col. 6, ln. 51-52) that can receive the coupling means and accordingly, leaves the choice of where to place the coupling means up to the ordinary artisan. It is a design choice well within the purview of the ordinary artisan to attach the multiple units together at the front wall, back wall, or both.
Double Patenting
The terminal disclaimer filed on 7/7/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted to application 18/693,452 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant arguments have been considered, but they are not persuasive.
Applicant first argues that Turri fails to disclose a cabin in which the sidewalls are structurally devoid of the active conditioning components, pointing to paras. [0026] and [0027]. The Examiner respectfully disagrees and notes that the steam feeding means (5) includes a multi-part pipe that is located outside of the cabin and traverses the back wall of the containment structure to connect to the diffuser. As shown in figure 2, the multipart steam feeding means is illustrated as only entering in through the rear wall. There is no indication in Turri that any of the parts of steam feeding means 5 are located within orthogonally oriented sidewalls 2. Applicant’s arguments to the contrary are not supported by Turri.
Applicant next argues that Turri is devoid of any teaching of a housing seat. The Examiner respectfully disagrees and notes that to the extent that applicant defines the housing seat as being positioned between the two faces 11 and 12 of the back wall (see the as-filed specification, p. 5), the structure of Turri is the same.
Applicant appears to argue that Huang cannot be used to teach a control unit which is not in the sidewalls of the cabinet. The Examiner respectfully disagrees. In this case, Turri is entirely silent as to a control/power structure. Huang teaches a similar cabinet where the control/power structure is located on the roof and not in either of the sidewalls as required by amended claim 1. It is noted that the claim does not require that the electronic management and control unit be contained in the housing seat, merely that “each of said sidewalls [are] devoid of said heating means and of said electric management and control unit.” The combination of Turri and Huang, as articulated in the above rejection, meets this limitation. It is further noted that this is the arrangement taught by Applicant.
Additionally, the argument that any combination with Huang would require the routing of steam pipes through the lateral walls of Turri is bodily incorporation. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). The argument that Huang In this case, only the teachings of the control unit of Huang are being applied to Turri,
Applicant is reminded that a “ person of ordinary skill in the art is also a person of ordinary creativity, not an automaton. ”KSR, 550 U.S. at 421, 82 USPQ2d at 1397. “[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle.” Id. at 420, 82 USPQ2d at 1397. Office personnel may also take into account “the inferences and creative steps that a person of ordinary skill in the art would employ.” Id. at 418, 82 USPQ2d at 1396. See MPEP 2141(II)(C).
With respect to claims 13-14, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the sidewalls are constructed as simple, non-insulated “infill walls” that are easily modified or removed even when multiple cabins are connected together) are not recited in the rejected claim(s). 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). Further, while Schimmel illustrates that the connector is associated with access wall of sauna and not the back wall, Schimmel also shows identical openings at four corners of the enclosure (col. 6, ln. 51-52) that can receive the coupling means and accordingly, leaves the choice of where to place the coupling means up to the ordinary artisan. It is a design choice well within the purview of the ordinary artisan to attach the multiple units together at the front wall, back wall, or both.
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 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.
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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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/ERIN DEERY/Primary Examiner, Art Unit 3754
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