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 Objections
Claims 3-4 and 17-18 are objected to because of the following informalities: , the limitation “the body” on line 1 of claim 3 lacks antecedent basis in the claim; and the limitation “perimeter seal assembly” in line 1 of claim 17 lacks antecedent basis in the claim and should be changed to --perimeter seal--. Claims 4 and 18 are objected for their dependency. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6-14, and 17-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by EP 4206418 A1 (hereinafter Steenkrackt).
Regarding claim 1, Steenkrackt discloses a movable pool cover system for an associated pool having a predetermined surface area, the moving pool cover system comprising a pool cover (floor 104) having a perimeter that is configured to cover the associated pool surface area, the pool cover having a buoyant, insulating, and rigid composition (see abstract); and a depth control system (see Fig. 1c or 5a) that raises and lowers the pool cover of the associated pool.
Regarding claim 6, the system of claim 1 wherein the pool cover includes at least one of cosmetic flooring or panels (see Fig. 5b: cover elements 122 may be attached to crates, boxes, or blocks 131) that form a top surface of the pool cover (see col. 15, lines 6-15).
Regarding claim 7, the system of claim 1, wherein the depth control system (see Fig. 5a) further comprises a winch system (106) including a winch motor (108) and winch drum (at the center of 108 for cables 107).
Regarding claim 8, the system of claim 7, wherein the depth control system is affixed to the bottom surface of the pool cover (see Fig. 5a).
Regarding claim 9, the system of claim 8, wherein the depth control system includes a flexible member (107) that engages the winch drum and is secured to the pool cover.
Regarding claim 10, the system of claim 9, wherein the flexible member includes at least one of a strap, rope, or plastic-coated wire (cables 107).
Regarding claim 11, the system of claim 10, wherein the depth control system includes a pulley (109) configured to be secured to the associated pool.
Regarding claim 12, the system of claim 11, wherein the pulley is configured to be secured to a bottom surface of the associated pool (see Fig. 5a).
Regarding claim 13, the system of claim 12, wherein the pulley receives the flexible member therearound to facilitate raising and lowering of the pool cover relative to the associated pool.
Regarding claim 14, the system of claim 1, wherein the depth control system includes an electric winch system (see Fig. 5a) comprising a winch motor (108) and winch drum (at the center of 108 for cables 107) configured to be secured to one of a side or bottom surface (see Fig. 5a) of the associated pool.
Regarding claim 17, the system of claim 2 wherein the perimeter seal includes a selectively collapsible seal member (member 119 is flexible/collapsible).
Regarding claim 18, the system of claim 17, wherein the seal member (119) is configured to be received by the associated pool (see Fig. 5b).
Regarding claim 19, the system of claim 2 wherein the perimeter seal is compartmentalized to provide a seal at first portions of a perimeter of the pool cover (see Fig. 5b), and do not seal at second portions (see Fig. 5b: the portions below 120) of the pool cover perimeter to allow water to flow there past for the correct function of the hydraulic flows of the pool design.
Claim(s) 1 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 4,271,542 (hereinafter Wood).
Regarding claim 1, Wood discloses a movable pool cover system for an associated pool having a predetermined surface area, the moving pool cover system comprising a pool cover (16) having a perimeter that is configured to cover the associated pool surface area (see Fig. 1), the pool cover having a buoyant, insulating, and rigid composition (see abstract); and a depth control system (see Fig. 2) that raises and lowers the pool cover of the associated pool.
Regarding claim 16, the system of claim 1, wherein the depth control system includes a hydraulic cylinder (38, 40) mounted to a bottom surface of the pool cover (16), a pulley (76 or 77) mounted to the bottom of the pool cover, and a flexible member (80) configured to be secured to a bottom surface of the associated pool.
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) 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steenkrackt.
Regarding claims 5 and 20, Steenkrackt teaches all of the claimed limitations as discussed above, regarding claim 1, except for the range of the pool cover can support loads of at least 40lb/ft2. However, Steenkrackt teaches the buoyancy has an “upward force which allows people to walk” thereon (see col. 6, lines 31-41). Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to optimize the Pearlson’s pool cover to support loads of at least 40lb/ft2 since 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.
