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 filed 12/15/2025 have been fully considered but they are not persuasive. Applicant argues Shigematsu modified by Koizumi fails to disclose a heat and steam generating device including a sauna stove as claimed because the steam supply unit of Koizumi is for exercise studios (Applicant Arguments/Remarks, p. 6). Examiner disagrees. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Koizumi discloses exercise studio includes all types of studios for doing exercise (¶ 0030) and the steam supply unit (10) is capable of being used for a sauna.
Claim Rejections - 35 USC § 112
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.
Claim(s) 17-21 is/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 17 recites the limitation "a water heater and a piping" in line 2. It is unclear if this language is referring to the water heater and piping recited in claim 1, line 13, or an additional water heater and piping. For examination purposes, “a water heater and a piping” is interpreted to refer to the water heater and piping recited in claim 1, line 13.
Any remaining dependent claim(s) are indefinite insofar as they depend on a rejected base claim.
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, 5-9, 11-12, 14-15, and 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shigematsu (JP 2007289340; translation provided 4/19/2024) in view of Koizumi (US 20180087788) and Yatomi (US 20070089229).
Regarding claim 1, Shigematsu discloses a lava bathing-spa device, comprising:
a steam generating device (14), which is installed inside a spa room (11) including a door (23) capable of being opened or closed (see Fig. 2), and which generates steam (¶ 0016);
an interior material (11, 21) forming, of the spa room, a plurality of walls (11e), a floor (11f), a ceiling (11a), and at least one seat (31), the interior material including lava (21a) that generates far infrared rays (¶ 0023), the lava covering at least 40% of an interior surface area (surface area of 21a) of the spa room excluding the ceiling (see Fig. 2 and 7);
a heating device (29), which heats the interior material from an inside or a back side thereof (see Fig. 7),
a control device (11) which controls, of the spa room, a room temperature, a humidity, and a surface temperature of the interior material, to be within predetermined ranges (¶ 0040-0041),
wherein the predetermined ranges are set as follows:
surface temperature of the interior material: 45 to 65°C (¶ 0023).
However, Shigematsu does not explicitly disclose a heat and steam generating device including a sauna stove, which generates heat and steam; a heater incorporated within a housing of the heat and steam generating device; lava stones which are placed on the heat and steam generating device and heated by the heater; lava that is permeable; wherein the predetermined ranges are set as follows: humidity: 40 to 60% as claimed.
Koizumi discloses systems and methods for adjusting the atmosphere of exercise studios including a heat and steam generating device (10) including a sauna stove (50), which generates heat and steam (¶ 0032, 0041); a heater (21) incorporated within a housing (see Fig. 5-6) of the heat and steam generating device; lava stones (32-33; ¶ 0033-0038) which are placed on the heat and steam generating device and heated by the heater (¶ 0033-0038); lava that is permeable (¶ 0043); wherein the predetermined ranges are set as follows: humidity: 40 to 60% (¶ 0041). It would have been obvious to one of ordinary skill in the art to have modified the bath unit of Shigematsu, to simultaneously generate heat and steam and the lava to be permeable as claimed, as taught by Koizumi, in order to provide the studio with a mineral-containing steam atmosphere with far-infrared radiation i.e., the studio is adjusted to have a predetermined atmosphere with a predetermined temperature and humidity (¶ 0041) and in order to enable steam to be accumulated appropriately and enable discharge an appropriate portion of steam into the studio (¶ 0043).
However, Shigematsu does not explicitly disclose the heating device includes a water heater and piping through which hot water supplied from the water heater is passed as claimed.
Yatomi discloses a sauna room wherein the heating device includes a water heater (5-6) and a piping (6a-b) through which hot water supplied from the water heater is passed (¶ 0157, 0172-0174). It would have been obvious to one of ordinary skill in the art to have modified the heating device of Shigematsu, to include a water heater and piping as claimed, as taught by Yatomi, since it was known in the art that a heating part including hot-water boilers and a heating conduit can be used to heat a sauna room (¶ 0157, 0172-0174).
The combination above does not explicitly disclose the predetermined ranges are set as follows: (a) room temperature: 60 to 70°C as claimed.
It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP § 2144.05(II)(A). Thus, it would have been obvious to one having ordinary skill in the art to modify the device of Shigematsu such that the predetermined ranges are set as follows: (a) room temperature: 60 to 70°C as claimed, in order to keep the inside of the bathroom at a preferred temperature. Furthermore, Applicant appears to have placed no criticality on the predetermined ranges are set as follows: (a) room temperature: 60 to 70°C and it appears that the device of Shigematsu would work appropriately if made having the claimed range of the predetermined ranges are set as follows: (a) room temperature: 60 to 70°C as claimed.
Regarding claim 5, the combination above and specifically Koizumi further discloses the predetermined range of the humidity is set to 45 to 60% (¶ 0041).
Regarding claim 6, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, the combination above does not explicitly disclose the control device controls the room temperature, the humidity, and the surface temperature to be the following values:
(a) room temperature: 65°C,
(b) humidity: 55%, and
(c) surface temperature of the interior material: 60°C as claimed.
