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, see Pg. 5, filed 7/13/26, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art DE 202013001090 which teaches the provision of an air conditioning means including an electronic management and control means located in a housing seat of a back wall of a cabin.
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., a dry fit modular profile system,) 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).
In response to applicant's argument that Geurtin (US 2022/0062031) is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992).
Applicant has argued that US 2022/0062031 (Geurtin) is directed to a shower enclosure or a wet-seal panel assembly however Geurtin explicitly states that it’s panel assembly is gas-tight (Para. 0118).
Claim Interpretation
Claim 1 requires that the heat means “are uniquely and directly associated with said back wall”. Applicant’s disclosure does not provide a definition of what would be considered “uniquely and directly associated” and their heating means is disclosed as being installed within the cabin and supported by the ground.
For the purpose of examination “uniquely and directly associated with said back wall” is being interpreted as permitting the heating means to penetrate or be coupled with the back wall but not the side walls or front wall.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 8 and 10-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant has amended claim 1 to require that the electronic management and control unit be “uniquely housed within a housing compartment (18) made in an upper closing wall (3e) adjacent to said back wall (3b)”. Applicant’s specification does not establish that this housing compartment has to be “adjacent to said back wall (3b)” and the figures depict said housing as being adjacent a front wall rather than a back wall.
For the purpose of examination the claim limitation is being interpreted as requiring an electronic management and control unit to be ‘housed within a housing compartment made in or above an upper closing wall’.
Claims 8 and 10-14 are rejected due to their dependency from claim 1.
Applicant has amended claim 1 to require that “said access wall (3a) and said side walls (3c, 3d) are entirely devoid of electrical wiring connecting said electronic management and control unit (U) to said heating means (7)”. Applicant cites Paragraphs 0039 and 0075 for support of the amendment however the disclosure does not support this limitation. Paragraphs 0038-0038 detail that the side walls are devoid of the heating means and electronic control unit and that only the rear wall is a ‘technical wall’ however neither establishes that a wiring harness cannot be associated in anyway with the side or front walls. Para. 0075 states that “The wiring harnesses are at least partially associated with the back wall 3b. Specifically, the wiring harnesses are arranged inside the back wall 3b and extend along the latter between the housing seat 10 and the upper closing wall 3e”. This does not establish grounds for a negative limitation and instead the disclosure of ‘at least partially associated with the back wall’ establishes that other arrangements are acceptable.
For the purpose of examination any system comprising a heating means and a control unit which are only ‘associated with’ the back wall and/or the upper wall will be interpreted as satisfying the claim language as such an arrangement would be configured for an electrical connection that doesn’t pass through the side or front walls.
Claims 8 and 10-14 are rejected due to their dependency from claim 1.
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.
Claims 1, 8 and 10-14 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 has been amended to require that the electronic management and control unit be “uniquely housed within a housing compartment (18) made in an upper closing wall (3e) adjacent to said back wall (3b) or within a housing seat (10) of said back wall (3b)”.
Applicant’s disclosure does not define what would constitute “uniquely housed” and as such the scope/limitations of the claim are indefinite.
For the purpose of examination the claim language is being interpreted as requiring the control unit be housed in a compartment in or above the closing wall or within a ‘housing seat’ of the back wall.
Claims 8 and 10-14 are rejected due to their dependency from claim 1.
Claim Rejections - 35 USC § 103
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 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.
Claims 1 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over EP 2452666 (Turri) in view of DE 202013001090 (DE).
Regarding claims 1 and 13-14, Turri discloses a cabin (1) for wellness treatments, comprising:
a containment structure (1) comprising a plurality of walls (2) coupled to each other and defining at least one treatment space (4) adapted to accommodate at least one user;
said plurality of walls comprising:
at least one access wall (Fig. 2, annotated below; wall with access door 3) for the access to said treatment space,
at least one back wall opposite said access wall (Fig. 2, annotated below), and
at least one pair of side walls opposite each other and located between said access wall and said back wall (Fig. 2, annotated below); and
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at least one air conditioning system (5/6/7/8) of said treatment space comprising at least heating means (5/6/7/8);
said heating means comprising at least one steam production and dispensing unit (5/7);
wherein said air conditioning system is associated with said back wall (Fig. 2), each of said side walls being devoid of said heating means (Fig. 2);
wherein said heating means is ‘uniquely and directly’ associated with said back wall (In so much as applicant’s is – mounted at back and utilities/supplies routed through back wall);
wherein said back wall comprises at least one housing seat adapted to house at least partially said air conditioning system (conduit 5 passes through the backwall to provide a through-passage for parts of the air conditioning system).
