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 § 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 4 is 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 4 recites the limitation "the end hooks" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
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 1-6, 9-12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 7,328,466 (Bowen) in view of US 7,438,112 (Cheng).
Regarding claim 1, Bowen discloses a retractable bathing splash barrier (70) for containing splashes in a bathtub when bathing children or pets, comprising:
a tube (40) adapted for providing structural support to the bathing splash barrier;
a pair of end caps (36a/36b), each of the pair of hooks shaped and configured for coupling to (38; C3 L29-38) a first end, and a second end of the tube to securely hold and provide support thereto;
a handle (86);
a spool (60) attached between the pair of end caps (Fig. 2) and comprising a splash barrier (70) rolled around thereon for storage and retrieval (C3 L53- C4 L6, C4 L45-62), wherein the splash barrier is configured for containing splashes in the bathtub;
wherein one end of the splash barrier is attached to the handle (C4 L35-44), and the other end of the splash barrier is attached to the spool (C3 L65 – C4 L6), and
wherein the handle allows a user to at least:
retrieve the splash barrier out from the spool attached to a wall of the bathtub and attach it to an opposite wall of the bathtub (C4 L63 – C5 L30), or
retract the splash barrier back into the spool for storage (C5 L31-44).
While Bowen discloses that the end caps can be attached with different coupling arrangements it doesn’t specify the formation of the end caps as hooks.
Cheng teaches a retractable barrier (Fig. 1) comprising a barrier (50) stored in a tube (42) which is received by a pair of hooks (20/41, 30) at opposing ends which hold and support the tube as well as facilitating removably coupling the barrier to mounts (21/33) installed on a wall or other vertical surface (Figs. 3-4).
It would have been obvious to one of ordinary skill in the art to utilize a pair of hooks as the tube endcaps, as taught by Cheng, to facilitate easier and repeatable assembly, installation/mounting and detachment/removal of the tube and retractable barrier.
Regarding claim 2, Bowen states that the handle of the splash barrier attaches to the opposite wall of the bathtub using an attachment (88).
Regarding claims 3-4, Bowen states that the handle (86) couples to a wall mounted attachment (88) which can take various forms including hook and loop fasteners, eyelet openings, suction cups and the like can be used to secure the assembly to the wall (28) of a bathroom and states that the fasteners can be secured to the wall by an adhesive strip (C5 L65 -C6 L3) but doesn’t specify the use of wall mounted hooks.
Cheng teaches a retractable barrier (Fig. 1) comprising a barrier (50) with handles (500) at a distal end which extends to an opposing wall where it is secured by wall mounted hooks (51) comprising a horizontal bar (portion projecting from wall to form ‘hook’ shape) extending out from the opposite wall with a vertical opening at an end (the interior of the ‘hook’ shape).
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It would have been obvious to one of ordinary skill in the art to utilize wall mounted hooks as an ‘attachment’ (structure for securing the distal end/handle of the barrier), as taught by Cheng, to facilitate quick and simple attachment and detachment of the retractable barrier to the bathroom wall during repeated use.
Regarding claim 5, Bowen states that the attachment can utilize hook and loop fasteners, grommets, suction cups and other attachment arrangements (C4 L35-44; C5 L65 – C6 L3).
Regarding claim 6, Bowen states that the splash barrier is transparent to allow the user to safely see children and pets while they are being bathed (C4 L22-27).
Regarding claim 9, Bowen in view of Chen teaches the formation of a splash barrier assembly comprising a tube and spool secured between to hooks as previously discussed.
Regarding the combination it is noted that Bowen states that the spool is installed between horizontal portions of the end caps (Fig. 2). Cheng teaches that the hook shaped/styled endcaps it teaches also secures a tube and spool between horizontal portions of the hooks (Fig. 3).
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As such the modification/teaching would still result in the tube and spool being secured between horizontal portions of the hook end caps.