It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP § 2144.05(II)(A). Thus, it would have been obvious to one having ordinary skill in the art to modify the device of Shigematsu such that the control device controls the room temperature, the humidity, and the surface temperature to be the following values: (a) room temperature: 65°C, (b) humidity: 55%, and (c) surface temperature of the interior material: 60°C as claimed, in order to keep the inside of the bathroom at a preferred temperature and humidity. Furthermore, Applicant appears to have placed no criticality on the control device controls the room temperature, the humidity, and the surface temperature to be the following values (a) room temperature: 65°C, (b) humidity: 55%, and (c) surface temperature of the interior material: 60°C and it appears that the device of Shigematsu would work appropriately if made having the control device controlling the room temperature, the humidity, and the surface temperature to be the following values: (a) room temperature: 65°C, (b) humidity: 55%, and (c) surface temperature of the interior material: 60°C as claimed.
Regarding claim 7, the combination above and specifically Shigematsu further discloses a bedrock (¶ 0017) including the lava or predetermined ores (21a) is used as the interior material (¶ 0021).
Regarding claim 8, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, Shigematsu does not explicitly disclose the interior material has air permeability as claimed.
Koizumi discloses systems and methods for adjusting the atmosphere of exercise studios wherein the interior material has air permeability (¶ 0043). It would have been obvious to one of ordinary skill in the art to have modified the interior material of Shigematsu, to have air permeability as claimed, as taught by Koizumi, in order to enable steam to be accumulated appropriately and enable discharge an appropriate portion of steam into the studio (¶ 0043).
Regarding claim 9, the combination above and specifically Shigematsu further discloses the bedrock is installed on at least any one of: a wall of the plurality of walls, the floor, the ceiling or the at least one seat in the spa room (see Fig. 7).
Regarding claim 11, the combination above and specifically Shigematsu further discloses a bedrock (¶ 0017) including the lava or predetermined ores is used for at least a part of the interior material (see Fig. 2 and 7), the part being a portion of the interior material that contacts a user (see Fig. 2 and 7).
Regarding claim 12, the combination above and specifically Shigematsu further discloses the part is a portion of the interior material (¶ 0017; see Fig. 2 and 7) that constitutes the floor and the at least one seat on which the user is seated (see Fig. 2 and 7).
Regarding claim 14, the combination above and specifically Koizumi further discloses another stone (31) having a composition different from that of the lava is disposed between the lava and the heat source (see Fig. 1; ¶ 0033-0038).
Regarding claim 15, the combination above and specifically Koizumi further discloses an automatic heat and steam generating system (¶ 0053) that causes the heat and steam generating device to automatically generate the heat and steam (¶ 0053).
Regarding claim 17, the combination above and specifically Yatomi further discloses wherein the heating device includes a water heater (5-6) and a piping (6a-b) through which hot water supplied from the water heater is passed (¶ 0157, 0172-0174).
Regarding claim 18, the combination above and specifically Yatomi further discloses the heating device further includes a hot-water temperature regulator (¶ 0157, 0172-0174) which regulates a temperature of the hot water to be supplied (¶ 0157, 0172-0174).
Regarding claim 19, the combination above and specifically Yatomi further discloses the hot-water temperature regulator regulates the temperature of the hot water to be supplied to a predetermined target hot-water temperature (¶ 0157, 0172-0174).
Regarding claim 20, the combination above and specifically Yatomi further discloses the heating device further includes a hot-water temperature setter (¶ 0157, 0172-0174) which sets the target hot-water temperature on the basis of an operation by a user (¶ 0157, 0172-0174).
Regarding claim 21, the combination above and specifically Yatomi further discloses the hot-water temperature regulator regulates a temperature of hot water in the water heater such that the surface temperature of the interior material is within a predetermined range (¶ 0157, 0172-0174).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shigematsu (JP 2007289340; translation provided 4/19/2024) in view of Koizumi (US 20180087788) and Yatomi (US 20070089229) as applied to claim 15 above, and further in view of Yamamoto (JP 2004267491; translation provided 4/19/2024).
Regarding claim 16, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 15.
Koizumi further discloses the automatic heat and steam generating system has an automatic water-supply device (¶ 0053) which automatically supplies water to the heat and steam generating device periodically (¶ 0053).
Shigematsu further discloses a ventilation fan (20); however, the combination above does not disclose an automatic air-blowing device which blows air in conjunction with the automatic water-supply device as claimed.
Yamamoto discloses steam heat generation equipment for sauna bath and water sprinkling device wherein an automatic air-blowing device (12) which blows air in conjunction with the automatic water-supply device (1). It would have been obvious to one of ordinary skill in the art to have modified the bath unit of Shigematsu, to include an automatic air-blowing device as claimed, as taught by Yamamoto, in order to automatically and safely generate all the hot air with steam without any human intervention (p. 2, ll. 24-26).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shigematsu (JP 2007289340; translation provided 4/19/2024) in view of Koizumi (US 20180087788) and Yatomi (US 20070089229) as applied to claim 1 above, and further in view of Wuck (US 3381108).
Regarding claim 22, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, the combination above does not disclose a water bath provided outside the spa room as claimed.
Wuck discloses an apartment or house with centralized heating system and sauna room wherein a water bath (2) provided outside the spa room (1). It would have been obvious to one of ordinary skill in the art to have modified the bath unit of Shigematsu, to include a water bath provided outside the spa room as claimed, as taught by Wuck, since it was known in the art for an apartment or house to include both a bathroom and a hot-air bathroom (sauna) (Abstract; col. 2, ll. 39-42; Fig. 1).
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 WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Thursday 11AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P 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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WILLIAM R. KLOTZ
Examiner
Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754