While Turri depicts the generator (7) of the air conditioning system as behind the rear wall and states that the generator can be an integral part of the cabin by being mounted in a technical zone (housing seat) or may be separate from the cabin (Specification) it is silent regarding details of such a technical zone and an electronic management and control unit.
DE teaches a cabin (26) for wellness treatments which utilizes an air conditioning system and comprises two opposing side walls (13/14), a front wall (12) with an access opening (18) and a rear wall (15/19/20) associated with the air conditioning unit by forming a technical space/housing seat (21) within the wall inside of which the air conditioning system, utility connections (wiring and plumbing) and an electronic management and control unit (Specification – pumps, energy supply, utility connections and controller).
It would have been obvious to one of ordinary skill in the art to provide an electronic management and control unit with the air conditioning system, and to mount it and the heating means in a housing seat (‘technical zone’) formed in the back wall, as taught by DE, so as to facilitate powering and controlling the heating means, as well as to provide a protected area for housing the heating means and electronic control unit separate from the conditioned interior of the cabin and/or to provide a more compact yet simplified assembly by facilitating the mounting/installation of the control and heating means at the location where the air conditioning system passes through the cabin enclosure to the interior.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Turri in view of DE as applied to claim 1 above, and further in view of US 2022/0062031 (Geurtin).
Regarding claim 8, Turri states that the cabin is configured for containing steam/heat during use as previously discussed but does not state how the walls of the cabin enclosure are joined together.
Geurtin teaches an enclosure for thermal therapy comprising a plurality of wall elements (302/307) connected through joining means comprising at least one profiled element (202) having at least one retaining portion (inside surface facing panels) provided with at least one contact surface (inside surface facing panels) and at least a first gasket element made at least partially of silicone (Para. 0118) having 'a complementary conformation' to said contact surface such that when the contact surface engages a lateral edge of a wall of the enclosure the silicone gasket member forms an air- tight connection between the contact surface and wall (Para. 0118-0119).
It would have been obvious to one of ordinary skill in the art to provide gasket member having a 'complementary conformation' to a contact surface such that it is configured to form an air-tight connection when abutting against a sidewall of a wall, as taught by Turri, so that once assembled the enclosure will be configured to maintain a controlled environment within the enclosure for therapeutic or recreational purposes.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Turri in view of DE as applied to claim 1 above, and further in view of US 9,506,253 (Rosko).
Regarding claim 11, Turri does not state that a wall of the cabin is provided with a joining means comprising an opening for receiving a sidewall of a wall and a gasket element within the opening.
Rosko teaches a joining means comprising at least one profiled element (240) extending along a longitudinal direction for joining cabin walls (212a/212b) in a sealed fashion, said profiled element comprising at least one main portion (246a,246b/244a,244b) and at least one opening (248/250) made at said main portion and configured to receive substantially to size a lateral edge of a wall (236/238) of a pair of adjacent walls (236/238) with the opening further comprising a ‘second’ gasket element (252a/252b/254a/254b) in said opening which is configured to ‘tighten in a sandwich fashion’ the wall received in the opening.
It would have been obvious to one of ordinary skill in the art to provide a wall with a joining means comprising a profiled element with an opening with a gasket member configured to secure the lateral edge of a wall within the opening of the joining means, as taught by Rosko, to facilitate securing the walls together through the joining means in a secure (gasket securing the wall in any joint) and moisture resistant (gasket) manner.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Turri in view of DE as applied to claim 1 above, and further in view of EP 2453061 (Turri2).
Regarding claim 12, Turri does not state details of how the access, back and side walls are joined such as through providing at least one wall with a plurality of profiled elements arranged to make a frame.
Turri2 teaches a cabin (1) for a sauna comprising a plurality of walls (6/8) which are each provided with a plurality of profiled elements (26) to make a frame of the wall for joining with other walls.
It would have been obvious to one of ordinary skill in the art to provide at least one wall of the cabin with a plurality of profiled elements to form a frame of the wall, as taught by Turri2, so as to facilitate joining the wall element/frame with adjacent walls and/or a wall and ceiling of the cabin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 8,646,121 (Nguyen) teaches a shower and sauna system comprising a steam generator wherein the electronic control and management system for the assembly is located in a housing positioned on an exterior side of the wall upon which the shower/sauna panel is installed.
US 5,117,481 (Sung) teaches a cabin comprising air conditioning means and a control unit assembly installed in a compartment formed above/in an upper wall/ceiling.
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 NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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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/NICHOLAS A ROS/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754
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