Regarding claims 10-11, Bowen in view of Cheng teaches a splash barrier comprising a tube secured between a pair of hooks as previously discussed. Bowen further states that adhesively backed hook and loop fasteners, eyelet openings, suction cups and the like (42; C5 L65 -C6 L3) can be used to secure the assembly to the wall (28) of a bathroom but doesn’t explicitly state the use of wall mounted hooks.
Cheng, as previously discussed, teaches the provision of hooks (20/41/30) as endcaps to secure and support a tube of a retractable barrier. Cheng further teaches the provision of wall mounted hooks (21/33) for removably mounting the retractable barrier to a wall. A lower hook (30) having an opening (341) that ‘fits into’ an outer vertical portion (330) of the wall mounted hook (33) (C3 L 2-19 - piece 34 is received in slot 330 which results in the front piece of wall hook 33 being received in slot 341).
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An upper hook (20/41) comprises an opening which ‘fits into’ an outer vertical portion of an upper wall hook (21) (C4 L1-21; Opening 202 receives a front projection of wall hook 21 which forms groove 210 in the wall hook).
It would have been obvious to one of ordinary skill in the art to provide wall mounted hooks which are complimentary to/configured to engage the hooks supporting the tube of the splash barrier, as taught by Cheng, as an alternative mounting arrangement to facilitate installation/attachment of the splash barrier against a wall in an easy/simple and repeatable manner while also maintaining alignment/positioning of the barrier each time it is installed.
Regarding claim 12, Bowen states the use of various fasteners including the use of adhesive strips to secure a fastener/mount to the wall as previously discussed and Cheng teaches wall mounted hooks as a mounting arrangement for a retractable barrier. As such Bowen in view of Cheng teaches/establishes attaching mounting hooks to the wall with adhesive strips.
Regarding claim 18, Bowen in view of Cheng teaches the formation of a splash barrier with a tube supported by hooks at opposing ends as previously discussed. Bowen further states that adhesively backed hook and loop fasteners, eyelet openings, suction cups and the like (42; C5 L65 -C6 L3) can be used to secure the assembly to the wall (28) of a bathroom but doesn’t explicitly state the use of wall mounted hooks.
Cheng, as previously discussed, teaches the provision of hooks (20/41/30) as endcaps to secure and support a tube of a retractable barrier. Cheng further teaches the provision of wall mounted hooks (21/33) for removably mounting the retractable barrier to a wall.
It would have been obvious to one of ordinary skill in the art to provide wall mounted hooks which are complimentary to/configured to engage the hooks supporting the tube of the splash barrier, as taught by Cheng, as an alternative mounting arrangement to facilitate installation/attachment of the splash barrier against a wall in an easy/simple and repeatable manner while also maintaining alignment/positioning of the barrier each time it is installed.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Cheng as applied to claim 1 above, and further in view of US 2012/0227179 (Beyda).
Regarding claims 7-8, Bowen states that part (74) of the splash barrier (70) extends down into the bath tub when the splash barrier is deployed but doesn’t state the provision of a suction cup strip configurable along the bottom of the splash barrier that secure to a bathtub.
Beyda teaches a retractable barrier (100) for a bathtub comprising a bottom portion (112) configured to extend into the bathtub and provided with a suction cup strip comprising a plurality of suction cups (140a-140c) configurable along the bottom of the splash barrier to secure the bottom of the splash barrier to the tub body by securing the suction cups attached to the barrier to the bathtub.
It would have been obvious to one of ordinary skill in the art to provide a configurable suction cup strip at the bottom of the splash barrier configured to adhere to the bathtub, as taught by Beyda, to secure the barrier in an extended position and/or to prevent the center region of the splash barrier from moving/being displaced during use of the bathtub.
Claims 13-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Cheng and Beyda.
