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.
Claims 142-147 and 150-152 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0375412 (Wallender hereinafter).
Regarding claim 142, Wallender teaches a towel rack (Figure 2) that discloses a laterally extending cross structure (Figure 2 with ¶ 25-26); a fluid flow path traversing the laterally extending cross structure (¶ 27 and Figure 4); a forced air unit positioned in the laterally extending cross structure (Forced air unit 210 per ¶ 26-27); a heating element that heats air which is moved via the forced air unit through the fluid flow path (Heater 404 within 210 shown in Figure 4 per ¶ 26-29); and a vent in fluid communication with the fluid flow path, wherein the laterally extending cross structure is configured to support a towel and cause the towel to receive air which emitted from the vent (Vent 218 per ¶ 25 and 27).
Regarding claim 143, Wallender’s teachings are described above in claim 142 where Wallender further discloses that the laterally extending cross structure includes a plurality of cross bars forming a cross bar conduit (Cross bars 212 in Figure 2).
Regarding claim 144, Wallender’s teachings are described above in claim 143 where Wallender further discloses that the plurality of cross bars extends between a first lateral support and a second lateral support (Cross bars 212 between 220/222 in Figure 2).
Regarding claim 145, Wallender’s teachings are described above in claim 143 where Wallender further discloses that the plurality of cross bars includes: a first plurality of cross bars forming a first cross bar conduit (First plurality at 216 in Figure 2); and a second plurality of cross bars forming a second cross bar conduit (Second plurality at 214 in Figure 2).
Regarding claim 146, Wallender’s teachings are described above in claim 143 where Wallender further discloses that the vent includes: a first vent traversing the first cross bar conduit (First vents of 218 in section 216); and a second vent traversing the second cross bar conduit (Second vents of 218 in the section 214).
Regarding claim 147, Wallender’s teachings are described above in claim 143 where Wallender further discloses that the second cross bar conduit is larger than the first cross bar conduit (¶ 26 details that the towel dryer can be in an A-frame shape therefore the second cross bars at 214 will be larger than the first cross bars in section 216).
Regarding claim 150, Wallender’s teachings are described above in claim 142 where Wallender further discloses a first lateral support (Support 222 in Figure 2); a second lateral support (Support 220 in Figure 2), wherein the laterally extending cross structure extends between the first lateral support and the second lateral support (Evident from Figure 2), wherein the fluid flow path traverses the laterally extending cross structure and at least one of the first lateral support and the second lateral support (Figures 2 and 4).
Regarding claim 151, Wallender’s teachings are described above in claim 150 where Wallender further discloses that the vent is located in at least one of the laterally extending cross structure, the first lateral support, and the second lateral support and is in fluid communication with the fluid flow path (Vents 218 on the cross structure in Figures 2 and 4).
Regarding claim 152, Wallender’s teachings are described above in claim 142 where Wallender further discloses an aromatherapy cartridge in fluid communication with the fluid flow path so that the air emitted from the vent is mixed with aromatherapy particles from the aromatherapy cartridge (Figures 6-8 with ¶ 41).
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.
Claims 148, 149, and 161 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0375412 (Wallender) in view of CN 210810730 (Yin hereinafter).
Regarding claim 148, Wallender’s teachings are described above in claim 142 where Wallender teaches that the laterally extending cross structure includes: a first lateral sidewall (Sidewall 222 in Figure 2); and a second lateral sidewall (Sidewall 220).
Wallender is silent with respect to the first lateral side wall and the second lateral side wall extending from a base.
However, Yin teaches a towel drying rack (Figure 1) that discloses a laterally extending cross structure (Figure 1) including: a first lateral sidewall extending from a base (Sidewall 4 closest to the timer 2 extending from a base 6); and a second lateral sidewall extending from the base (opposite vertical sidewall 4 from the first sidewall extending from the same base 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the towel rack of Wallender with the base of Yin to allow for additional mounting/drying space to be available.
Regarding claim 149, Wallender’s modified teachings are described above in in claim 148 where the combination of Wallender and Yin would further disclose that ends of the first lateral sidewall and ends of the second lateral sidewall are configured to form a space between the first lateral sidewall and the second lateral sidewall (Space between 222/220 of Wallender for 218 to reside).
Regarding claim 161, Wallender teaches a towel rack (Figures 2 and 4) that discloses a first lateral sidewall (Sidewall 222 in Figure 2); a second lateral sidewall (Sidewall 220), wherein ends of the first lateral sidewall and ends of the second lateral sidewall are configured to form a space between the first lateral sidewall and the second lateral sidewall (Space between 222/220 of Wallender for 218 to reside), wherein at least one of the first lateral sidewall and the second lateral sidewall are configured to provide a fluid flow path which traverses the respective first lateral sidewall and second lateral sidewall (Figure 4 shows the heated fluid flow pathing); a forced air unit (Unit 210 in Figures 2 and 4); a heating element to heat air which is moved via the forced air unit through the fluid flow path (Heater 404 within 210 as shown in Figure 4); and an internal vent located in the at least one of the first lateral sidewall and the second lateral sidewall and in fluid communication with the fluid flow path and configured to emit the air into the space (Figure 4 shows the fluid flow path and the passage into the defined space and eventually out the vents 218), wherein the first lateral sidewall, the second lateral sidewall, or a combination thereof, is configured to support at least one towel (Inherent of Wallender in ¶ 18 and Figure 1).
Wallender is silent with respect to a base; a first lateral sidewall extending from the base; a second lateral sidewall extending from the base.
However, Yin teaches a towel drying rack (Figure 1) that discloses a base (Base 6 in Figure 1); a laterally extending cross structure (Figure 1) including: a first lateral sidewall extending from the base (Sidewall 4 closest to the timer 2 extending from a base 6); and a second lateral sidewall extending from the base (opposite vertical sidewall 4 from the first sidewall extending from the same base 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the towel rack of Wallender with the base of Yin to allow for additional mounting/drying space to be available.