Claim(s) 2-3 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steenkrackt in view of IT 2019000019742 (hereinafter Exonsteel).
Regarding claims 2 and 21, Steenkrackt teaches all of the claimed limitations, as discussed above regarding claim 1 or 20 above, except for a perimeter seal assembly operatively interposed between the pool cover perimeter and the pool body. Steenkrackt discloses that the cover system includes a perimeter support structure/elements 111 interposed between the pool cover perimeter and the pool body and interlocked the pool cover and the pool body to prevent water gushes over the floor (see col. 6, lines 9-22 and col. 12, lines 34-52).
Steenkrackt remains silent as to the perimeter support structure/elements providing a perimeter seal or seal assembly.
Attention is directed to the Exonsteel reference which teaches an analogous cover system further comprises a perimeter support structure/elements (see Fig. 7) for interlocking and sealing a swimming pool at the perimeter edge in order to prevent water splashing or gushing out of the pool, the perimeter support having a perimeter seal or seal assembly (see Fig. 7: seal 18) comprising an inflatable seal member (18) that, when selectively inflated, is received in a recess (26) defined in the pool body; wherein the recess is located along an upper portion of the pool body to seal and interlock the pool cover and pool body (see Fig. 7).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to employ, on the Steenkrackt system, a perimeter support structure having a perimeter seal or seal assembly interposed between the pool cover perimeter and the pool body as taught by Exonsteel in order to hermetically seal and prevent water splashing or gushing out of the pool.
Regarding claim 3, the combination as discussed regarding claim 1 above, wherein the cover’s body includes a plurality of discrete cells (crates, boxes, or blocks 131, as shown in Fig. 5b, are considered discrete cells).
Regarding claims 22-23, the combination as discussed regarding claim 21 above, wherein Exonsteel teaches an inflatable seal member (18) that, when selectively inflated, is received in a recess (26) defined in the pool body; wherein the recess is located along an upper portion of the pool body to seal and interlock the pool cover and pool body (see Fig. 7).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steenkrackt in view of Exonsteel, as applied to claim 2 above, and further in view of US 3,091,777 (hereinafter Pearson).
The combination of Steenkrackt and Exonsteel teaches all of the claimed limitations as discussed regarding claim 2 above except for the plurality of cells are filled with closed cell foam.
Attention is directed to the Pearson reference which teaches an analogous movable pool cover system further having rectangular planks or slats (15) which can be filled with a buoyant material such Styrofoam (a type of closed cell foam) (see col. 3, lines 21-26) to form a filler (28).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to employ, in the Steenkrackt boxes 131 (cells as claimed), a closed cell foam filler as taught by Pearson in order to enhance the buoyancy of the Steenkrackt cover.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steenkrackt in view of US 5,025,512 (hereinafter Niimura).
Steenkrackt teaches all of the claimed limitations, as discussed above regarding claim 14 above, except for the winch system is not submerged in water, and flexible members operatively associated with the winch system terminate and are accessible at the winch motor/winch drum.
Attention is directed to the Niimura reference which teaches an analogous movable cover system having a depth control system that raises and lowers a pool cover, wherein the depth control system includes a winch system that is not submerged in water (see Figs. 1 and 18) at low cost without the destruction to the pool (see abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to rearrange the Steenkrackt winch system to a location that is not submerged in water such as taught by Niimura at low cost without the destruction to the pool interior.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
FR-2981381-A1 (Bouchaud) teaches a movable pool cover system having a movable stair which is an unclaimed feature of the instant invention.
FR-3050474-A1 (Cortiade) teaches a movable pool cover system having a movable stair which is an unclaimed feature of the instant invention.
GB 2602352 A (Toumazis) teaches a movable pool cover system having cosmetic panels similar to the instant invention.
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/TUAN N NGUYEN/Primary Examiner, Art Unit 3754