Regarding claims 13-14, Bowen discloses a retractable bathing splash barrier (70) for containing splashes in a bathtub when bathing children or pets, comprising:
a tube (40) adapted for providing structural support to the bathing splash barrier;
a pair of end caps (36a/36b), each of the pair of endcaps shaped and configured for coupling to (38; C3 L29-38) a first end, and a second end of the tube to securely hold and provide support thereto;
a handle (86);
a spool (60) attached between the pair of end caps (Fig. 2) and comprising a splash barrier (70) rolled around thereon for storage and retrieval (C3 L53- C4 L6, C4 L45-62), wherein the splash barrier is configured for containing splashes in the bathtub;
wherein one end of the splash barrier is attached to the handle (C4 L35-44), and the other end of the splash barrier is attached to the spool (C3 L65 – C4 L6), and
wherein the handle allows a user to at least:
retrieve the splash barrier out from the spool attached to a wall of the bathtub and attach it to an opposite wall of the bathtub (C4 L63 – C5 L30), or
retract the splash barrier back into the spool for storage (C5 L31-44).
While Bowen discloses that the end caps can be attached with different coupling arrangements it doesn’t specify the formation of the end caps as hooks. Also, while Bowen discloses that part (74) of the splash barrier (70) extends down into the bath tub when the splash barrier is deployed it doesn’t disclose the provision of a suction cup strip configurable along the bottom of the splash barrier that secure to a bathtub.
Cheng teaches a retractable barrier (Fig. 1) comprising a barrier (50) stored in a tube (42) which is received by a pair of hooks (20/41, 30) at opposing ends which hold and support the tube as well as facilitating removably coupling the barrier to mounts (21/33) installed on a wall or other vertical surface (Figs. 3-4).
It would have been obvious to one of ordinary skill in the art to utilize a pair of hooks as the tube endcaps, as taught by Cheng, to facilitate easier and repeatable assembly, installation/mounting and detachment/removal of the tube and retractable barrier.
Beyda teaches a retractable barrier (100) for a bathtub comprising a bottom portion (112) configured to extend into the bathtub and provided with a suction cup strip comprising a plurality of suction cups (140a-140c) configurable along the bottom of the splash barrier to secure the bottom of the splash barrier to the tub body by securing the suction cups attached to the barrier to the bathtub.
It would have been obvious to one of ordinary skill in the art to provide a configurable suction cup strip at the bottom of the splash barrier configured to adhere to the bathtub, as taught by Beyda, to secure the barrier in an extended position and/or to prevent the center region of the splash barrier from moving/being displaced during use of the bathtub.
Regarding claim 15, Bowen states that the handle (86) couples to a wall mounted attachment (88) which can take various forms including hook and loop fasteners, eyelet openings, suction cups and the like can be used to secure the assembly to the wall (28) of a bathroom and states that the fasteners can be secured to the wall by an adhesive strip (C5 L65 -C6 L3) but doesn’t specify the use of wall mounted hooks.
Cheng teaches a retractable barrier (Fig. 1) comprising a barrier (50) with handles (500) at a distal end which extends to an opposing wall where it is secured by wall mounted hooks (51).
It would have been obvious to one of ordinary skill in the art to utilize wall mounted hooks as an ‘attachment’ (structure for securing the distal end/handle of the barrier), as taught by Cheng, to facilitate quick and simple attachment and detachment of the retractable barrier to the bathroom wall during repeated use.
Regarding claim 16, as previously discussed Bowen states the use of various fasteners as well as the use of adhesive strips to secure a fastener/mount to the wall as previously discussed and Cheng teaches hook endcaps engaging wall mounted hooks as a mounting arrangement for a retractable barrier. As such Bowen in view of Cheng teaches/establishes attaching mounting hooks to the wall with adhesive strips.
Regarding claim 17, Bowen states that the splash barrier is transparent to allow the user to safely see children and pets while they are being bathed (C4 L22-27).