Claim 153 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0375412 (Wallender) in view of US 2019/0186833 (Skiffington hereinafter).
Regarding claim 153, Wallender’s teachings are described above in claim 142 but are silent with respect that the towel rack is configured to kill at least one of a pathogen, germ, bacterium, a virus, or combinations thereof.
However, Skiffington teaches a forced air device for drying materials that discloses airflow configured to kill at least one of a pathogen, germ, bacterium, a virus, or combinations thereof (¶ 29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the airflow temperature of Wallender with the teachings of Skiffington to assist in deodorizing and cleaning the towels after use.
Claim 154 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0375412 (Wallender) in view of US 5406717 (Dofka hereinafter).
Regarding claim 154, Wallender’s modified teachings are described above in claim 142 but are silent with respect to a horizontally moveable slat that slides along the laterally extending cross structure to facilitate increasing heat capture.
However, Dofka teaches a drying rack that discloses a moveable slat that slides along the laterally extending cross structure to facilitate increasing heat capture (Figure 1 with movable slat/body 7 to increase the area of the object being dried). The resultant combination would place the body 7 of Dofka on the horizonal racks 212 of Wallender to allow for increased surface area of the underside of the towel to be dried.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the towel drying rack of Wallender with the moveable body of Dofka to increase the surface area of the towel impacted by the air.
Claim 155 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0375412 (Wallender) in view of US 2021/0222353 (Durham hereinafter) and further in view of US 2006/0138120 (Taylor hereinafter).
Regarding claim 155, Wallender’s modified teachings are described above in claim 142 but are silent with respect that the towel rack is configured to heat an article, garment, or towel to a pre-selected temperature in a range of 135 °F - 220 °F.
However, Durham teaches a garment heater/dryer that discloses an airflow supply configured to heat an article, garment, or towel to a pre-selected temperature in a range of 135 °F - 220 °F (Claim 16)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the temperature of the airflow in Wallender with the temperature range provided by Durham to ensure that the towel is dried and cleaned after sue.
Wallender, per Durham, is silent with respect to maintaining that pre-selected temperature for a pre-selected period of time in a range of 10 sec. - 120 min.
However, Taylor teaches a warming/trying device that discloses heating an object with a timer setting between 10 seconds and 120 minutes (¶ 33 and 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the operation of Wallender with the timer of Taylor to allow for the user to define an operation length.
Claim 156 rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0375412 (Wallender) in view of US 2021/0222353 (Durham hereinafter) in view of US 2006/0138120 (Taylor) and further in view of US 2020/00030675 (Goldstein hereinafter).
Regarding claim 156, Wallender’s modified teachings are described above in claim 155but are silent with respect that the towel rack is further configured to cool the article, garment, or towel to a temperature which is less than the pre-selected temperature.
However, Goldstein teaches a towel rack with a cooling feature that is configured to cool the article, garment, or towel to a temperature which is less than the pre-selected temperature (¶ 58-61).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the towel rack and control of Wallender with the cooling function of Goldstein to allow for a user to have a colder towel on hotter days.
Claim 157 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0222353 (Durham) in view of US 2006/0138120 (Taylor).
Regarding claim 157, Durham teaches a method of heating an article, garment, or towel (¶ 1) that discloses heating the object to a pre-selected temperature in a range of 135 °F - 220 °F (Claim 16).
Durham is silent with respect to maintaining that pre-selected temperature for a pre-selected period of time in a range of 10 sec. - 120 min. Durham does in ¶ 63 and 136 detail the use of a timer.
However, Taylor teaches a warming/trying device that discloses heating an object with a timer setting between 10 seconds and 120 minutes (¶ 33 and 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the operation of Durham with the timer length of Taylor to allow for the user to define an operation length.
Claim 158 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0222353 (Durham) in view of US 2006/0138120 (Taylor) and further in view of US 2020/00030675 (Goldstein).
Regarding claim 158, Durham’s modified teachings are described above in claim 157 but are silent with respect to cooling the article, garment, or towel to a temperature which is less than the pre-selected temperature.
However, Goldstein teaches a towel rack with a cooling feature that is configured to cool the article, garment, or towel to a temperature which is less than the pre-selected temperature (¶ 58-61).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the towel rack and control of Wallender with the cooling function of Goldstein to allow for a user to have a colder article on hotter days.
Claims 159 rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0222353 (Durham) in view of US 2006/0138120 (Taylor) and further in view of US 2019/0186833 (Skiffington).
Regarding claim 159, Durham’s modified teachings are described above in claim 157 but are silent with respect that the heating is sufficient to kill a pathogen, germ, bacterium, a virus, or combinations thereof.
However, Skiffington teaches a forced air device for drying materials that discloses airflow configured to kill at least one of a pathogen, germ, bacterium, a virus, or combinations thereof (¶ 29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the airflow temperature of Durham with the teachings of Skiffington to assist in deodorizing and cleaning the towels after use.
Claim 160 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0222353 (Durham) in view of US 2006/0138120 (Taylor) in view of US 2019/0186833 (Skiffington) and further in view of US 2020/00030675 (Goldstein).
Regarding claim 160, Durham’s modified teachings are described above in claim 159 but are silent with respect to cooling the article, garment, or towel to a temperature which is less than the pre-selected temperature.
However, Goldstein teaches a towel rack with a cooling feature that is configured to cool the article, garment, or towel to a temperature which is less than the pre-selected temperature (¶ 58-61).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the towel rack and control of Durham with the cooling function of Goldstein to allow for a user to have a colder article on hotter days.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762
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