Regarding claim 19, Bowen discloses a retractable bathing splash barrier (70) for containing splashes in a bathtub when bathing children or pets, comprising:
a tube (40) adapted for providing structural support to the bathing splash barrier;
a pair of end caps (36a/36b), each of the pair of endcaps shaped and configured for coupling to (38; C3 L29-38) a first end, and a second end of the tube to securely hold and provide support thereto;
a handle (86);
a spool (60) attached between the pair of end caps (Fig. 2) and comprising a splash barrier (70) rolled around thereon for storage and retrieval (C3 L53- C4 L6, C4 L45-62), wherein the splash barrier is configured for containing splashes in the bathtub;
wherein one end of the splash barrier is attached to the handle (C4 L35-44), and the other end of the splash barrier is attached to the spool (C3 L65 – C4 L6), and
wherein the handle allows a user to at least:
retrieve the splash barrier out from the spool attached to a wall of the bathtub and attach it to an opposite wall of the bathtub (C4 L63 – C5 L30), or
retract the splash barrier back into the spool for storage (C5 L31-44).
Bowen further discloses that the end caps can be attached with different coupling arrangements (C3 L29-38) and the assembly can be secured to the wall through different fasteners including hook and loop fasteners, eyelet openings, suction cups and the like can be used to secure the assembly to the wall (28) of a bathroom and states that the fasteners can be secured to the wall by an adhesive strip (42; C5 L65 -C6 L3).
However, Bowen doesn’t specify the formation of the end caps as hooks which engage wall mounted hooks. Also, while Bowen discloses that part (74) of the splash barrier (70) extends down into the bath tub when the splash barrier is deployed it doesn’t disclose the provision of a suction cup strip configurable along the bottom of the splash barrier that secure to a bathtub.
Beyda teaches a retractable barrier (100) for a bathtub comprising a bottom portion (112) configured to extend into the bathtub and provided with a suction cup strip comprising a plurality of suction cups (140a-140c) configurable along the bottom of the splash barrier to secure the bottom of the splash barrier to the tub body by securing the suction cups attached to the barrier to the bathtub.
It would have been obvious to one of ordinary skill in the art to provide a configurable suction cup strip at the bottom of the splash barrier configured to adhere to the bathtub, as taught by Beyda, to secure the barrier in an extended position and/or to prevent the center region of the splash barrier from moving/being displaced during use of the bathtub.
Cheng teaches a retractable barrier (Fig. 1) comprising a barrier (50) stored in a tube (42) which is received by a pair of hooks (20/41, 30) at opposing ends which hold and support the tube as well as facilitating removably coupling the barrier to wall mounted hooks (21/33) installed on a wall or other vertical surface (Figs. 3-4).
It would have been obvious to one of ordinary skill in the art to utilize a pair of hooks configured to mount to complimentary wall mounted hooks as the endcaps of the splash barrier tube, as taught by Cheng, to facilitate easier and repeatable assembly, installation/mounting and detachment/removal of the tube and retractable barrier.
Regarding claim 20, as previously discussed Bowen states the use of various fasteners as well as the use of adhesive strips to secure a fastener/mount to the wall as previously discussed and Cheng teaches hook endcaps engaging wall mounted hooks as a mounting arrangement for a retractable barrier. As such Bowen in view of Cheng teaches/establishes attaching mounting hooks to the wall with adhesive strips.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
FR 2894124 (Papillon) teaches a retractable barrier for a bathtub comprising a wall mounted spool and a retractable barrier that engages wall mounted fasteners.
EP 3395221 (Firnkes) teaches a retractable splash barrier with one end fixed to a wall and an opposing end of the retractable barrier releasably secured to a wall mounted hook mounted through a suction cup.
US 1,732,798 (Falzer) teaches a retractable splash barrier for a bathtub comprising a barrier wound around a spool which extends to an opposing side of the bathtub where it is connected to the opposing wall by wall mounted hooks.
US 4,070,735 (Canaday) is a suction cup strip configured for securing a retractable splash barrier of a shower/bathtub.
US 4,771,517 (Bonanno) is a wall mounted hook for securing a flexible bathtub barrier.
US 6,789,279 (Yarid) teaches a retractable splash barrier for a bathtub comprising a handle on one end which releasably secures to a wall through a pair of wall mounted hooks.
US 9,907,438 (Ross) is a retractable splash guard for a bathtub configured to secure to the bath walls through suction cups.
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.
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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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/NICHOLAS A ROS/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754